S T A T E   O F   N E W   Y O R K
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                                   7878
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the public health law, in relation to enacting the lead
   pipe replacement 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 replacement act".
   § 2. The public health law is amended by adding a new  section  1114-c
 to read as follows:
   §  1114-C.  LEAD  SERVICE  LINE  REPLACEMENT.  1. DEFINITIONS. 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 A SERVICE LINE  MADE  OF  IRON  OR
 STEEL THAT HAS BEEN DIPPED IN ZINC TO PREVENT CORROSION AND RUSTING.
   (D) "GALVANIZED-REQUIRING-REPLACEMENT SERVICE LINE" MEANS A GALVANIZED
 SERVICE  LINE THAT CURRENTLY IS OR EVER WAS DOWNSTREAM OF A LEAD SERVICE
 LINE; OR IS CURRENTLY DOWNSTREAM OF A LEAD STATUS UNKNOWN SERVICE  LINE.
 FOR  THIS  DEFINITION, DOWNSTREAM MEANS IN THE DIRECTION OF FLOW THROUGH
 THE SERVICE LINE. IF THE COVERED WATER SYSTEM IS UNABLE  TO  DEMONSTRATE
 THAT  THE GALVANIZED SERVICE LINE WAS NEVER DOWNSTREAM OF A LEAD SERVICE
 LINE, IT IS A GALVANIZED-REQUIRING-REPLACEMENT SERVICE LINE.
   (E) "CONNECTOR" MEANS A SHORT SEGMENT OF PIPING  NOT  EXCEEDING  THREE
 FEET  THAT  CAN  BE  BENT  AND  IS  USED FOR CONNECTIONS BETWEEN SERVICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10763-02-5
              

 A. 7878                             2
 
 PIPING, TYPICALLY CONNECTING THE SERVICE LINE TO THE MAIN.  A  CONNECTOR
 MAY ALSO BE REFERRED TO AS A GOOSENECK OR PIGTAIL.
   (F) "LEAD CONNECTOR" MEANS A CONNECTOR MADE OF LEAD.
   (G)  "LEAD  SERVICE LINE" MEANS A SERVICE LINE MADE OF LEAD OR WHERE A
 PORTION OF THE SERVICE LINE IS MADE OF LEAD. FOR THE  PURPOSES  OF  THIS
 SECTION,  A  LEAD-LINED GALVANIZED SERVICE LINE, A GALVANIZED-REQUIRING-
 REPLACEMENT SERVICE LINE, AND A LEAD CONNECTOR SHALL BE CONSIDERED TO BE
 LEAD SERVICE LINES.
   (H) "LEAD STATUS UNKNOWN SERVICE LINE" MEANS A SERVICE LINE WHOSE PIPE
 MATERIAL HAS NOT BEEN DEMONSTRATED TO BE A LEAD  SERVICE  LINE,  GALVAN-
 IZED-REQUIRING-REPLACEMENT SERVICE LINE, OR A NON-LEAD SERVICE LINE.
   (I)  "PARTIAL  LEAD SERVICE LINE REPLACEMENT" MEANS REPLACEMENT OF ANY
 PORTION OF A LEAD SERVICE LINE THAT LEAVES IN SERVICE ANY  LENGTH  OF  A
 LEAD SERVICE LINE UPON COMPLETION OF THE WORK.
   (J) "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (K)  "ELEVATED  LEAD LEVELS" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SECTION THIRTEEN HUNDRED SEVENTY OF THIS CHAPTER.
   (L) "CUSTOMER" MEANS AN OWNER OF REAL PROPERTY SERVED BY  THE  COVERED
 WATER SYSTEM.
   (M) "PROPERTY" MEANS REAL PROPERTY SERVED BY A COVERED WATER SYSTEM.
   (N)  "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.
   (O) "ENVIRONMENTAL PROTECTION AGENCY" MEANS THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY.
   (P) "LOCALLY ADOPTED CODE" MEANS ANY LOCAL LAW,  LOCAL  ORDINANCE,  OR
 COVERED WATER SYSTEM RULE OR REGULATION.
