New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S04118 Summary:

S04118 Actions:

S04118 Committee Votes:

S04118 Floor Votes:

S04118 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4118--C
            Cal. No. 861
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 28, 2019
                                       ___________
 
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Cities  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  reported  favorably  from  said committee and
          committed to the Committee on Finance --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported favorably from said committee, ordered  to  first  and
          second  report,  ordered  to  a  third  reading,  amended  and ordered
          reprinted, retaining its place in 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08926-06-9
        S. 4118--C                          2
 
     1  applicable public utility company shall  cooperate  with  such  investi-
     2  gation, and comply with any requests by such department relating to such
     3  investigation.  Any  public  utility  found  to  have caused significant
     4  damage,  after  an  investigation  as provided in this section, shall be
     5  responsible for  all  costs  associated  with  such  investigation,  and
     6  payment  shall be due for such costs within sixty days after the depart-
     7  ment of environmental protection has issued its conclusion.
     8    § 24-531 Sewer lateral pipe repair or  replacement.    When  at  least
     9  three  properties  within a radius of seven hundred fifty feet have been
    10  issued a three-day notice to repair a damaged residential lateral  sewer
    11  pipe  pursuant  to  subdivision  (p) of section 20-02 of title 15 of the
    12  rules of the city of New York within  a  six-month  period,  and,  after
    13  investigation  by the department of environmental protection of the city
    14  of New York and an opportunity to submit evidence to such department, in
    15  accordance with rules promulgated by such department, by any  applicable
    16  public  utility company, as defined in section two of the public service
    17  law, such department concludes, based on substantial evidence, that  the
    18  infrastructure,  electric  current  or other activity of any such public
    19  utility company was a cause of significant damage for  such  residential
    20  lateral sewer pipe, such public utility company shall be responsible for
    21  the  repair  or  replacement  of  such pipe. In any investigation by the
    22  department of environmental protection pursuant  to  this  section,  the
    23  applicable  public  utility  company  shall cooperate with such investi-
    24  gation, and comply with any requests by such department relating to such
    25  investigation. Any public  utility  found  to  have  caused  significant
    26  damage,  after  an  investigation  as provided in this section, shall be
    27  responsible for  all  costs  associated  with  such  investigation,  and
    28  payment  shall be due for such costs within sixty days after the depart-
    29  ment of environmental protection has issued its conclusion.
    30    § 2. This act shall take effect immediately.