S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9345
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 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 lead service  line
   identification
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 1114-c to read as follows:
   §  1114-C.  LEAD  SERVICE  LINE IDENTIFICATION. 1. FOR THE PURPOSES OF
 THIS SECTION:
   (A) "COVERED WATER SYSTEM" MEANS (I) A PUBLIC WATER SYSTEM THAT SERVES
 AT LEAST FIFTEEN 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.
   (B)  "SERVICE  LINE"  MEANS  ANY  PIPING  CONNECTING A WATER MAIN TO A
 BUILDING INLET.
   (C) "GALVANIZED SERVICE LINE" MEANS IRON OR STEEL PIPING THAT HAS BEEN
 DIPPED IN ZINC TO PREVENT CORROSION AND RUSTING.
   (D) "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  SERVICE  PIPING,  TYPICALLY  CONNECTING THE
 SERVICE LINE TO THE WATER MAIN.
   (E) "LEAD SERVICE LINE" MEANS A SERVICE LINE MADE OF LEAD OR  WHERE  A
 PORTION  OF  THE  SERVICE LINE IS MADE OF LEAD. A GOOSENECK, PIGTAIL, OR
 CONNECTOR MADE OF LEAD SHALL BE CONSIDERED A LEAD SERVICE LINE,  REGARD-
 LESS  OF  LENGTH  AND  REGARDLESS OF THE MATERIAL OF THE SERVICE LINE TO
 WHICH SUCH GOOSENECK, PIGTAIL, OR CONNECTOR IS  ATTACHED.  A  GALVANIZED
 SERVICE  LINE SHALL BE CONSIDERED A LEAD SERVICE LINE IF IT IS CURRENTLY
 OR EVER WAS DOWNSTREAM OF A LEAD SERVICE LINE OR IS CURRENTLY DOWNSTREAM
 IN THE DIRECTION OF FLOW OF A LEAD STATUS UNKNOWN SERVICE LINE.  IF  THE
 COVERED  WATER  SYSTEM  IS  UNABLE  TO  DEMONSTRATE  THAT THE GALVANIZED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15575-01-4
              

 S. 9345                             2
 
 SERVICE LINE WAS NEVER DOWNSTREAM OF A LEAD SERVICE LINE, THE GALVANIZED
 SERVICE LINE SHALL BE CONSIDERED A LEAD SERVICE LINE.
   (F)  "CUSTOMER"  MEANS AN OWNER OF REAL PROPERTY SERVED BY THE COVERED
 PUBLIC WATER SYSTEM.
   (G) "PROPERTY" MEANS REAL PROPERTY SERVED BY THE COVERED PUBLIC  WATER
 SYSTEM.
   (H)  "NON-OWNER ADULT OCCUPANT" MEANS A PERSON, AGE EIGHTEEN OR OLDER,
 OTHER THAN THE CUSTOMER THAT IS  OCCUPYING,  WITH  THE  CONSENT  OF  THE
 CUSTOMER,  REAL  PROPERTY  SERVED BY THE COVERED WATER SYSTEM, INCLUDING
 BUT NOT LIMITED TO TENANTS AND  OCCUPANTS  AS  DEFINED  IN  SECTION  TWO
 HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW.
   (I)  "LOCALLY  ADOPTED  CODE" MEANS ANY LOCAL LAW, LOCAL ORDINANCE, OR
 COVERED WATER SYSTEM RULE OR REGULATION.
   2. WHEN CONSENT AND ACCESS TO A PROPERTY CANNOT BE READILY OBTAINED BY
 A COVERED WATER SYSTEM FOR THE PURPOSE OF CONDUCTING A FREE SERVICE LINE
 INSPECTION IN ORDER TO DETERMINE THE PRESENCE OF A  LEAD  SERVICE  LINE,
 THE COVERED WATER SYSTEM SHALL GIVE NOTICE TO THE CUSTOMER OF SUCH PROP-
 ERTY  REQUESTING  CONSENT  AND  ACCESS.  ANY REQUEST TO A CUSTOMER SHALL
 INCLUDE A NOTIFICATION THAT FAILURE TO RESPOND WITHIN THIRTY DAYS  SHALL
 RESULT IN A NON-OWNER ADULT OCCUPANT BEING AUTHORIZED TO CONSENT TO SUCH
 REQUEST. ALL CUSTOMERS MUST RESPOND WITHIN THIRTY DAYS TO SUCH A REQUEST
 BY A COVERED WATER SYSTEM.
   3.  IF  A  CUSTOMER  FAILS  TO  RESPOND  WITHIN  THIRTY DAYS TO SUCH A
 REQUEST, A COVERED WATER SYSTEM MAY NOTIFY ANY NON-OWNER ADULT  OCCUPANT
 OF  SUCH  OUTSTANDING REQUEST AND ACCEPT THE CONSENT AND ACCESS PROVIDED
 BY ANY NON-OWNER ADULT OCCUPANT OF THE PROPERTY IN ORDER  TO  CONDUCT  A
 FREE SERVICE LINE INSPECTION.
   4. IF THE CONSENT AND ACCESS OF A CUSTOMER OR NON-OWNER ADULT OCCUPANT
 OF  A  PROPERTY  IS  REFUSED OR CANNOT BE READILY OBTAINED WITHIN THIRTY
 DAYS AFTER NOTICE HAS BEEN GIVEN, THE  COVERED  WATER  SYSTEM  MAY  TAKE
 ACTIONS  CONSISTENT WITH ITS LOCALLY ADOPTED CODE TO SECURE SUCH CONSENT
 AND ACCESS.
   5. FREE SERVICE LINE INSPECTIONS MUST OCCUR WITHIN SIXTY DAYS AFTER  A
 CUSTOMER  OR  NON-OWNER  ADULT  OCCUPANT  HAS CONSENTED TO AN INSPECTION
 REQUEST BY A COVERED WATER SYSTEM.
   6. THIS SECTION SHALL NOT MODIFY ANY  EXISTING  LIABILITIES  OR  OBLI-
 GATIONS  FOR  ANY  PARTY  IN  CONNECTION  TO  CONDUCTING  A SERVICE LINE
 INSPECTION, PROVIDED HOWEVER THAT A NON-OWNER ADULT OCCUPANT  SHALL  NOT
 BE  LIABLE  FOR  ANY  ACTIONS RESULTING FROM CONSENTING TO AND PROVIDING
 ACCESS TO CONDUCT A SERVICE LINE INSPECTION  AS  AUTHORIZED  UNDER  THIS
 SECTION.
   § 2. This act shall take effect immediately.