Requires public utility companies to repair or replace all damaged residential lateral sewer and water pipes where such damage was caused by such public utility company.
STATE OF NEW YORK
________________________________________________________________________
5254--C
Cal. No. 516
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
___________
Introduced by M. of A. WEPRIN, ROZIC, WRIGHT, PERRY -- read once and
referred to the Committee on Cities -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Codes -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the administrative code of the city of New York, in
relation to repair or replacement of damaged residential lateral sewer
and water pipes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding two new sections 24-316.1 and 24-531 to read as follows:
3 § 24-316.1 Water lateral pipe repair or replacement. When at least
4 three properties within a radius of seven hundred fifty feet have been
5 issued a three-day notice to repair a damaged residential lateral water
6 pipe pursuant to subdivision (p) of section 20-02 of title 15 of the
7 rules of the city of New York within a six-month period, and, after
8 investigation by the department of environmental protection of the city
9 of New York and an opportunity to submit evidence to such department, in
10 accordance with rules promulgated by such department, by any applicable
11 public utility company, as defined in section two of the public service
12 law, such department concludes, based on substantial evidence, that the
13 infrastructure, electric current or other activity of any such public
14 utility company was a cause of significant damage to such residential
15 lateral water pipe, such public utility company shall be responsible for
16 the repair or replacement of such pipe. In any investigation by the
17 department of environmental protection pursuant to this section, the
18 applicable public utility company shall cooperate with such investi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08926-07-9
A. 5254--C 2
1 gation, and comply with any requests by such department relating to such
2 investigation. Any public utility found to have caused significant
3 damage, after an investigation as provided in this section, shall be
4 responsible for all costs associated with such investigation, and
5 payment shall be due for such costs within sixty days after the depart-
6 ment of environmental protection has issued its conclusion.
7 § 24-531 Sewer lateral pipe repair or replacement. When at least
8 three properties within a radius of seven hundred fifty feet have been
9 issued a three-day notice to repair a damaged residential lateral sewer
10 pipe pursuant to subdivision (p) of section 20-02 of title 15 of the
11 rules of the city of New York within a six-month period, and, after
12 investigation by the department of environmental protection of the city
13 of New York and an opportunity to submit evidence to such department, in
14 accordance with rules promulgated by such department, by any applicable
15 public utility company, as defined in section two of the public service
16 law, such department concludes, based on substantial evidence, that the
17 infrastructure, electric current or other activity of any such public
18 utility company was a cause of significant damage for such residential
19 lateral sewer pipe, such public utility company shall be responsible for
20 the repair or replacement of such pipe. In any investigation by the
21 department of environmental protection pursuant to this section, the
22 applicable public utility company shall cooperate with such investi-
23 gation, and comply with any requests by such department relating to such
24 investigation. Any public utility found to have caused significant
25 damage, after an investigation as provided in this section, shall be
26 responsible for all costs associated with such investigation, and
27 payment shall be due for such costs within sixty days after the depart-
28 ment of environmental protection has issued its conclusion.
29 § 2. This act shall take effect immediately.