Assembly Bill A3588

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-A3588 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §291, Exec L; add §28, Pub Serv L; add §99-x, Gen Muni L
Versions Introduced in 2019-2020 Legislative Session:
A8811

2021-A3588 (ACTIVE) - Summary

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

2021-A3588 (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.