Bill Text: NY S01398 | 2023-2024 | General Assembly | Introduced
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 4-0)
Status: (Engrossed) 2024-03-25 - referred to cities [S01398 Detail]
Download: New_York-2023-S01398-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1398 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sens. LIU, ADDABBO, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 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 24-532 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 23 payment shall be due for such costs within sixty days after the depart- 24 ment of environmental protection has issued its conclusion. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02968-01-3S. 1398 2 1 § 24-532 Sewer lateral pipe repair or replacement. When at least 2 three properties within a radius of seven hundred fifty feet have been 3 issued a three-day notice to repair a damaged residential lateral sewer 4 pipe pursuant to subdivision (p) of section 20-02 of title 15 of the 5 rules of the city of New York within a six-month period, and, after 6 investigation by the department of environmental protection of the city 7 of New York and an opportunity to submit evidence to such department, in 8 accordance with rules promulgated by such department, by any applicable 9 public utility company, as defined in section two of the public service 10 law, such department concludes, based on substantial evidence, that the 11 infrastructure, electric current or other activity of any such public 12 utility company was a cause of significant damage for such residential 13 lateral sewer pipe, such public utility company shall be responsible for 14 the repair or replacement of such pipe. In any investigation by the 15 department of environmental protection pursuant to this section, the 16 applicable public utility company shall cooperate with such investi- 17 gation, and comply with any requests by such department relating to such 18 investigation. Any public utility found to have caused significant 19 damage, after an investigation as provided in this section, shall be 20 responsible for all costs associated with such investigation, and 21 payment shall be due for such costs within sixty days after the depart- 22 ment of environmental protection has issued its conclusion. 23 § 2. This act shall take effect immediately.
