Senate Bill S3337C

Signed By Governor
2019-2020 Legislative Session

Relates to the statute of limitations for public water suppliers to commence an action for injury to property

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2019-S3337 - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-S3337 - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-S3337 - Sponsor Memo

2019-S3337 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3337
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced by Sens. GAUGHRAN, LAVALLE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   statute of limitations for public water suppliers and wholesale  water
   suppliers to commence an action for injury to property

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-g to read as follows:
   § 214-G. ACTION TO RECOVER DAMAGES FOR INJURY TO  PROPERTY  BY  PUBLIC
 WATER SUPPLIER. 1. IN THIS SECTION:
   (A)  "CONTAMINANT"  MEANS  ANY  PHYSICAL, CHEMICAL, MICROBIOLOGICAL OR
 RADIOLOGICAL SUBSTANCE OR MATTER IN WATER AND INCLUDES BUT IS NOT LIMIT-
 ED TO AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN  HUNDRED
 TWELVE OF THE PUBLIC HEALTH LAW.
   (B)  "PERSON"  MEANS  AN  INDIVIDUAL, CORPORATION, PUBLIC CORPORATION,
 COMPANY, ASSOCIATION, PARTNERSHIP, OR ENTITY OF  THE  STATE  OR  FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES A COMMUNITY, NONCOMMUNITY OR NONTRANSIENT NONCOMMUNITY WATER SYSTEM
 THAT PROVIDES WATER TO THE PUBLIC FOR HUMAN CONSUMPTION THROUGH PIPES OR
 OTHER  CONSTRUCTED CONVEYANCES, IF SUCH SYSTEM HAS AT LEAST FIVE SERVICE
 CONNECTIONS OR REGULARLY SERVES AN AVERAGE OF AT LEAST TWENTY-FIVE INDI-
 VIDUALS DAILY AT LEAST SIXTY DAYS OUT OF THE YEAR.
   (D) "WHOLESALE WATER SUPPLIER" MEANS A PERSON THAT  OWNS,  MANAGES  OR
 OPERATES  A  PUBLIC WATER SYSTEM THAT TREATS A SOURCE OF WATER SUPPLY AS
 NECESSARY TO PRODUCE FINISHED WATER AND THEN DELIVERS  SOME  OR  ALL  OF
 THAT FINISHED WATER TO A PUBLIC WATER SUPPLIER.
   (E)  "SOURCE OF WATER SUPPLY" MEANS ANY GROUNDWATER AQUIFER OR WATERC-
 OURSE FROM WHICH WATER  IS TAKEN EITHER PERIODICALLY OR CONTINUOUSLY FOR
 DRINKING, CULINARY OR FOOD-PROCESSING PURPOSES, OR WHICH HAS BEEN DESIG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S3337A - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-S3337A - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-S3337A - Sponsor Memo

2019-S3337A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3337--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by Sens. GAUGHRAN, LAVALLE, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   statute  of limitations for public water suppliers and wholesale water
   suppliers to commence an action for injury to property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-h to read as follows:
   §  214-H.  ACTION  TO RECOVER DAMAGES FOR INJURY TO PROPERTY BY PUBLIC
 WATER SUPPLIER. 1. IN THIS SECTION:
   (A) "CONTAMINANT" MEANS ANY  PHYSICAL,  CHEMICAL,  MICROBIOLOGICAL  OR
 RADIOLOGICAL SUBSTANCE OR MATTER IN WATER AND INCLUDES BUT IS NOT LIMIT-
 ED  TO AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN HUNDRED
 TWELVE OF THE PUBLIC HEALTH LAW.
   (B) "PERSON" MEANS AN  INDIVIDUAL,  CORPORATION,  PUBLIC  CORPORATION,
 COMPANY,  ASSOCIATION,  PARTNERSHIP,  OR  ENTITY OF THE STATE OR FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES A COMMUNITY, NONCOMMUNITY OR NONTRANSIENT NONCOMMUNITY WATER SYSTEM
 THAT PROVIDES WATER TO THE PUBLIC FOR HUMAN CONSUMPTION THROUGH PIPES OR
 OTHER CONSTRUCTED CONVEYANCES, IF SUCH SYSTEM HAS AT LEAST FIVE  SERVICE
 CONNECTIONS OR REGULARLY SERVES AN AVERAGE OF AT LEAST TWENTY-FIVE INDI-
 VIDUALS DAILY AT LEAST SIXTY DAYS OUT OF THE YEAR.
   (D)  "WHOLESALE  WATER  SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR
 OPERATES A PUBLIC WATER SYSTEM THAT TREATS A SOURCE OF WATER  SUPPLY  AS
 NECESSARY  TO  PRODUCE  FINISHED  WATER AND THEN DELIVERS SOME OR ALL OF
 THAT FINISHED WATER TO A PUBLIC WATER SUPPLIER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03302-03-9

co-Sponsors

2019-S3337B - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-S3337B - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-S3337B - Sponsor Memo

