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
              

 S. 3337--A                          2
 
   (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-
 NATED FOR PRESENT OR FUTURE USE AS A SOURCE OF WATER SUPPLY FOR DOMESTIC
 OR MUNICIPAL PURPOSES.
   (F)  "PLANT  INTAKE"  MEANS  THE  WORKS OR STRUCTURES AT THE HEAD OF A
 CONDUIT THROUGH WHICH WATER IS DIVERTED FROM A SOURCE  OF  WATER  SUPPLY
 INTO THE TREATMENT PLANT BY A PUBLIC WATER SUPPLIER.
   (G)  "WELL"  MEANS ANY EXCAVATION USED FOR OBTAINING WATER BY A PUBLIC
 WATER SUPPLIER.
   (H) "RAW WATER" MEANS WATER IMMEDIATELY BEFORE THE FIRST OR ONLY POINT
 OF DISINFECTION OR OTHER TREATMENT.
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED  FOURTEEN  OR
 TWO HUNDRED FOURTEEN-C OF THIS ARTICLE, OR ANY OTHER PROVISION OF LAW TO
 THE CONTRARY, AN ACTION TO RECOVER DAMAGES FOR INJURY TO PROPERTY OWNED,
 MANAGED  OR  OPERATED  BY  A  PUBLIC WATER SUPPLIER OR A WHOLESALE WATER
 SUPPLIER RESULTING FROM THE PRESENCE OF A CONTAMINANT  IN  A  SOURCE  OF
 WATER  SUPPLY SHALL BE COMMENCED WITHIN THREE YEARS OF THE LATEST OF ANY
 OF THE FOLLOWING:
   (A) THE DETECTION OF A CONTAMINANT IN THE RAW WATER OF  EACH  WELL  OR
 PLANT  INTAKE SAMPLING POINT IN EXCESS OF ANY NOTIFICATION LEVEL, ACTION
 LEVEL, MAXIMUM CONTAMINANT LEVEL,  OR  MAXIMUM  CONTAMINANT  LEVEL  GOAL
 ESTABLISHED  BY  THE COMMISSIONER OF HEALTH, THE DEPARTMENT OF HEALTH OR
 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THAT CONTAMINANT;
   (B) THE LAST WRONGFUL ACT BY ANY PERSON  WHOSE  CONDUCT  SUBSTANTIALLY
 CONTRIBUTED TO THE PRESENCE OF A CONTAMINANT IN A SOURCE OF WATER SUPPLY
 OR THE RAW WATER OF EACH WELL OR PLANT INTAKE SAMPLING POINT; OR
   (C) THE DATE THE CONTAMINANT IS LAST DETECTED IN THE RAW WATER OF EACH
 WELL OR PLANT INTAKE SAMPLING POINT IN EXCESS OF ANY NOTIFICATION LEVEL,
 ACTION  LEVEL,  MAXIMUM  CONTAMINANT LEVEL, OR MAXIMUM CONTAMINANT LEVEL
 GOAL ESTABLISHED BY THE COMMISSIONER OF HEALTH, THE DEPARTMENT OF HEALTH
 OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  FOR  THAT  CONTAM-
 INANT.
   3.  THIS  THREE-YEAR  PERIOD SHALL APPLY   TO EACH WELL AND EACH PLANT
 INTAKE FOR EACH CONTAMINANT SEPARATELY, AND THE EXPIRATION OF THE THREE-
 YEAR PERIOD AT ONE WELL OR PLANT INTAKE SHALL NOT AFFECT THE  THREE-YEAR
 PERIOD FOR ANOTHER WELL OR PLANT INTAKE.
   4.  NOTHING  IN  THIS  SECTION  SHALL  ABRIDGE OR LIMIT A PUBLIC WATER
 SUPPLIER'S OR A WHOLESALE WATER SUPPLIER'S RIGHT TO BRING AN  ACTION  TO
 ABATE AN IMMINENT THREAT OF CONTAMINATION OF ANY WELL OR PLANT INTAKE OR
 TO RECOVER AS DAMAGES THE COSTS OF SUCH ABATEMENT.
   § 2. This act shall take effect immediately.

                            
 
                     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.
              

