NY State Senate Bill 2021-S9291

Archive: Last Bill Status - In Senate Committee Health Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to health

2021-S9291 (ACTIVE) - Details

See Assembly Version of this Bill:: A10582
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1114-b, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S5512, A4869, A6115

2021-S9291 (ACTIVE) - Summary

Enacts the lead pipe right to know act requiring public water systems to take service line inventories and make such information available to the public.

2021-S9291 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9291

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the lead
pipe right to know act

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to create a database of pipes in New
York State in order to effectively target federal funding for lead pipe
replacements and establish baseline information for future activities
and policy as it relates to pipe construction materials and the effects
they may have on water quality.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes that this act shall be known as the "lead pipe
right to know act."

Section 2 amends the public health law by adding a new section 1114-b

including:

Defining the terms "service line," "gooseneck, pigtail, or connector,"
"galvanized service line," and "covered public water system."

Directing covered public water systems to develop a service line inven-
tory to identify the material composition of all service lines connected
to its distribution system, which will provide detail on the pipes mate-
rial composition; lead, galvanized, copper, plastic, other material,
and/or unknown.

The inventories would be submitted to the Department of Health and the
bill establishes the process for such submission.

The bill would direct covered public water systems and DOH to make its
most recent service line inventory available through the public on its
website or through its affiliated local government.

The bill would direct DOH to establish an interactive map or maps that
would be searchable by address and color coded where applicable and
updated at least annually.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Lead service lines pose one of the greatest threats to drinking water in
New York. These water pipes, which connect water mains to the internal
plumbing in homes and other buildings, can expose New Yorkers to a
dangerous neurotoxin when they turn on the tap. There is no safe level
of lead in drinking water; infants and fetuses are especially at risk.

However, few water utilities across the state have reviewed their writ-
ten records to determine how many lead service lines are present in
their distribution system, and where those lead service lines are
located. Policymakers need this information to understand the full scale
and extent of the lead service line problem. Accessing and visualizing
this data will also ensure that existing state and incoming federal
funds earmarked for getting lead service lines out of the ground are
spent efficiently and equitably. New York cannot fix what it cannot
measure.

This bill requires each water utility to swiftly develop a comprehensive
inventory of all of the service lines in its system, and to regularly
update those inventories with new information. It also requires the NYS
Department of Health to make those inventories available on the depart-
ment's website, and to create interactive maps allowing New Yorkers to
easily learn their risk of lead exposure.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2021-S9291 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9291
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to enacting the  lead
   pipe right to know act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "lead pipe right to know act".
   §  2.  The public health law is amended by adding a new section 1114-b
 to read as follows:
   § 1114-B. SERVICE LINE INVENTORIES AND MAPPING. 1. DEFINITIONS.    FOR
 THE PURPOSES OF THIS SECTION:
   (A) "SERVICE LINE" MEANS ANY PIPING, TUBING, AND FITTINGS CONNECTING A
 WATER  MAIN  TO  A  BUILDING  THAT SERVES A CUSTOMER OF A COVERED PUBLIC
 WATER SYSTEM.  "SERVICE LINE" INCLUDES THE PORTION OF THE  SERVICE  LINE
 BETWEEN  THE WATER MAIN AND THE CURB BOX, AND THE PORTION OF THE SERVICE
 LINE BETWEEN THE CURB BOX AND THE BUILDING.
   (B) "GOOSENECK, PIGTAIL,  OR  CONNECTOR"  MEANS  A  SHORT  SECTION  OF
 PIPING, TYPICALLY NOT EXCEEDING TWO FEET, WHICH CAN BE BENT AND USED FOR
 CONNECTIONS BETWEEN RIGID PORTIONS OF A SERVICE LINE.
   (C) "GALVANIZED SERVICE LINE" MEANS IRON OR STEEL PIPING THAT HAS BEEN
 DIPPED IN ZINC TO PREVENT CORROSION AND RUSTING.
   (D) "COVERED PUBLIC WATER SYSTEM" MEANS (I) A PUBLIC WATER SYSTEM THAT
 SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY YEAR-ROUND RESIDENTS OR
 REGULARLY  SERVES  AT  LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS; OR (II) A
 PUBLIC WATER SYSTEM THAT REGULARLY SERVES AT LEAST  TWENTY-FIVE  OF  THE
 SAME PEOPLE, FOUR HOURS OR MORE PER DAY, FOR FOUR OR MORE DAYS PER WEEK,
 FOR TWENTY-SIX OR MORE WEEKS PER YEAR.
   2.  EACH COVERED PUBLIC WATER SYSTEM SHALL, BY REVIEWING THEIR WRITTEN
 RECORDS, DEVELOP A SERVICE  LINE  INVENTORY  TO  IDENTIFY  THE  MATERIAL
 COMPOSITION  OF  ALL SERVICE LINES CONNECTED TO ITS DISTRIBUTION SYSTEM.
 SERVICE LINE INVENTORIES SHALL  BE  DEVELOPED  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15873-01-2