   2.  LEAD  SERVICE  LINE  REPLACEMENT REQUIREMENTS. (A) A COVERED WATER
 SYSTEM SHALL REPLACE ALL LEAD SERVICE LINES IN ITS DISTRIBUTION  SYSTEM,
 REGARDLESS  OF  THE  OWNERSHIP  STATUS OF SUCH LEAD SERVICE LINES OR THE
 TYPE OF PROPERTY ON WHICH THEY  ARE  LOCATED,  IN  ACCORDANCE  WITH  THE
 PROCEDURES IDENTIFIED IN THIS SECTION, NO LATER THAN NOVEMBER FIRST, TWO
 THOUSAND THIRTY-SEVEN.
   (B) TO THE EXTENT NOT PROVIDED ELSEWHERE, AND NOTWITHSTANDING ANY LAW,
 REGULATION,  OR  WATER  TARIFF  AGREEMENT TO THE CONTRARY, COVERED WATER
 SYSTEMS ARE HEREBY PROVIDED  LEGAL  ACCESS  TO  ALL  SERVICE  LINES  AND
 CONNECTORS  IN THEIR DISTRIBUTION SYSTEMS FOR THE PURPOSE OF IDENTIFYING
 AND REPLACING LEAD SERVICE LINES.
   (C) A COVERED  WATER  SYSTEM  SHALL  ESTABLISH  A  LEAD  SERVICE  LINE
 REPLACEMENT PROGRAM. SUCH PROGRAM SHALL OFFER TO REPLACE ALL PORTIONS OF
 A  LEAD  SERVICE  LINE  AT  NO DIRECT CHARGE TO ANY CUSTOMER WITH A LEAD
 SERVICE LINE, AND SHALL  COVER  THE  COSTS  OF  PLANNING,  CONSTRUCTION,
 RECONSTRUCTION,  RESTORATION,  CUSTOMER ENGAGEMENT, AND ANY OTHER ACTIV-
 ITIES RELATED TO LEAD SERVICE LINE REPLACEMENT.   FOR  THE  PURPOSES  OF
 THIS  SECTION, A DIRECT CHARGE SHALL NOT INCLUDE REVENUES RAISED THROUGH
 WATER RATE INCREASES.
   (D) UPON BEING OFFERED A LEAD SERVICE LINE REPLACEMENT  AT  NO  DIRECT
 CHARGE  BY  THE  COVERED  WATER  SYSTEM,  ANY  CUSTOMER SERVED BY A LEAD
 SERVICE LINE OWNED BY THE CUSTOMER IN WHOLE OR IN PART SHALL EITHER:
   (I) FACILITATE THE COVERED WATER SYSTEM'S REPLACEMENT OF ALL  PORTIONS
 OF  THE  LEAD  SERVICE  LINE AT NO DIRECT CHARGE, INCLUDING BY PROVIDING
 ACCESS TO THE CUSTOMER'S PROPERTY AND PROVIDING ANY  INFORMATION  NECES-
 SARY FOR THE REPLACEMENT REQUESTED BY THE COVERED WATER SYSTEM; OR
 A. 7878                             3
 
   (II)  OPT-OUT OF THE COVERED WATER SYSTEM'S LEAD SERVICE LINE REPLACE-
 MENT PROGRAM BY REPLACING THE CUSTOMER-OWNED PORTION OF THE LEAD SERVICE
 LINE THROUGH THE CUSTOMER'S OWN AGENTS OR CONTRACTORS AND AT THE CUSTOM-
 ER'S OWN EXPENSE. IF THE CUSTOMER ELECTS TO REPLACE  THE  CUSTOMER-OWNED
 PORTION  OF  THE LEAD SERVICE LINE UNDER THIS SUBPARAGRAPH, THE REPLACE-
 MENT MUST BE COMPLETED NOT LATER THAN FORTY-FIVE DAYS AFTER THE  COVERED
 WATER  SYSTEM FIRST COMMUNICATES TO THE CUSTOMER THE AVAILABILITY OF THE
 LEAD  SERVICE  LINE  REPLACEMENT  PROGRAM.  THE  REPLACEMENT  SHALL   BE
 INSPECTED  BY  A  LICENSED  PLUMBER  TO  CERTIFY  THAT  THE  REPLACEMENT
 OCCURRED, WITH SUCH CERTIFICATION PROVIDED TO THE COVERED WATER  SYSTEM.
