S T A T E O F N E W Y O R K
________________________________________________________________________
5512
2023-2024 Regular Sessions
I N S E N A T E
March 6, 2023
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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 CONNECTING A WATER MAIN TO A
BUILDING INLET.
(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 SUBMIT A SERVICE LINE INVEN-
TORY, IN A FORMAT TO BE DEVELOPED BY THE DEPARTMENT, THAT IDENTIFIES THE
LOCATION, MATERIAL COMPOSITION, AND OTHER DETAILS OF ALL SERVICE LINES
CONNECTED TO ITS DISTRIBUTION SYSTEM. EACH COVERED PUBLIC WATER SYSTEM
SHALL ALSO SUBMIT AN INVENTORY SUMMARY FORM, IN A FORMAT TO BE DEVELOPED
BY THE DEPARTMENT, SUMMARIZING THE DATA IDENTIFIED IN THE SERVICE LINE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08102-02-3
S. 5512 2
INVENTORY. THE DEVELOPMENT OF SERVICE LINE INVENTORIES AND INVENTORY
SUMMARY FORMS SHALL COMPLY WITH REQUIREMENTS PROMULGATED BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AS WELL AS COMPLY WITH THE
PROVISIONS OF THIS SECTION.
3. EACH SERVICE LINE CONNECTED TO A COVERED PUBLIC WATER SYSTEM'S
DISTRIBUTION SYSTEM SHALL BE LISTED IN SERVICE LINE INVENTORIES. EACH
COVERED PUBLIC WATER SYSTEM SHALL INCLUDE FOR EACH SERVICE LINE THE
INFORMATION LISTED IN THIS SUBDIVISION. FOR SOME CATEGORIES, THE COVERED
PUBLIC WATER SYSTEM MAY MARK "UNKNOWN" WHERE DOCUMENTED EVIDENCE IS NOT
CURRENTLY AVAILABLE:
(A) STREET ADDRESS;
(B) TOWN;
(C) ZIP CODE;
(D) WHETHER A GOOSENECK, PIGTAIL, OR CONNECTOR MADE OF LEAD IS PRES-
ENT;
(E) THE MATERIAL COMPOSITION OF BOTH THE PUBLIC PORTION AND CUSTOMER
PORTION OF THE SERVICE LINE;
(F) WHETHER THE PUBLIC PORTION OR CUSTOMER PORTION OF THE SERVICE LINE
WAS EVER MADE OF LEAD;
(G) THE VERIFICATION METHOD USED TO DETERMINE THE MATERIAL COMPOSITION
OF BOTH THE PUBLIC PORTION AND CUSTOMER PORTION OF THE SERVICE LINE;
(H) THE INSTALLATION OR REPLACEMENT DATE OF BOTH THE PUBLIC PORTION
AND CUSTOMER PORTION OF THE SERVICE LINE;
(I) THE DIAMETER OF BOTH THE PUBLIC PORTION AND CUSTOMER PORTION OF
THE SERVICE LINE;
(J) WHETHER LEAD SOLDER IS PRESENT;
(K) THE BUILDING TYPE; AND
(L) WHETHER A POINT OF USE OR POINT OF ENTRY TREATMENT SYSTEM IS PRES-
ENT.
4. INVENTORY SUMMARY FORMS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING INFORMATION ABOUT EACH COVERED WATER SYSTEM:
(A) WATER SYSTEM NAME AND IDENTIFICATION NUMBER;
(B) CONTACT INFORMATION FOR THE OWNER OR LICENSED OPERATOR OF RECORD
COMPLETING THE FORM;
(C) THE TOTAL NUMBER OF SERVICE LINES IN THE DISTRIBUTION SYSTEM;
(D) THE TOTAL NUMBER OF LEAD SERVICE LINES, INCLUDING THE TOTAL NUMBER
OF LEAD PUBLIC SERVICE LINE PORTIONS AND THE TOTAL NUMBER OF LEAD
CUSTOMER SERVICE LINE PORTIONS;
(E) THE TOTAL NUMBER OF GALVANIZED SERVICE LINES REQUIRING REPLACE-
MENT, INCLUDING THE TOTAL NUMBER OF GALVANIZED PUBLIC SERVICE LINE
PORTIONS AND THE TOTAL NUMBER OF GALVANIZED CUSTOMER SERVICE LINE
PORTIONS;
(F) THE TOTAL NUMBER OF NON-LEAD SERVICE LINES, INCLUDING THE TOTAL
NUMBER OF NON-LEAD PUBLIC SERVICE LINE PORTIONS AND THE TOTAL NUMBER OF
NON-LEAD CUSTOMER SERVICE LINE PORTIONS;
(G) THE TOTAL NUMBER OF SERVICE LINES OF UNKNOWN MATERIAL, INCLUDING
THE TOTAL NUMBER OF UNKNOWN PUBLIC SERVICE LINE PORTIONS AND THE TOTAL
NUMBER OF UNKNOWN CUSTOMER SERVICE LINE PORTIONS;
(H) THE TOTAL NUMBER OF PUBLIC SERVICE LINE PORTIONS IDENTIFIED BY
HISTORICAL RECORDS, FIELD INSPECTIONS, CUSTOMER IDENTIFICATION WITH
PHOTO OR OTHER VERIFICATION, EXCAVATION, SEQUENTIAL SAMPLING, AND
STATISTICAL ANALYSIS/PREDICTIVE MODELING;
(I) THE TOTAL NUMBER OF CUSTOMER SERVICE PORTIONS IDENTIFIED BY
HISTORICAL RECORDS, FIELD INSPECTIONS, CUSTOMER IDENTIFICATION WITH
PHOTO OR OTHER VERIFICATION, EXCAVATION, SEQUENTIAL SAMPLING, AND
STATISTICAL ANALYSIS/PREDICTIVE MODELING;
S. 5512 3
(J) A DESCRIPTION OF HOW THE SERVICE LINE INVENTORY WILL BE ACCESSIBLE
TO THE PUBLIC; AND
(K) A CERTIFICATION VERIFYING THE ACCURACY OF THE INFORMATION.
