Bill Text: NY A05254 | 2019-2020 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Vetoed) 2019-12-13 - VETOED MEMO.217 [A05254 Detail]

Download: New_York-2019-A05254-Amended.html

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                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.