 IF  A  CUSTOMER  NOTIFIES  THE  COVERED WATER SYSTEM THAT THEY INTEND TO
 REPLACE OR HAVE REPLACED THE CUSTOMER-OWNED PORTION OF THE LEAD  SERVICE
 LINE, THE COVERED WATER SYSTEM MUST REPLACE, AT NO CHARGE TO THE CUSTOM-
 ER,  THE  PORTION  OF  THE  LEAD SERVICE LINE OWNED BY THE COVERED WATER
 SYSTEM AT THE SAME TIME AS, OR WITHIN FORTY-FIVE DAYS OF, THE  CUSTOMER-
 INITIATED  REPLACEMENT. IF THE COVERED WATER SYSTEM CANNOT REPLACE THEIR
 PORTION OF THE LEAD SERVICE LINE WITHIN FORTY-FIVE DAYS DUE TO THE NEGA-
 TIVE IMPACT SUCH A REPLACEMENT WOULD HAVE ON OTHER  PLANNED  OR  ONGOING
 LEAD  SERVICE  LINE REPLACEMENT PROJECTS, THE COVERED WATER SYSTEM SHALL
 NOTIFY THE DEPARTMENT OF THIS FACT AND SHALL REPLACE  THEIR  PORTION  OF
 THE  LEAD  SERVICE  LINE WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE THAT
 THE CUSTOMER COMPLETED THE REPLACEMENT OF THE CUSTOMER-OWNED PORTION  OF
 THE LEAD SERVICE LINE.
   (E)  IF  THE  CUSTOMER  FAILS TO FACILITATE THE COVERED WATER SYSTEM'S
 LEAD SERVICE LINE REPLACEMENT AT NO DIRECT CHARGE AND DOES  NOT  REPLACE
 THE  CUSTOMER-OWNED PORTION OF THE LEAD SERVICE LINE THROUGH THE CUSTOM-
 ER'S OWN AGENTS OR CONTRACTORS AND AT THE CUSTOMER'S OWN EXPENSE  WITHIN
 THE  FORTY-FIVE  DAY  PERIOD DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH
 (D) OF THIS SUBDIVISION, OR FAILS TO COMMUNICATE WITH OR  IS  NONRESPON-
 SIVE  TO  THE  COVERED WATER SYSTEM'S ATTEMPTED COMMUNICATIONS REGARDING
 THE LEAD SERVICE LINE REPLACEMENT PROGRAM OFFERED:
   (I) THE COVERED WATER SYSTEM SHALL SEEK ACCESS TO  THE  PROPERTY  FROM
 ANY  NON-CUSTOMER  OCCUPANT IN ORDER TO REPLACE ALL PORTIONS OF THE LEAD
 SERVICE LINE. A COVERED WATER SYSTEM ACTING IN GOOD FAITH THAT ENTERS  A
 CUSTOMER'S  PROPERTY  AND CONDUCTS A LEAD SERVICE LINE REPLACEMENT UNDER
 THIS SUBPARAGRAPH SHALL BE HELD HARMLESS BY AND IS  NOT  LIABLE  TO  THE
 CUSTOMER  WITH  RESPECT  TO  THE  ENTRY  OR THE REPLACEMENT. AN OCCUPANT
 ACTING IN GOOD FAITH THAT PROVIDES SUCH ACCESS  TO  THE  PROPERTY  SHALL
 ALSO  BE  HELD  HARMLESS  BY AND IS ALSO NOT LIABLE TO THE CUSTOMER WITH
 RESPECT TO THE ENTRY OR THE REPLACEMENT; OR
   (II) IF THERE IS NO NON-CUSTOMER OCCUPANT OF THE PROPERTY OR THE OCCU-
 PANT DOES NOT GRANT ACCESS, THE COVERED WATER SYSTEM SHALL  TAKE  ACTION
 CONSISTENT WITH ITS LOCALLY ADOPTED CODE TO SECURE ACCESS TO THE PROPER-
 TY  TO  REPLACE  ALL  PORTIONS  OF  A LEAD SERVICE LINE. A COVERED WATER
 SYSTEM ACTING IN GOOD  FAITH  THAT  ENTERS  A  CUSTOMER'S  PROPERTY  AND
 CONDUCTS A REPLACEMENT UNDER THIS SUBPARAGRAPH SHALL BE HELD HARMLESS BY
 AND  IS  NOT  LIABLE  TO  THE  CUSTOMER WITH RESPECT TO THE ENTRY OR THE
 REPLACEMENT.