                                                            LBD03302-09-9

 S. 3337--B                          2
 
   (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-
 NATED FOR PRESENT OR FUTURE USE AS A SOURCE OF WATER SUPPLY FOR DOMESTIC
 OR MUNICIPAL PURPOSES.
   (F) "PLANT INTAKE" MEANS THE WORKS OR STRUCTURES  AT  THE  HEAD  OF  A
 CONDUIT  THROUGH  WHICH  WATER IS DIVERTED FROM A SOURCE OF WATER SUPPLY
 INTO THE TREATMENT PLANT BY A PUBLIC WATER SUPPLIER.
   (G) "WELL" MEANS ANY EXCAVATION USED FOR OBTAINING WATER BY  A  PUBLIC
 WATER SUPPLIER.
   (H) "RAW WATER" MEANS WATER IMMEDIATELY BEFORE THE FIRST OR ONLY POINT
 OF DISINFECTION OR OTHER TREATMENT.
   2.  NOTWITHSTANDING ANY PROVISION OF ANY OTHER LAW, ANY CIVIL CLAIM OR
 CAUSE OF ACTION BROUGHT BY A PUBLIC WATER SUPPLIER  OR  WHOLESALE  WATER
 SUPPLIER  AGAINST  ANY  PERSON  ALLEGING INTENTIONAL, NEGLIGENT OR OTHER
 WRONGFUL ACTS OR OMISSIONS BY A PERSON TO RECOVER DAMAGES FOR INJURY  TO
 PROPERTY  OWNED,  MANAGED  OR  OPERATED  BY A PUBLIC WATER SUPPLIER OR A
 WHOLESALE WATER SUPPLIER RESULTING FROM THE PRESENCE OF A CONTAMINANT IN
 A SOURCE OF WATER SUPPLY SHALL BE COMMENCED WITHIN THREE  YEARS  OF  THE
 LATEST OF ANY OF THE FOLLOWING:
   (A)  THE  DETECTION  OF A CONTAMINANT IN THE RAW WATER OF EACH WELL OR
 PLANT INTAKE SAMPLING POINT IN EXCESS OF ANY NOTIFICATION LEVEL,  ACTION
 LEVEL,  MAXIMUM  CONTAMINANT  LEVEL,  OR  MAXIMUM CONTAMINANT LEVEL GOAL
 ESTABLISHED BY THE COMMISSIONER OF HEALTH, THE DEPARTMENT OF  HEALTH  OR
 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THAT CONTAMINANT;
   (B)  THE  LAST  WRONGFUL ACT BY ANY PERSON WHOSE CONDUCT SUBSTANTIALLY
 CONTRIBUTED TO THE PRESENCE OF A CONTAMINANT IN A SOURCE OF WATER SUPPLY
 OR THE RAW WATER OF EACH WELL OR PLANT INTAKE SAMPLING POINT; OR
   (C) THE DATE THE CONTAMINANT IS LAST DETECTED IN THE RAW WATER OF EACH
 WELL OR PLANT INTAKE SAMPLING POINT IN EXCESS OF ANY NOTIFICATION LEVEL,
 ACTION LEVEL, MAXIMUM CONTAMINANT LEVEL, OR  MAXIMUM  CONTAMINANT  LEVEL
 GOAL ESTABLISHED BY THE COMMISSIONER OF HEALTH, THE DEPARTMENT OF HEALTH
 OR  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY FOR THAT CONTAM-
 INANT.
   3. THIS THREE-YEAR PERIOD SHALL APPLY   TO EACH WELL  AND  EACH  PLANT
 INTAKE FOR EACH CONTAMINANT SEPARATELY, AND THE EXPIRATION OF THE THREE-
 YEAR  PERIOD AT ONE WELL OR PLANT INTAKE SHALL NOT AFFECT THE THREE-YEAR
 PERIOD FOR ANOTHER WELL OR PLANT INTAKE.
   4. NOTHING IN THIS SECTION SHALL  ABRIDGE  OR  LIMIT  A  PUBLIC  WATER
 SUPPLIER'S  OR  A WHOLESALE WATER SUPPLIER'S RIGHT TO BRING AN ACTION TO
 ABATE AN IMMINENT THREAT OF CONTAMINATION OF ANY WELL OR PLANT INTAKE OR
 TO RECOVER AS DAMAGES THE COSTS OF SUCH ABATEMENT.
   § 2. This act shall take effect immediately.

