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A08523 Summary:

A08523 Actions:

A08523 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:01/17/2024AYE/NAY:23/0  Action: Favorable         
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Byrnes
Aye
Gunther
Aye
Gandolfo
Aye
Rosenthal
Aye
Mikulin
Aye
Hevesi
Excused
Blumencranz
Aye
Steck
Aye
Bendett
Aye
Braunstein
Aye
Gray
Aye
Solages
Aye
McGowan
Aye
Bichotte Hermel
Aye
Sayegh
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Excused
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Aye

A08523 Floor Votes:

A08523 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8523
 
                   IN ASSEMBLY
 
                                     January 5, 2024
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN  ACT  to  amend  the public health law, in relation to information on
          service lines to be reported by public water systems
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  1114-b  of  the public health law, as added by a
     2  chapter of the laws of 2023 amending the public health law  relating  to
     3  enacting  the  lead  pipe  right to know act, as proposed in legislative
     4  bills numbers S. 5512 and A. 6115, is amended to read as follows:
     5    § 1114-b. Service line inventories and mapping. 1. Definitions.    For
     6  the purposes of this section:
     7    (a)  "Service  line"  means  any  piping  connecting a water main to a
     8  building inlet.
     9    (b) "Gooseneck, pigtail,  or  connector"  means  a  short  section  of
    10  piping, typically not exceeding two feet, which can be bent and used for
    11  connections  between  rigid portions of a service line, as defined in 40
    12  CFR 141.2.
    13    (c) "Galvanized service line" means iron or steel piping that has been
    14  dipped in zinc to prevent corrosion and rusting.
    15    (d) "Covered public water system" means (i) a public water system that
    16  serves at least [five] fifteen service connections  used  by  year-round
    17  residents or regularly serves at least twenty-five year-round residents;
    18  or (ii) a public water system that regularly serves at least twenty-five
    19  of  the  same  people, four hours or more per day, for four or more days
    20  per week, for twenty-six or more weeks per year.
    21    2. Each covered public water system shall submit a service line inven-
    22  tory, in a format to be developed by the department, that identifies the
    23  location, material composition, and other details of all  service  lines
    24  connected  to  its distribution system. Each covered public water system
    25  shall also submit an inventory summary form, in a format to be developed
    26  by the department, summarizing the data identified in the  service  line
    27  inventory.  [The]  Notwithstanding  subdivisions  three and four of this
    28  section, the development  of  service  line  inventories  and  inventory
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08102-03-4
        A. 8523                             2
 
     1  summary  forms  shall comply with requirements promulgated by the United
     2  States environmental protection agency  [as  well  as  comply  with  the
     3  provisions of this section].
     4    3.  Each  service  line  [connected to a covered public water system's
     5  distribution system] shall be listed in service line  inventories.  Each
     6  covered  public  water  system  shall  include for each service line the
     7  information listed in this subdivision. [For some categories,  the]  The
     8  covered public water system may mark "unknown" where documented evidence
     9  is not currently available:
    10    (a) street address;
    11    (b) town;
    12    (c) zip code;
    13    (d)  if known, whether a gooseneck, pigtail, or connector made of lead
    14  is present;
    15    (e) if known, the material composition of both the public portion  and
    16  customer portion of the service line;
    17    (f)  if  known,  whether the public portion or customer portion of the
    18  service line was ever made of lead;
    19    (g) the verification method used to determine the material composition
    20  of both the public portion and customer portion of the service line;
    21    (h) if known, the installation or replacement date of both the  public
    22  portion and customer portion of the service line;
    23    (i)  if  known,  the  diameter of both the public portion and customer
    24  portion of the service line;
    25    (j) if known, whether lead solder is present;
    26    (k) if known, the building type; and
    27    (l) if known, whether a point of  use  or  point  of  entry  treatment
    28  system is present.
    29    4.  Inventory  summary forms shall include, but not be limited to, the
    30  following information about each covered water system:
    31    (a) water system name and identification number;
    32    (b) contact information for the owner or licensed operator  of  record
    33  completing the form;
    34    (c) the total number of service lines in the distribution system;
    35    (d) the total number of lead service lines, including the total number
    36  of  lead  public  service  line  portions  and  the total number of lead
    37  customer service line portions;
    38    (e) the total number of galvanized service lines requiring replacement
    39  as defined in 40 CFR 141.84, including the total  number  of  galvanized
    40  public  service line portions requiring replacement and the total number
    41  of galvanized customer service line portions requiring replacement;
    42    (f) the total number of non-lead service lines,  including  the  total
    43  number  of non-lead public service line portions and the total number of
    44  non-lead customer service line portions;
    45    (g) the total number of service lines of unknown  material,  including
    46  the  total  number of unknown public service line portions and the total
    47  number of unknown customer service line portions;
    48    (h) the total number of public service  line  portions  identified  by
    49  historical  records,  field  inspections,  customer  identification with
    50  photo or other  verification,  excavation,  sequential  sampling,  [and]
    51  statistical  analysis/predictive modeling, or other method determined by
    52  the covered public water system  to  accurately  identify  service  line
    53  materials;
    54    (i)  the  total  number  of  customer  service  portions identified by
    55  historical records,  field  inspections,  customer  identification  with
    56  photo  or  other  verification,  excavation,  sequential  sampling,  and
        A. 8523                             3
 