   (F) A COVERED PUBLIC WATER SYSTEM SHALL WHEN FEASIBLE PRIORITIZE  LEAD
 SERVICE LINE REPLACEMENTS:
   (I) IN DISADVANTAGED COMMUNITIES; AND
   (II) AT DAYCARES, SCHOOLS, AND HOMES WITH CHILDREN WITH ELEVATED BLOOD
 LEAD LEVELS, WHEN DATA ON SUCH PROPERTIES IS AVAILABLE.
   (G)  THE  RELEVANT  OFFICES, AGENCIES, AND DEPARTMENTS OF THE STATE OF
 NEW YORK, THE CITY OF NEW YORK, AND ALL OTHER MUNICIPALITIES,  INCLUDING
 BUT  NOT  LIMITED TO TRANSPORTATION, PUBLIC WORKS, AND GENERAL SERVICES,
 A. 7878                             4
 
 SHALL, TO THE FULLEST EXTENT POSSIBLE, WORK WITH COVERED  WATER  SYSTEMS
 TO  PLAN  LEAD  SERVICE  LINE  REPLACEMENTS  IN COORDINATION WITH STREET
 REPAVINGS, PLANNED WATER INFRASTRUCTURE IMPROVEMENTS, OR OTHER MUNICIPAL
 INFRASTRUCTURE PROJECTS.
   (H)  EACH  LEAD SERVICE LINE REPLACED AFTER THE EFFECTIVE DATE OF THIS
 SECTION SHALL BE REPLACED WITH A COPPER  SERVICE  LINE.  NOTWITHSTANDING
 THE  FOREGOING,  THE  DEPARTMENT MAY AUTHORIZE A COVERED WATER SYSTEM TO
 USE AN ALTERNATIVE REPLACEMENT MATERIAL DUE TO CORROSIVE SOIL CONDITIONS
 WHICH WOULD CAUSE COPPER PIPE SLEEVING OR WRAPPING TO BE  INADEQUATE  TO
 PREVENT CORROSION.
   (I)  A  COVERED  WATER SYSTEM SHALL NOT CONDUCT A PARTIAL LEAD SERVICE
 LINE REPLACEMENT UNLESS SUCH A REPLACEMENT IS CONDUCTED AS  PART  OF  AN
 EMERGENCY REPAIR.
   (J)  WHEN  REQUESTED BY A CUSTOMER WITH A LEAD SERVICE LINE, A COVERED
 WATER SYSTEM SHALL PROVIDE TO THE CUSTOMER, AT NO CHARGE, A  PITCHER  OR
 POINT  OF  USE FILTER CERTIFIED BY AN AMERICAN NATIONAL STANDARDS INSTI-
 TUTE ACCREDITED CERTIFIER TO REDUCE LEAD, AT LEAST SIX MONTHS' WORTH  OF
 REPLACEMENT  CARTRIDGES, AND INSTRUCTIONS FOR USE. WHENEVER THE ENVIRON-
 MENTAL PROTECTION AGENCY REQUIRES A  COVERED  WATER  SYSTEM  TO  PROVIDE
 PITCHER OR POINT OF USE FILTERS AND REPLACEMENT CARTRIDGES TO CUSTOMERS,
 A  COVERED  WATER  SYSTEM  SHALL  PROVIDE SUCH FILTERS AND CARTRIDGES TO
 CUSTOMERS AT NO CHARGE.
