S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7990
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the public health
   law,  in  relation  to the criteria for financing certain lead service
   line and pipe replacements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 56-0203 to read as follows:
 § 56-0203. REPLACEMENTS OF LEAD SERVICE LINES AND PIPES.
   1. THE ENVIRONMENTAL FACILITIES CORPORATION SHALL REVISE CRITERIA  FOR
 THE  APPROVAL OF PROJECTS TO FINANCE LEAD SERVICE LINE AND PIPE REPLACE-
 MENTS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE COST BURDEN OF THE
 REPLACEMENT PER HOUSEHOLD IN THE  COMMUNITY,  THE  COST  BURDEN  OF  THE
 REPLACEMENT  PER  HOUSEHOLD ON THE WATER SYSTEM, THE INCIDENCE OF CHILD-
 HOOD LEAD POISONING WITHIN THE WATER SYSTEM, THE ACTION LIMIT  FOR  LEAD
 IN  THE  WATER  SYSTEM, AND THE WATER SYSTEM'S COMMITMENT TO FUNDING THE
 FULL COSTS OF THE FULL REPLACEMENT OF LEAD SERVICE LINES, INCLUDING BOTH
 THE WATER SYSTEM AND THE PROPERTY OWNER'S PORTIONS  OF  A  LEAD  SERVICE
 LINE.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "SERVICE  LINE"  MEANS  ANY  PIPING  CONNECTING A WATER MAIN TO A
 BUILDING INLET.
   (B) "LEAD SERVICE LINE" MEANS A SERVICE LINE MADE OF LEAD OR  WHERE  A
 PORTION OF THE SERVICE LINE IS MADE OF LEAD.
   (C)  "ACTION  LIMIT  FOR LEAD" MEANS THE OCCURRENCE WHEN THE NINETIETH
 PERCENTILE OF ALL TAP WATER SAMPLES IN A WATER  SYSTEM  EXCEEDS  FIFTEEN
 PARTS PER BILLION, AS ESTABLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY
 OR THE STATE DEPARTMENT OF HEALTH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09669-03-5
 A. 7990                             2
 
              