 S. 9291                             2
 
   3.  EACH  SERVICE  LINE  CONNECTED  TO A COVERED PUBLIC WATER SYSTEM'S
 DISTRIBUTION SYSTEM SHALL BE LISTED  IN  SERVICE  LINE  INVENTORIES  AND
 CLASSIFIED  AS ONE OF THE CATEGORIES SET FORTH IN PARAGRAPHS (A) THROUGH
 (F) OF THIS SUBDIVISION. WHERE THE PORTION OF THE SERVICE  LINE  BETWEEN
 THE  WATER  MAIN  AND  THE  CURB BOX IS OF A DIFFERENT MATERIAL THAN THE
 PORTION OF THE SERVICE LINE BETWEEN  THE  CURB  BOX  AND  THE  BUILDING,
 SERVICE  LINE  INVENTORIES  SHALL  LIST AND CLASSIFY EACH PORTION OF THE
 SERVICE LINE SEPARATELY.
   (A) "LEAD" WHERE THE SERVICE LINE IS MADE OF LEAD. SERVICE LINES  WITH
 GOOSENECKS,  PIGTAILS, OR CONNECTORS MADE OF LEAD SHALL BE CLASSIFIED AS
 LEAD, REGARDLESS OF THE MATERIAL OF THE SERVICE  LINE  TO  WHICH  GOOSE-
 NECKS, PIGTAILS, OR CONNECTORS MADE OF LEAD ARE ATTACHED. COVERED PUBLIC
 WATER  SYSTEMS  MAY  DIVIDE  SERVICE  LINES  CLASSIFIED AS LEAD INTO TWO
 SUBCATEGORIES WITH ONE FOR SERVICE LINES MADE OF LEAD AND THE OTHER  FOR
 SERVICE  LINES  WITH  ONLY  GOOSENECKS,  PIGTAILS, OR CONNECTORS MADE OF
 LEAD.
   (B) "GALVANIZED" WHERE THE SERVICE LINE IS A GALVANIZED SERVICE  LINE,
 REGARDLESS OF THE MATERIAL OF THE SERVICE LINE THAT A GALVANIZED SERVICE
 LINE  IS  OR  WAS DOWNSTREAM OF. COVERED PUBLIC WATER SYSTEMS MAY DIVIDE
 SERVICE LINES CLASSIFIED AS GALVANIZED INTO TWO SUBCATEGORIES  WITH  ONE
 FOR  GALVANIZED  SERVICE  LINES THAT ARE OR WERE DOWNSTREAM OF A SERVICE
 LINE CLASSIFIED AS LEAD AND THE OTHER FOR GALVANIZED SERVICE LINES  THAT
 ARE NOT OR WERE NOT DOWNSTREAM OF A SERVICE LINE CLASSIFIED AS LEAD.
   (C) "COPPER" WHERE THE SERVICE LINE IS MADE OF COPPER.
   (D) "PLASTIC" WHERE THE SERVICE LINE IS MADE OF PLASTIC.
   (E)  "OTHER MATERIAL" WHERE A SERVICE LINE IS MADE OF A MATERIAL OTHER
 THAN LEAD, GALVANIZED, COPPER, OR PLASTIC.
   (F) "UNKNOWN" WHERE THE SERVICE LINE MATERIAL IS NOT KNOWN TO BE LEAD,
 GALVANIZED, COPPER, PLASTIC, OR OTHER MATERIAL, SUCH AS WHERE  THERE  IS
 NO DOCUMENTED EVIDENCE SUPPORTING MATERIAL CLASSIFICATION.
   4. EACH SERVICE LINE INVENTORY SHALL ALSO INCLUDE:
   (A) THE STREET ADDRESS OF EACH SERVICE LINE; AND
   (B)  THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS LEAD, GALVANIZED,
 COPPER, PLASTIC, OTHER MATERIAL, OR UNKNOWN  CONNECTED  TO  THE  COVERED
 PUBLIC WATER SYSTEM'S DISTRIBUTION SYSTEM.
   5. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 EACH  COVERED  PUBLIC  WATER  SYSTEM  SHALL ELECTRONICALLY SUBMIT TO THE
 DEPARTMENT AN INITIAL  SERVICE  LINE  INVENTORY.    THE  DEPARTMENT  MAY
 PRESCRIBE DATA MANAGEMENT MEANS AND METHODS FOR INVENTORY SUBMISSIONS BY
 PUBLIC WATER SYSTEMS FOR UNIFORMITY PURPOSES.
   6.  COVERED PUBLIC WATER SYSTEMS WHOSE INVENTORIES CONTAIN ANY SERVICE
 LINES CLASSIFIED AS LEAD, GALVANIZED, OR  UNKNOWN  SHALL  ELECTRONICALLY
 SUBMIT UPDATED SERVICE LINE INVENTORIES TO THE DEPARTMENT AT LEAST ANNU-
 ALLY.  UPDATED  SERVICE LINE INVENTORIES SHALL REFLECT INFORMATION GATH-
 ERED DURING ANY SERVICE  LINE  REPLACEMENTS  OR  SERVICE  LINE  MATERIAL
 INSPECTIONS  THAT MAY HAVE BEEN CONDUCTED. UPDATED SERVICE LINE INVENTO-
 RIES SHALL ADDITIONALLY INCLUDE:
   (A) FOR EACH SERVICE LINE CLASSIFIED AS ONE OF THE CLASSIFICATIONS  IN
 PARAGRAPHS  (A)  THROUGH  (E)  OF  SUBDIVISION  THREE  OF  THIS SECTION,
 SUPPORTING INFORMATION DETAILING THE REASONS WHY EACH SUCH SERVICE  LINE
 WAS GIVEN THE CLASSIFICATION;
   (B) FOR EACH SERVICE LINE CLASSIFIED AS UNKNOWN, A DESCRIPTION DETAIL-
 ING  THE  STEPS BEING TAKEN TO DETERMINE THE MATERIAL COMPOSITION OF THE
 SERVICE LINE;
   (C) THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS LEAD,  GALVANIZED,
 OR UNKNOWN THAT WERE REPLACED OVER THE COURSE OF THE PREVIOUS YEAR; AND
 S. 9291                             3
 
