S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3588
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Operations
 
 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:
 
   Section 1. Section 291 of the executive law is amended by adding a new
 subdivision 4 to read as follows:
   4. THE OPPORTUNITY TO OBTAIN BASIC  UTILITY  SERVICE,  CLEAN  AIR  AND
 CLEAN  WATER, WITHOUT DISCRIMINATION BECAUSE OF AGE, RACE, CREED, COLOR,
 NATIONAL ORIGIN, SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION,
 MILITARY  STATUS,  SEX,  MARITAL  STATUS, OR DISABILITY, AS SPECIFIED IN
 SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, IS HEREBY RECOGNIZED  AS
 AND DECLARED TO BE A CIVIL RIGHT.
   §  2. The public service is amended by adding a new section 28 to read
 as follows:
   § 28. LIABILITY FOR LOSS OR DAMAGE CAUSED BY FAILURE TO PROVIDE  BASIC
 UTILITY  SERVICE. ANY GAS, ELECTRIC OR STEAM CORPORATION OR MUNICIPALITY
 THAT FAILS TO PROVIDE BASIC UTILITY SERVICE AS SET FORTH IN  SUBDIVISION
 FOUR  OF  SECTION  TWO  HUNDRED NINETY-ONE OF THE EXECUTIVE LAW SHALL BE
 LIABLE TO ANY PERSON AFFECTED BY SUCH FAILURE FOR ALL  LOSS,  DAMAGE  OR
 INJURY  CAUSED  THEREBY OR RESULTING THEREFROM AND WHERE THE COURT FINDS
 THAT SUCH FAILURE TO PROVIDE SUCH SERVICE IS WILLFUL,  IT  MAY,  IN  ITS
 DISCRETION,  FIX  A  REASONABLE  COUNSEL OR ATTORNEYS' FEE. AN ACTION TO
 RECOVER FOR SUCH LOSS, DAMAGE OR INJURY MAY BE BROUGHT IN ANY  COURT  OF
 COMPETENT JURISDICTION BY ANY SUCH PERSON.
   § 3. The general municipal law is amended by adding a new section 99-x
 to read as follows:
   §  99-X.  LIABILITY  FOR  LOSS  OR DAMAGE CAUSED BY FAILURE TO PROVIDE
 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.
              

                                                            LBD04150-01-1

 A. 3588                             2
 
 RESIDING WITHIN THIS STATE THAT FAILS TO  PROVIDE  CLEAN  WATER  AS  SET
 FORTH IN SUBDIVISION FOUR OF SECTION TWO HUNDRED NINETY-ONE OF THE EXEC-
 UTIVE LAW SHALL BE LIABLE TO ANY PERSON AFFECTED BY SUCH FAILURE FOR ALL
 LOSS,  DAMAGE  OR INJURY CAUSED THEREBY OR RESULTING THEREFROM AND WHERE
 THE COURT FINDS THAT SUCH FAILURE TO PROVIDE SUCH SERVICE IS WILLFUL, IT
 MAY, IN ITS DISCRETION, FIX A REASONABLE COUNSEL OR ATTORNEYS'  FEE.  AN
 ACTION  TO RECOVER FOR SUCH LOSS, DAMAGE OR INJURY MAY BE BROUGHT IN ANY
 COURT OF COMPETENT JURISDICTION BY ANY SUCH PERSON.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.