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A02181 Summary:

BILL NOA02181
 
SAME ASSAME AS S03581
 
SPONSORPaulin
 
COSPNSRBichotte Hermelyn, Steck, Reyes, Colton, Seawright, Hevesi, Brown K, Simone, Rosenthal, Stern, Rivera, Gonzalez-Rojas, Jensen, Forrest, Dinowitz, Simon, Schiavoni, McDonald, Meeks, Lunsford, Levenberg, Shimsky, Otis, Rajkumar, Carroll R, Slater, Bendett, McMahon, Gibbs, Shrestha, Kay, Gallagher, Griffin, Epstein, Stirpe, Hunter, Conrad, Cunningham, Woerner, Weprin, Lupardo, Barrett, Davila, DeStefano, Glick, Bronson, Jacobson, Kelles, Romero, Lee, Lasher, Solages, Rozic, Clark, Kassay, Manktelow, De Los Santos, Santabarbara, Eachus, Bores, Valdez, Lavine, Carroll P, Benedetto, Sayegh, Angelino, Burke, Williams, Durso, Raga, Burroughs, Walker
 
MLTSPNSR
 
Add §1114-c, Pub Health L
 
Provides lead service line identification by a public water system that serves certain areas.
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A02181 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2181
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by M. of A. PAULIN, BICHOTTE HERMELYN, STECK, REYES, COLTON,
          SEAWRIGHT, HEVESI, K. BROWN, SIMONE, ROSENTHAL, STERN, RIVERA,  GONZA-
          LEZ-ROJAS,  JENSEN, FORREST -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to lead service  line
          identification

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  1114-c to read as follows:
     3    §  1114-c.  Lead  service  line identification. 1. For the purposes of
     4  this section:
     5    (a) "Covered water system" means (i) a public water system that serves
     6  at least fifteen service connections used  by  year-round  residents  or
     7  regularly  serves  at  least twenty-five year-round residents; or (ii) a
     8  public water system that regularly serves at least  twenty-five  of  the
     9  same people, four hours or more per day, for four or more days per week,
    10  for twenty-six or more weeks per year.
    11    (b)  "Service  line"  means  any  piping  connecting a water main to a
    12  building inlet.
    13    (c) "Galvanized service line" means iron or steel piping that has been
    14  dipped in zinc to prevent corrosion and rusting.
    15    (d) "Gooseneck, pigtail,  or  connector"  means  a  short  section  of
    16  piping, typically not exceeding two feet, which can be bent and used for
    17  connections  between  rigid  service  piping,  typically  connecting the
    18  service line to the water main.
    19    (e) "Lead service line" means a service line made of lead or  where  a
    20  portion  of  the  service line is made of lead. A gooseneck, pigtail, or
    21  connector made of lead shall be considered a lead service line,  regard-
    22  less  of  length  and  regardless of the material of the service line to
    23  which such gooseneck, pigtail, or connector is  attached.  A  galvanized
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04768-01-5

        A. 2181                             2
 
     1  service  line shall be considered a lead service line if it is currently
     2  or ever was downstream of a lead service line or is currently downstream
     3  in the direction of flow of a lead status unknown service line.  If  the
     4  covered  water  system  is  unable  to  demonstrate  that the galvanized
     5  service line was never downstream of a lead service line, the galvanized
     6  service line shall be considered a lead service line.
     7    (f) "Customer" means an owner of real property served by  the  covered
     8  public water system.
     9    (g)  "Property" means real property served by the covered public water
    10  system.
    11    (h) "Non-owner adult occupant" means a person, age eighteen or  older,
    12  other  than  the  customer  that  is  occupying, with the consent of the
    13  customer, real property served by the covered  water  system,  including
    14  but  not  limited  to  tenants  and  occupants as defined in section two
    15  hundred thirty-five-f of the real property law.
    16    (i) "Locally adopted code" means any local law,  local  ordinance,  or
    17  covered water system rule or regulation.
    18    2. When consent and access to a property cannot be readily obtained by
    19  a covered water system for the purpose of conducting a free service line
    20  inspection  in  order  to determine the presence of a lead service line,
    21  the covered water system shall give notice to the customer of such prop-
    22  erty requesting consent and access. Any  request  to  a  customer  shall
    23  include  a notification that failure to respond within thirty days shall
    24  result in a non-owner adult occupant being authorized to consent to such
    25  request. All customers must respond within thirty days to such a request
    26  by a covered water system.
    27    3. If a customer fails  to  respond  within  thirty  days  to  such  a
    28  request,  a covered water system may notify any non-owner adult occupant
    29  of such outstanding request and accept the consent and  access  provided
    30  by  any  non-owner  adult occupant of the property in order to conduct a
    31  free service line inspection.
    32    4. If the consent and access of a customer or non-owner adult occupant
    33  of a property is refused or cannot be  readily  obtained  within  thirty
    34  days  after  notice  has  been  given, the covered water system may take
    35  actions consistent with its locally adopted code to secure such  consent
    36  and access.
    37    5.  Free service line inspections must occur within sixty days after a
    38  customer or non-owner adult occupant  has  consented  to  an  inspection
    39  request by a covered water system.
    40    6.  This  section  shall  not modify any existing liabilities or obli-
    41  gations for any  party  in  connection  to  conducting  a  service  line
    42  inspection,  provided  however that a non-owner adult occupant shall not
    43  be liable for any actions resulting from  consenting  to  and  providing
    44  access  to  conduct  a  service line inspection as authorized under this
    45  section.
    46    § 2. This act shall take effect immediately.
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