   (D)  THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS UNKNOWN THAT WERE
 DETERMINED TO BE LEAD, GALVANIZED, COPPER, PLASTIC,  OR  OTHER  MATERIAL
 OVER THE COURSE OF THE PREVIOUS YEAR.
   7. EACH COVERED PUBLIC WATER SYSTEM SHALL MAKE ITS MOST RECENT SERVICE
 LINE  INVENTORY  AVAILABLE  TO  THE  PUBLIC  ON ITS WEBSITE IF IT OR ITS
 AFFILIATED LOCAL GOVERNMENT ENTITY MAINTAINS AND OPERATES A WEBSITE.
   8. NO LATER THAN THIRTY  DAYS  AFTER  RECEIVING  INITIAL  AND  UPDATED
 SERVICE  LINE  INVENTORIES,  THE  DEPARTMENT SHALL MAKE SUCH INVENTORIES
 AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   9. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS  SECTION,  THE  DEPARTMENT  SHALL  MAKE  THE  INFORMATION FROM EACH
 SERVICE LINE INVENTORY AVAILABLE  TO  THE  PUBLIC  ON  THE  DEPARTMENT'S
 WEBSITE  IN THE FORM OF AN INTERACTIVE MAP OR MAPS. SUCH INTERACTIVE MAP
 OR MAPS SHALL INCLUDE, FOR EACH SERVICE LINE:
   (A) MATERIAL CLASSIFICATION;
   (B) STREET ADDRESS; AND
   (C) THE BASIS FOR THE SERVICE LINE CLASSIFICATION  IN  PARAGRAPHS  (A)
 THROUGH (E) OF SUBDIVISION THREE OF THIS SECTION.
   10.  THE  DEPARTMENT'S  INTERACTIVE MAP OR MAPS SHALL BE SEARCHABLE BY
 ADDRESS, AND COLOR-CODED WHERE APPLICABLE TO DESIGNATE MATERIAL  CLASSI-
 FICATION.  THE  DEPARTMENT'S INTERACTIVE MAP OR MAPS SHALL BE UPDATED AT
 LEAST ANNUALLY, IN CONJUNCTION WITH THE SUBMISSION  OF  UPDATED  SERVICE
 LINE INVENTORIES BY COVERED PUBLIC WATER SYSTEMS.
   11.  THE DEPARTMENT SHALL ADOPT SUCH RULES AND REGULATIONS AS IT DEEMS
 NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately.

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Senate Bill S9291

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S9291 (ACTIVE) - Details

2021-S9291 (ACTIVE) - Summary

2021-S9291 (ACTIVE) - Sponsor Memo

2021-S9291 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9291

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S9291 (ACTIVE) - Details

2021-S9291 (ACTIVE) - Summary

2021-S9291 (ACTIVE) - Sponsor Memo

2021-S9291 (ACTIVE) - Bill Text download pdf

Comments