Bill Text: NY S06730 | 2019-2020 | General Assembly | Introduced


Bill Title: Makes the opportunity to receive basic utility service, clean air and clean water a civil right.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06730 Detail]

Download: New_York-2019-S06730-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6730

                               2019-2020 Regular Sessions

                    IN SENATE

                                   September 18, 2019
                                       ___________

        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the executive law, the public service law and the gener-
          al municipal law, in relation to making  the  opportunity  to  receive
          basic utility service, clean air and clean water a civil right

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 291 of the executive law is amended by adding a new
     2  subdivision 4 to read as follows:
     3    4. The opportunity to obtain basic  utility  service,  clean  air  and
     4  clean  water, without discrimination because of age, race, creed, color,
     5  national origin, sexual  orientation,  gender  identity  or  expression,
     6  military  status,  sex,  marital  status, or disability, as specified in
     7  section two hundred ninety-six of this article, is hereby recognized  as
     8  and declared to be a civil right.
     9    §  2. The public service is amended by adding a new section 28 to read
    10  as follows:
    11    § 28. Liability for loss or damage caused by failure to provide  basic
    12  utility  service. Any gas, electric or steam corporation or municipality
    13  that fails to provide basic utility service as set forth in  subdivision
    14  four  of  section  two  hundred ninety-one of the executive law shall be
    15  liable to any person affected by such failure for all  loss,  damage  or
    16  injury  caused  thereby or resulting therefrom and where the court finds
    17  that such failure to provide such service is willful,  it  may,  in  its
    18  discretion,  fix  a  reasonable  counsel or attorneys' fee. An action to
    19  recover for such loss, damage or injury may be brought in any  court  of
    20  competent jurisdiction by any such person.
    21    § 3. The general municipal law is amended by adding a new section 99-x
    22  to read as follows:
    23    §  99-x.  Liability  for  loss  or damage caused by failure to provide
    24  water.  Any county, city, town or village that provides water to persons

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13802-01-9

        S. 6730                             2

     1  residing within this state that fails to  provide  clean  water  as  set
     2  forth in subdivision four of section two hundred ninety-one of the exec-
     3  utive law shall be liable to any person affected by such failure for all
     4  loss,  damage  or injury caused thereby or resulting therefrom and where
     5  the court finds that such failure to provide such service is willful, it
     6  may, in its discretion, fix a reasonable counsel or attorneys'  fee.  An
     7  action  to recover for such loss, damage or injury may be brought in any
     8  court of competent jurisdiction by any such person.
     9    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    10  have become a law.
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