S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    565
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the executive law, in relation to standards for fire
   hydrant systems; and providing for the repeal  of  certain  provisions
   upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by  adding  two
 new subdivisions 19 and 20 to read as follows:
   19. A. STANDARDS FOR FIRE HYDRANT SYSTEMS SHALL REQUIRE:
   (I)  PERIODIC  TESTS  AS  REQUIRED  BY  THE CODE ENFORCEMENT OFFICIAL,
 PROVIDED THAT EACH HYDRANT BE TESTED FOR PROPER FUNCTIONALITY A  MINIMUM
 OF ONCE PER YEAR; AND
   (II)  RECORDS  OF  INSPECTIONS PERFORMED ON EACH HYDRANT BE MAINTAINED
 FOR A PERIOD OF AT LEAST FIVE YEARS BY THE LOCAL  AUTHORITY  RESPONSIBLE
 FOR CONDUCTING SUCH INSPECTIONS.
   B.  FOR  THE  PURPOSES OF THIS SECTION, A FIRE HYDRANT SYSTEM SHALL BE
 DEFINED AS A SYSTEM OF PIPES AND  VALVES  SITUATED  AND  MAINTAINED  FOR
 FIREFIGHTING PURPOSES DELIVERING A WATER SUPPLY WITH SUFFICIENT PRESSURE
 AND  FLOW  WITH  A  CONNECTION POINT BY WHICH FIREFIGHTERS CAN ACCESS IT
 WITHOUT RESTRICTION AS TO THE USE FOR THAT PURPOSE. THE LOCATION IS SUCH
 THAT IT IS ACCESSIBLE FOR IMMEDIATE USE OF THE  FIRE  AUTHORITY  AT  ALL
 TIMES.
   20.  THE  DEPARTMENT  OF  PUBLIC  SERVICE SHALL TRANSMIT A REQUEST FOR
 INFORMATION TO EACH WATER-WORKS CORPORATION SERVING  FIFTY  THOUSAND  OR
 MORE WATER USERS, WATER AUTHORITY WITHIN THE STATE, AND MUNICIPAL PUBLIC
 WORKS  DEPARTMENT  REQUESTING  ANY  AND  ALL INFORMATION RELATED TO FIRE
 HYDRANT MAINTENANCE, SERVICING, TESTING, AND REPLACEMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02130-01-9

 S. 565                              2
 
   A. THE DEPARTMENT OF PUBLIC SERVICE SHALL SEEK FROM  EACH  WATER-WORKS
 CORPORATION SERVING FIFTY THOUSAND OR MORE WATER USERS, WATER AUTHORITY,
 AND MUNICIPAL PUBLIC WORKS DEPARTMENT THE FOLLOWING INFORMATION:
   (I)  ALL  INVOICES ASSOCIATED WITH MAINTENANCE, SERVICING, INSPECTION,
 OR REPAIR OF FIRE HYDRANTS FOR A PERIOD OF AT LEAST ONE YEAR; AND
   (II)  ALL  RECORDS  ASSOCIATED  WITH   THE   MAINTENANCE,   SERVICING,
 INSPECTION,  OR  REPAIR  OF  FIRE  HYDRANTS FOR A PERIOD OF AT LEAST ONE
 YEAR.
   B. EACH WATER-WORKS CORPORATION SERVING FIFTY THOUSAND OR  MORE  WATER
 USERS,  WATER  AUTHORITY,  OR  MUNICIPAL  PUBLIC  WORKS  DEPARTMENT THAT
 RECEIVES A REQUEST FOR INFORMATION FROM THE DEPARTMENT OF PUBLIC SERVICE
 PURSUANT TO THIS SUBDIVISION SHALL COOPERATE FULLY WITH SUCH DEPARTMENT,
 PROVIDE SUCH INFORMATION IN A TIMELY MANNER, AND COMPLY WITH  ANY  OTHER
 REQUESTS AND REQUIREMENTS DEEMED APPROPRIATE BY SUCH DEPARTMENT.
   C.  THE DEPARTMENT OF PUBLIC SERVICE SHALL ISSUE A REPORT ON OR BEFORE
 JULY FIRST, TWO THOUSAND TWENTY ON INFORMATION COLLECTED FROM EACH WATER
 AUTHORITY AND PUBLIC WORKS DEPARTMENT  REGARDING  FIRE  HYDRANT  MAINTE-
 NANCE,  SERVICING,  INSPECTION, OR REPAIR. SUCH A REPORT SHALL INCLUDE A
 COMPREHENSIVE ANALYSIS OF THE FREQUENCY OF EACH  AUTHORITY'S  OR  PUBLIC
 WORKS  DEPARTMENT'S  MAINTENANCE  AND  INSPECTION  OF FIRE HYDRANTS. THE
 DEPARTMENT OF PUBLIC SERVICE  SHALL  INCLUDE  ANY  RECOMMENDATIONS  THAT
 WOULD   ACHIEVE  A  MORE  UNIFORM  PERIOD  OF  HYDRANT  MAINTENANCE  AND
 INSPECTION. SUCH DEPARTMENT SHALL INCLUDE IN THE REPORT THE IDENTITY  OF
 ANY  WATER-WORKS CORPORATION SERVING FIFTY THOUSAND OR MORE WATER USERS,
 WATER AUTHORITY, OR MUNICIPAL PUBLIC WORKS DEPARTMENT  THAT  RECEIVED  A
 REQUEST FOR INFORMATION FROM THE DEPARTMENT BUT DID NOT PROVIDE INFORMA-
 TION  IN A TIMELY OR COMPLETE MANNER. IF A WATER-WORKS CORPORATION SERV-
 ING FIFTY THOUSAND OR MORE WATER USERS, WATER  AUTHORITY,  OR  MUNICIPAL
 PUBLIC  WORKS DEPARTMENT IS NOT RESPONSIBLE FOR MAINTAINING AND INSPECT-
 ING FIRE HYDRANTS, A STATEMENT INDICATING NO RESPONSIBILITY  TO  INSPECT
 SHALL  BE TRANSMITTED TO THE DEPARTMENT OF PUBLIC SERVICE IN RESPONSE TO
 ANY REQUEST FOR INFORMATION. SUCH DEPARTMENT SHALL POST A  COPY  OF  THE
 FULL  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, AND EACH MEMBER OF THE LEGISLATURE.
   § 2. This  act  shall  take  effect  immediately;  provided  that  the
 provisions  of  subdivision  20  of section 378 of the executive law, as
 added by section one of this act, shall expire and be deemed repealed on
 the one hundred twentieth day after the department of public service has
 submitted its completed report provided, further, that the department of
 public service shall notify the  legislative  bill  drafting  commission
 upon  the  occurrence of the submission of the completed report in order
 that the commission may maintain an accurate and timely  effective  data
 base of the official text of the laws of the state of New York in furth-
 erance  of  effectuating the provisions of section 44 of the legislative
 law and section 70-b of the public officers law.