                            
 
                     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
              

                       [ ] is old law to be omitted.
                                                            LBD03302-14-9

 S. 3337--C                          2
 
 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  OTHER
 SOURCE  FROM  WHICH WATER   IS TAKEN EITHER PERIODICALLY OR CONTINUOUSLY
 FOR DRINKING, KITCHEN, COOKING OR FOOD-PROCESSING PURPOSES, OR WHICH HAS
 BEEN DESIGNATED FOR PRESENT OR FUTURE USE AS A SOURCE  OF  WATER  SUPPLY
 FOR DOMESTIC OR MUNICIPAL PURPOSES.
   (F)  "PLANT  INTAKE"  MEANS  THE  WORKS OR STRUCTURES AT THE HEAD OF A
 CONDUIT THROUGH WHICH WATER IS DIVERTED FROM A SOURCE  OF  WATER  SUPPLY
 INTO THE TREATMENT PLANT BY A PUBLIC WATER SUPPLIER.
   (G)  "WELL"  MEANS ANY EXCAVATION USED FOR OBTAINING WATER BY A PUBLIC
 WATER SUPPLIER.
   (H) "RAW WATER" MEANS WATER IMMEDIATELY BEFORE THE FIRST OR ONLY POINT
 OF DISINFECTION OR OTHER TREATMENT.
   2. NOTWITHSTANDING ANY OTHER LAW THAT PROVIDES FOR A  SHORTER  LIMITA-
 TIONS  PERIOD,  ANY  CIVIL  CLAIM OR CAUSE OF ACTION BROUGHT BY A PUBLIC
 WATER SUPPLIER OR WHOLESALE WATER SUPPLIER AGAINST ANY PERSON TO RECOVER
 DAMAGES FOR INJURY TO PROPERTY OWNED, MANAGED OR OPERATED  BY  A  PUBLIC
 WATER SUPPLIER OR A WHOLESALE WATER SUPPLIER RESULTING FROM THE PRESENCE
 OF  A  CONTAMINANT IN A SOURCE OF WATER SUPPLY SHALL BE COMMENCED WITHIN
 THREE YEARS OF THE LATEST OF ANY OF THE FOLLOWING:
   (A) THE DETECTION OF A CONTAMINANT IN THE RAW WATER OF  EACH  WELL  OR
 PLANT  INTAKE SAMPLING POINT IN EXCESS OF ANY NOTIFICATION LEVEL, ACTION
 LEVEL, MAXIMUM CONTAMINANT LEVEL,  OR  MAXIMUM  CONTAMINANT  LEVEL  GOAL
 ESTABLISHED  BY  THE COMMISSIONER OF HEALTH, THE DEPARTMENT OF HEALTH OR
 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THAT CONTAMINANT;
   (B) THE LAST WRONGFUL ACT BY ANY PERSON WHOSE CONDUCT  CONTRIBUTED  TO
 THE  PRESENCE  OF  A  CONTAMINANT IN A SOURCE OF WATER SUPPLY OR THE RAW
 WATER OF EACH WELL OR PLANT INTAKE SAMPLING POINT; OR
   (C) THE DATE THE CONTAMINANT IS LAST DETECTED IN THE RAW WATER OF EACH
 WELL OR PLANT INTAKE SAMPLING POINT IN EXCESS OF ANY NOTIFICATION LEVEL,
 ACTION LEVEL, MAXIMUM CONTAMINANT LEVEL, OR  MAXIMUM  CONTAMINANT  LEVEL
 GOAL ESTABLISHED BY THE COMMISSIONER OF HEALTH, THE DEPARTMENT OF HEALTH
 OR  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY FOR THAT CONTAM-
 INANT.
   3. THIS THREE-YEAR PERIOD SHALL APPLY   TO EACH WELL  AND  EACH  PLANT
 INTAKE FOR EACH CONTAMINANT SEPARATELY, AND THE EXPIRATION OF THE THREE-
 YEAR  PERIOD AT ONE WELL OR PLANT INTAKE SHALL NOT AFFECT THE THREE-YEAR
 PERIOD FOR ANOTHER WELL OR PLANT INTAKE.
   4. NOTHING IN THIS SECTION SHALL  ABRIDGE  OR  LIMIT  A  PUBLIC  WATER
 SUPPLIER'S  OR  A WHOLESALE WATER SUPPLIER'S RIGHT TO BRING AN ACTION TO
 ABATE AN IMMINENT THREAT OF CONTAMINATION OF ANY WELL OR PLANT INTAKE OR
 TO RECOVER AS DAMAGES THE COSTS OF SUCH ABATEMENT.
   § 2. This act shall take effect immediately.