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S05512 Summary:

S05512 Actions:

S05512 Committee Votes:

S05512 Floor Votes:

S05512 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5512
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      March 6, 2023
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law, in relation to enacting the  lead
          pipe right to know act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "lead pipe right to know act".
     3    §  2.  The public health law is amended by adding a new section 1114-b
     4  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.
    12    (c) "Galvanized service line" means iron or steel piping that has been
    13  dipped in zinc to prevent corrosion and rusting.
    14    (d) "Covered public water system" means (i) a public water system that
    15  serves at least five service connections used by year-round residents or
    16  regularly  serves  at  least twenty-five year-round residents; or (ii) a
    17  public water system that regularly serves at least  twenty-five  of  the
    18  same people, four hours or more per day, for four or more days per week,
    19  for twenty-six or more weeks per year.
    20    2. Each covered public water system shall submit a service line inven-
    21  tory, in a format to be developed by the department, that identifies the
    22  location,  material  composition, and other details of all service lines
    23  connected to its distribution system. Each covered public  water  system
    24  shall also submit an inventory summary form, in a format to be developed
    25  by  the  department, summarizing the data identified in the service line
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08102-02-3
        S. 5512                             2
 
     1  inventory. The development of service  line  inventories  and  inventory
     2  summary  forms  shall comply with requirements promulgated by the United
     3  States environmental protection  agency  as  well  as  comply  with  the
     4  provisions of this section.
     5    3.  Each  service  line  connected  to a covered public water system's
     6  distribution system shall be listed in service  line  inventories.  Each
     7  covered  public  water  system  shall  include for each service line the
     8  information listed in this subdivision. For some categories, the covered
     9  public water system may mark "unknown" where documented evidence is  not
    10  currently available:
    11    (a) street address;
    12    (b) town;
    13    (c) zip code;
    14    (d)  whether  a gooseneck, pigtail, or connector made of lead is pres-
    15  ent;
    16    (e) the material composition of both the public portion  and  customer
    17  portion of the service line;
    18    (f) whether the public portion or customer portion of the service line
    19  was ever made of lead;
    20    (g) the verification method used to determine the material composition
    21  of both the public portion and customer portion of the service line;
    22    (h)  the  installation  or replacement date of both the public portion
    23  and customer portion of the service line;
    24    (i) the diameter of both the public portion and  customer  portion  of
    25  the service line;
    26    (j) whether lead solder is present;
    27    (k) the building type; and
    28    (l) whether a point of use or point of entry treatment system is pres-
    29  ent.
    30    4.  Inventory  summary forms shall include, but not be limited to, the
    31  following information about each covered water system:
    32    (a) water system name and identification number;
    33    (b) contact information for the owner or licensed operator  of  record
    34  completing the form;
    35    (c) the total number of service lines in the distribution system;
    36    (d) the total number of lead service lines, including the total number
    37  of  lead  public  service  line  portions  and  the total number of lead
    38  customer service line portions;
    39    (e) the total number of galvanized service  lines  requiring  replace-
    40  ment,  including  the  total  number  of  galvanized public service line
    41  portions and the  total  number  of  galvanized  customer  service  line
    42  portions;
    43    (f)  the  total  number of non-lead service lines, including the total
    44  number of non-lead public service line portions and the total number  of
    45  non-lead customer service line portions;
    46    (g)  the  total number of service lines of unknown material, including
    47  the total number of unknown public service line portions and  the  total
    48  number of unknown customer service line portions;
    49    (h)  the  total  number  of public service line portions identified by
    50  historical records,  field  inspections,  customer  identification  with
    51  photo  or  other  verification,  excavation,  sequential  sampling,  and
    52  statistical analysis/predictive modeling;
    53    (i) the total  number  of  customer  service  portions  identified  by
    54  historical  records,  field  inspections,  customer  identification with
    55  photo  or  other  verification,  excavation,  sequential  sampling,  and
    56  statistical analysis/predictive modeling;
        S. 5512                             3
 
     1    (j) a description of how the service line inventory will be accessible
     2  to the public; and
     3    (k) a certification verifying the accuracy of the information.
     4    5. Each covered public water system shall electronically submit to the
     5  department  an  initial  service line inventory and an initial inventory
     6  summary form no later than October sixteenth, two thousand  twenty-four.
     7  The department may prescribe data management means and methods for elec-
     8  tronic  submissions  by  covered  public  water  systems  for uniformity
     9  purposes.
    10    6. Covered public water systems whose inventories contain any  service
    11  lines  classified  as  lead, galvanized, or unknown shall electronically
    12  submit updated service line inventories and inventory summary  forms  to
    13  the  department  at least annually. Updated service line inventories and
    14  inventory summary forms shall reflect information  gathered  during  any
    15  service  line replacements or service line material inspections that may
    16  have been conducted. Updated inventory summary forms shall  additionally
    17  include:
    18    (a)  a  description  detailing  the steps being taken to determine the
    19  material composition of unknown service lines;
    20    (b) the total number of service lines classified as lead,  galvanized,
    21  or unknown that were replaced over the course of the previous year; and
    22    (c)  the total number of service lines classified as unknown that were
    23  determined to be lead, galvanized, or other material over the course  of
    24  the previous year.
    25    7.  Each  covered  public  water system which operates its own website
    26  shall make its most recent service line inventory and inventory  summary
    27  form available to the public on its website.
    28    8.  No  later  than  thirty  days  after receiving initial and updated
    29  service line inventories and inventory  summary  forms,  the  department
    30  shall make such inventories and inventory summary forms available to the
    31  public  on  the department's website. Each local health department shall
    32  include a link on its website to the website operated by the  department
    33  for hosting service line inventories and inventory summary forms.
    34    9. No later than three hundred sixty days after October sixteenth, two
    35  thousand twenty-four, the department shall make the information from the
    36  service  line  inventories  of covered public water systems serving more
    37  than ten thousand people available to the  public  on  the  department's
    38  website  in the form of an interactive map or maps. Such interactive map
    39  or maps shall include, for each service line:
    40    (a) material classification, including the material classification  of
    41  both the public and customer portions of a service line;
    42    (b) street address; and
    43    (c) the verification method for the service line classification.
    44    10.  The  department's  interactive map or maps shall be searchable by
    45  address, and color-coded where applicable to designate material  classi-
    46  fication.  The  department's interactive map or maps shall be updated at
    47  least annually, in conjunction with the submission  of  updated  service
    48  line  inventories  by  covered  public water systems. The department may
    49  choose not to create an interactive map  when  a  covered  public  water
    50  system certifies that it maintains and updates its own interactive map.
    51    11.  The department shall adopt such rules and regulations as it deems
    52  necessary and proper to implement the provisions of this section.
    53    § 3. This act shall take effect immediately.