   3. LEAD SERVICE LINE REPLACEMENT PLAN. THE DEPARTMENT SHALL  MAKE  THE
 MOST RECENT VERSION OF ALL LEAD SERVICE LINE REPLACEMENT PLANS AVAILABLE
 TO  THE PUBLIC ON THE DEPARTMENT'S WEBSITE WITHIN NINETY DAYS OF RECEIV-
 ING SUCH PLANS. EACH COVERED WATER SYSTEM SHALL  MAKE  ITS  MOST  RECENT
 LEAD  SERVICE  LINE  REPLACEMENT  PLAN  AVAILABLE  TO  THE PUBLIC ON ITS
 WEBSITE, IF SUCH A WEBSITE EXISTS.
   4. REPORTING REQUIREMENTS. (A) IN ADDITION TO THE INFORMATION THAT THE
 ENVIRONMENTAL PROTECTION AGENCY REQUIRES COVERED WATER SYSTEMS TO  ANNU-
 ALLY REPORT TO THE DEPARTMENT, COVERED WATER SYSTEMS SHALL ALSO ANNUALLY
 REPORT:
   (I)  THE NUMBER OF LEAD SERVICE LINES REPLACED IN DISADVANTAGED COMMU-
 NITIES; AT DAYCARES, SCHOOLS, AND  HOMES  WITH  CHILDREN  WITH  ELEVATED
 BLOOD   LEAD  LEVELS,  WHEN  KNOWN;  AND  IN  COORDINATION  WITH  STREET
 REPAVINGS, PLANNED WATER INFRASTRUCTURE IMPROVEMENTS, OR OTHER MUNICIPAL
 INFRASTRUCTURE PROJECTS; AND
   (II) HOW THE COVERED WATER SYSTEM HAS DISPOSED OF  EACH  LEAD  SERVICE
 LINE IT HAS REPLACED, WHERE EACH LEAD SERVICE LINE WAS REMOVED FROM, AND
 WHETHER AND WHERE ANY LEAD SERVICE LINES WERE LEFT IN THE GROUND.
   5.  FUNDING,  REGULATIONS AND GUIDANCE. (A) A COVERED WATER SYSTEM MAY
 USE STATE AND FEDERAL GRANTS AND LOANS, PROCEEDS FROM  MUNICIPAL  BONDS,
 WATER  RATE  REVENUE,  AND OTHER TYPES OF FUNDING TO INSPECT AND REPLACE
 LEAD SERVICE LINES, REGARDLESS OF  THE  OWNERSHIP  STATUS  OF  THE  LEAD
 SERVICE LINE OR THE TYPE OF PROPERTY ON WHICH IT IS LOCATED.
   (B) THE DEPARTMENT IS AUTHORIZED TO MAKE FUNDING AVAILABLE THROUGH THE
 CLEAN WATER INFRASTRUCTURE ACT, DRINKING WATER STATE REVOLVING FUND, AND
 OTHER  FUNDING SOURCES FOR THE PURPOSE OF IMPLEMENTING THE PROVISIONS OF
 THIS SECTION AND ANY REGULATIONS PROMULGATED THERETO.
   (C) THE DEPARTMENT SHALL ADOPT SUCH RULES AND REGULATIONS AS IT  DEEMS
 NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   (D) THE DEPARTMENT SHALL PROVIDE GUIDANCE TO COVERED WATER SYSTEMS AND
 LOCAL HEALTH DEPARTMENTS ON IMPLEMENTING THE PROVISIONS OF THIS SECTION.
   §  3.  If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 and  after exhaustion of all further judicial review, the judgment shall
 A. 7878                             5
 
 not affect, impair or invalidate the remainder  thereof,  but  shall  be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   § 4. This act shall take effect immediately.