Bill Text: NY A06100 | 2023-2024 | General Assembly | Amended


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 3-0)

Status: (Introduced) 2023-06-08 - substituted by s1398 [A06100 Detail]

Download: New_York-2023-A06100-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6100--A
                                                                Cal. No. 174

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on  Cities  --  ordered  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 24-534 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-
    19  gation, and comply with any requests by such department relating to such
    20  investigation.  Any  public  utility  found  to  have caused significant
    21  damage, after an investigation as provided in  this  section,  shall  be
    22  responsible  for  all  costs  associated  with  such  investigation, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02968-04-4

        A. 6100--A                          2

     1  payment shall be due for such costs within sixty days after the  depart-
     2  ment of environmental protection has issued its conclusion.
     3    §  24-534  Sewer  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 sewer
     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 for such residential
    15  lateral sewer 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-
    19  gation, and comply with any requests by such department relating to such
    20  investigation.  Any  public  utility  found  to  have caused significant
    21  damage, after an investigation as provided in  this  section,  shall  be
    22  responsible  for  all  costs  associated  with  such  investigation, and
    23  payment shall be due for such costs within sixty days after the  depart-
    24  ment of environmental protection has issued its conclusion.
    25    § 2. This act shall take effect immediately.
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