5. EACH COVERED PUBLIC WATER SYSTEM SHALL ELECTRONICALLY SUBMIT TO THE
DEPARTMENT AN INITIAL SERVICE LINE INVENTORY AND AN INITIAL INVENTORY
SUMMARY FORM NO LATER THAN OCTOBER SIXTEENTH, TWO THOUSAND TWENTY-FOUR.
THE DEPARTMENT MAY PRESCRIBE DATA MANAGEMENT MEANS AND METHODS FOR ELEC-
TRONIC SUBMISSIONS BY COVERED 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 AND INVENTORY SUMMARY FORMS TO
THE DEPARTMENT AT LEAST ANNUALLY. UPDATED SERVICE LINE INVENTORIES AND
INVENTORY SUMMARY FORMS SHALL REFLECT INFORMATION GATHERED DURING ANY
SERVICE LINE REPLACEMENTS OR SERVICE LINE MATERIAL INSPECTIONS THAT MAY
HAVE BEEN CONDUCTED. UPDATED INVENTORY SUMMARY FORMS SHALL ADDITIONALLY
INCLUDE:
(A) A DESCRIPTION DETAILING THE STEPS BEING TAKEN TO DETERMINE THE
MATERIAL COMPOSITION OF UNKNOWN SERVICE LINES;
(B) THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS LEAD, GALVANIZED,
OR UNKNOWN THAT WERE REPLACED OVER THE COURSE OF THE PREVIOUS YEAR; AND
(C) THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS UNKNOWN THAT WERE
DETERMINED TO BE LEAD, GALVANIZED, OR OTHER MATERIAL OVER THE COURSE OF
THE PREVIOUS YEAR.
7. EACH COVERED PUBLIC WATER SYSTEM WHICH OPERATES ITS OWN WEBSITE
SHALL MAKE ITS MOST RECENT SERVICE LINE INVENTORY AND INVENTORY SUMMARY
FORM AVAILABLE TO THE PUBLIC ON ITS WEBSITE.
8. NO LATER THAN THIRTY DAYS AFTER RECEIVING INITIAL AND UPDATED
SERVICE LINE INVENTORIES AND INVENTORY SUMMARY FORMS, THE DEPARTMENT
SHALL MAKE SUCH INVENTORIES AND INVENTORY SUMMARY FORMS AVAILABLE TO THE
PUBLIC ON THE DEPARTMENT'S WEBSITE. EACH LOCAL HEALTH DEPARTMENT SHALL
INCLUDE A LINK ON ITS WEBSITE TO THE WEBSITE OPERATED BY THE DEPARTMENT
FOR HOSTING SERVICE LINE INVENTORIES AND INVENTORY SUMMARY FORMS.
9. NO LATER THAN THREE HUNDRED SIXTY DAYS AFTER OCTOBER SIXTEENTH, TWO
THOUSAND TWENTY-FOUR, THE DEPARTMENT SHALL MAKE THE INFORMATION FROM THE
SERVICE LINE INVENTORIES OF COVERED PUBLIC WATER SYSTEMS SERVING MORE
THAN TEN THOUSAND PEOPLE 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, INCLUDING THE MATERIAL CLASSIFICATION OF
BOTH THE PUBLIC AND CUSTOMER PORTIONS OF A SERVICE LINE;
(B) STREET ADDRESS; AND
(C) THE VERIFICATION METHOD FOR THE SERVICE LINE CLASSIFICATION.
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. THE DEPARTMENT MAY
CHOOSE NOT TO CREATE AN INTERACTIVE MAP WHEN A COVERED PUBLIC WATER
SYSTEM CERTIFIES THAT IT MAINTAINS AND UPDATES ITS OWN INTERACTIVE MAP.
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.