2019-S3337B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3337--B
     Cal. No. 305
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens.  GAUGHRAN,  LAVALLE,  BROOKS,  HOYLMAN,  KAMINSKY,
   KAPLAN, METZGER, SKOUFIS, THOMAS -- read twice  and  ordered  printed,
   and  when  printed  to  be  committed to the Committee on Judiciary --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   statute  of limitations for public water suppliers and wholesale water
   suppliers to commence an action for injury to property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-h to read as follows:
   §  214-H. CERTAIN ACTIONS BY PUBLIC WATER SUPPLIERS TO RECOVER DAMAGES
 FOR INJURY TO PROPERTY. 1. IN THIS SECTION:
   (A) "CONTAMINANT" MEANS ANY  PHYSICAL,  CHEMICAL,  MICROBIOLOGICAL  OR
 RADIOLOGICAL SUBSTANCE OR MATTER IN WATER AND INCLUDES BUT IS NOT LIMIT-
 ED  TO AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN HUNDRED
 TWELVE OF THE PUBLIC HEALTH LAW.
   (B) "PERSON" MEANS AN  INDIVIDUAL,  CORPORATION,  PUBLIC  CORPORATION,
 COMPANY,  ASSOCIATION,  PARTNERSHIP,  OR  ENTITY OF THE STATE OR FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES A COMMUNITY, NONCOMMUNITY OR NONTRANSIENT NONCOMMUNITY WATER SYSTEM
 THAT PROVIDES WATER TO THE PUBLIC FOR HUMAN CONSUMPTION THROUGH PIPES OR
 OTHER CONSTRUCTED CONVEYANCES, IF SUCH SYSTEM HAS AT LEAST FIVE  SERVICE
 CONNECTIONS OR REGULARLY SERVES AN AVERAGE OF AT LEAST TWENTY-FIVE INDI-
 VIDUALS DAILY AT LEAST SIXTY DAYS OUT OF THE YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S3337C (ACTIVE) - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-S3337C (ACTIVE) - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-S3337C (ACTIVE) - Sponsor Memo

2019-S3337C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3337--C
     Cal. No. 305
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced by Sens. GAUGHRAN, LAVALLE, BROOKS, HARCKHAM, HOYLMAN, KAMIN-
   SKY,  KAPLAN,  METZGER,  SERRANO,  SKOUFIS,  THOMAS  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- passed by Senate and delivered to the Assem-
   bly, recalled, vote reconsidered, restored to third  reading,  amended
   and ordered reprinted, retaining its place in the order of third read-
   ing
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   statute of limitations for public water suppliers and wholesale  water
   suppliers to commence an action for injury to property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-h to read as follows:
   § 214-H. CERTAIN ACTIONS BY PUBLIC WATER SUPPLIERS TO RECOVER  DAMAGES
 FOR INJURY TO PROPERTY. 1. IN THIS SECTION:
   (A)  "CONTAMINANT"  MEANS ANY PHYSICAL, CHEMICAL, BIOLOGICAL OR RADIO-
 LOGICAL SUBSTANCE OR MATTER IN WATER AND INCLUDES BUT IS NOT LIMITED  TO
 AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN HUNDRED TWELVE
 OF THE PUBLIC HEALTH LAW.
   (B)  "PERSON"  MEANS  AN  INDIVIDUAL, CORPORATION, PUBLIC CORPORATION,
 COMPANY, ASSOCIATION, PARTNERSHIP, OR ENTITY OF  THE  STATE  OR  FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES A COMMUNITY, NONCOMMUNITY OR NONTRANSIENT NONCOMMUNITY WATER SYSTEM
 THAT PROVIDES WATER TO THE PUBLIC FOR HUMAN CONSUMPTION THROUGH PIPES OR
 OTHER  CONSTRUCTED CONVEYANCES, IF SUCH SYSTEM HAS AT LEAST FIVE SERVICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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