   § 2. Section 1114 of the public health law, as amended by section 8 of
 part  MM  of  chapter  57  of  the  laws  of 2018, is amended to read as
 follows:
   § 1114. Lead service line replacement grant program. 1. The department
 shall  allocate appropriated funds equitably among regions of the state.
 Within each region, the  department  shall  [give  priority  to  munici-
 palities  that  have  a high percentage of elevated childhood blood lead
 levels, based on the most recent available  data.  In  distributing  the
 awards  allocated  for  each region to such priority municipalities, the
 department shall also consider whether the community is low  income  and
 the  number of lead service lines in need of replacement] SCORE PROJECTS
 ON THE FOLLOWING CRITERIA; THE COST BURDEN OF THE REPLACEMENT PER HOUSE-
 HOLD ON THE WATER SYSTEM, THE  INCIDENCE  OF  CHILDHOOD  LEAD  POISONING
 WITHIN  THE WATER SYSTEM, THE ACTION LIMIT FOR LEAD IN THE WATER SYSTEM,
 AND THE WATER SYSTEM'S COMMITMENT TO FUNDING THE FULL COSTS OF THE  FULL
 REPLACEMENT  OF  LEAD SERVICE LINES, INCLUDING BOTH THE WATER SYSTEM AND
 THE PROPERTY OWNER'S PORTIONS OF A LEAD SERVICE LINE.
   2. The department may request that such  municipalities  provide  such
 documentation  as  the department may require to confirm award eligibil-
 ity.
   [2.] 3. Further, the department shall establish a statewide  plan  for
 lead  service  line  replacement,  which  shall include, at a minimum, a
 report on  the  implementation  of  subdivision  one  of  this  section,
 resources  and  techniques for identifying lead service lines throughout
 the state, the cost of replacing lead service lines, recommendations for
 municipalities on methods for evaluating  the  status  of  lead  service
 lines present and guidance on replacement.
   [3.]  4.  The department shall publish information, application forms,
 procedures and guidelines relating to the program on its website and  in
 a manner that is accessible to the public and all potential award recip-
 ients.
   5. FOR THE PURPOSES OF THIS SECTION:
   (A)  "SERVICE  LINE"  MEANS  ANY  PIPING  CONNECTING A WATER MAIN TO A
 BUILDING INLET, WHETHER OWNED BY THE WATER SYSTEM OR THE PROPERTY OWNER.
   (B) "LEAD SERVICE LINE" MEANS A SERVICE LINE MADE OF LEAD OR  WHERE  A
 PORTION OF THE SERVICE LINE IS MADE OF LEAD.
   (C)  "WATER SYSTEM" MEANS THE MUNICIPALITY OR WATER AUTHORITY OR OTHER
 PUBLIC ENTITY RESPONSIBLE FOR PUBLIC WATER SUPPLY IN A MUNICIPALITY.
   (D) "ACTION LIMIT FOR LEAD" MEANS THE OCCURRENCE  WHEN  THE  NINETIETH
 PERCENTILE  OF  ALL  TAP WATER SAMPLES IN A WATER SYSTEM EXCEEDS FIFTEEN
 PARTS PER BILLION, AS ESTABLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY
 OR THE DEPARTMENT.
   § 3. The public health law is amended by adding a new section 1170  to
 read as follows:
   §  1170.  REPLACEMENTS  OF LEAD SERVICE LINES AND PIPES. 1. THE CORPO-
 RATION SHALL REVISE CRITERIA FOR THE APPROVAL  OF  PROJECTS  TO  FINANCE
 LEAD SERVICE LINE AND PIPE REPLACEMENTS WHICH SHALL INCLUDE:
   (A)  THE  COST  BURDEN  OF  THE REPLACEMENT PER HOUSEHOLD IN THE WATER
 SYSTEM;
   (B) THE AGE OF THE HOUSING STOCK WITHIN THE WATER SYSTEM;
   (C) THE INCIDENCE OF CHILDHOOD LEAD POISONING WITHIN THE WATER SYSTEM;
   (D) THE ACTION LIMIT FOR LEAD IN THE WATER SYSTEM; AND
   (E) THE WATER SYSTEM'S COMMITMENT TO FUNDING THE  FULL  COSTS  OF  THE
 FULL  REPLACEMENT OF LEAD SERVICE LINES, INCLUDING BOTH THE WATER SYSTEM
 AND PROPERTY OWNERS PORTIONS OF A LEAD SERVICE LINE.
   2. FOR PURPOSES OF THIS SECTION:
 A. 7990                             3
 
   (A) "SERVICE LINE" MEANS ANY PIPING  CONNECTING  A  WATER  MAIN  TO  A
 BUILDING INLET, WHETHER OWNED BY THE WATER SYSTEM OR THE PROPERTY OWNER.
   (B)  "LEAD  SERVICE LINE" MEANS A SERVICE LINE MADE OF LEAD OR WHERE A
 PORTION OF THE SERVICE LINE IS MADE OF LEAD.
   (C) "WATER SYSTEM" MEANS THE MUNICIPALITY OR WATER AUTHORITY OR  OTHER
 PUBLIC ENTITY RESPONSIBLE FOR PUBLIC WATER SUPPLY IN A MUNICIPALITY.
   (D)  "ACTION  LIMIT  FOR LEAD" MEANS THE OCCURRENCE WHEN THE NINETIETH
 PERCENTILE OF ALL TAP WATER SAMPLES IN A WATER  SYSTEM  EXCEEDS  FIFTEEN
 PARTS PER BILLION, AS ESTABLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY
 OR THE DEPARTMENT.
   § 4. This act shall take effect immediately.