     1  statistical analysis/predictive modeling, or other method determined  by
     2  the  covered  public  water  system  to accurately identify service line
     3  materials;
     4    (j) a description of how the service line inventory will be accessible
     5  to the public; and
     6    (k) a certification verifying the accuracy of the information.
     7    5. Each covered public water system shall electronically submit to the
     8  department  an  initial  service line inventory and an initial inventory
     9  summary form no later than October sixteenth, two thousand  twenty-four.
    10  The department may prescribe data management means and methods for elec-
    11  tronic  submissions  by  covered  public  water  systems  for uniformity
    12  purposes.
    13    6. Covered public water systems whose inventories contain any  service
    14  lines classified as lead, galvanized requiring replacement as defined in
    15  40  CFR  141.84,  or unknown shall electronically submit updated service
    16  line inventories and inventory summary forms to the department at  least
    17  annually.  Updated  service line inventories and inventory summary forms
    18  shall reflect information gathered during any service line  replacements
    19  or  service  line  material  inspections  that  may have been conducted.
    20  Updated inventory summary forms shall additionally include:
    21    (a) a description detailing the steps being  taken  to  determine  the
    22  material composition of unknown service lines;
    23    (b)  the  total number of service lines classified as lead, galvanized
    24  requiring replacement, or unknown that were replaced over the course  of
    25  the previous year; and
    26    (c)  the total number of service lines classified as unknown that were
    27  determined to be lead, galvanized requiring replacement, or other  mate-
    28  rial over the course of the previous year.
    29    7.  Each  covered  public  water system which operates its own website
    30  shall make its most recent service line inventory and inventory  summary
    31  form available to the public on its website.
    32    8.  No  later  than  [thirty]  one hundred twenty days after receiving
    33  initial and updated  service  line  inventories  and  inventory  summary
    34  forms,  the department shall make such inventories and inventory summary
    35  forms available to the public [on]  through  the  department's  website.
    36  Each  local health department shall include a link on its website to the
    37  website [operated] maintained by the department for hosting service line
    38  inventories and inventory summary forms.
    39    9. No later than [three hundred sixty days after]  October  sixteenth,
    40  two  thousand  [twenty-four]  twenty-six,  the department shall make the
    41  information from the service line inventories of  covered  public  water
    42  systems serving more than ten thousand people and fewer than two million
    43  people  available  to the public on the department's website in the form
    44  of an interactive map or  maps.  Such  interactive  map  or  maps  shall
    45  include, for each service line:
    46    (a)  material classification, including the material classification of
    47  both the public and customer portions of a service line;
    48    (b) street address; and
    49    (c) the verification method for the service line classification.
    50    10. The department's interactive map or maps shall  be  searchable  by
    51  address,  and color-coded where applicable to designate material classi-
    52  fication. The department's interactive map or maps shall be  updated  at
    53  least  annually,  in  conjunction with the submission of updated service
    54  line inventories by covered public water  systems.  The  department  may
    55  choose  not  to  create  an  interactive map when a covered public water
    56  system certifies that it maintains and updates its own interactive  map,
        A. 8523                             4
 
     1  and  shall  include  a  link to such interactive map on the department's
     2  website.
     3    11.  The department shall adopt such rules and regulations as it deems
     4  necessary and proper to implement the provisions of this section.
     5    § 2. This act shall take effect on the  same  date  and  in  the  same
     6  manner  as  a chapter of the laws of 2023 amending the public health law
     7  relating to enacting the lead pipe right to know  act,  as  proposed  in
     8  legislative bills numbers S. 5512 and A. 6115, takes effect.