NY State Senate Bill 2025-S7238

Current Bill Status - In Senate Committee Environmental Conservation 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
Apr 04, 2025	referred to environmental conservation

2025-S7238 (ACTIVE) - Details

See Assembly Version of this Bill:: A7990
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §56-0203, En Con L; amd §1114, add §1170, Pub Health L

2025-S7238 (ACTIVE) - Summary

Relates to the criteria for financing certain lead service line and pipe replacements by the environmental facilities corporation.

2025-S7238 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7238

SPONSOR: BASKIN
 
TITLE OF BILL:

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

 
PURPOSE:

To revise and enhance the criteria used to allocate funding for lead
service line replacement projects, ensuring that resources are directed
to communities facing the highest cost burdens and health risks due to
lead contamination in their water systems.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Environmental Conservation Law by adding Section
56-0203, requiring the Environmental Facilities Corporation to update
its project approval criteria for lead service line replacements. The
revised criteria will consider the cost burden on households, the finan-

cial strain on water systems, the prevalence of childhood lead poison-
ing, and a water system's commitment to fully funding lead service line
replacements.

Section 2 amends Public Health Law Section 1114 to align the lead
service line replacement grant program with the updated funding crite-
ria, ensuring funds are equitably distributed based on financial and
public health considerations.

Section 3 adds Public Health Law Section 1170, reinforcing the revised
project approval process and outlining key factors for funding eligibil-
ity, including the age of housing stock and the water system's financial
commitment to full lead service line replacements.

Section 4 establishes that the act shall take effect immediately.

 
JUSTIFICATION:

Lead exposure poses a severe public health risk, particularly to chil-
dren, and remains a significant issue in older housing and water infras-
tructure systems. This bill ensures that state funding for lead service
line replacements is distributed based on the communities' most pressing
needs.

New York has an estimated 500,000 lead service lines that must be
replaced by 2037, requiring at least $500 million annually over the next
decade. While federal funding is available, it expires in 2026, leaving
many homeowners unable to afford replacements, which cost on average
$10,000 or more per line. Currently, lead service line funding is
combined with other water infrastructure projects in the budget, with no
dedicated allocation. A stand-alone $500 million budget line is neces-
sary to ensure transparency, accelerate replacements, and protect public
health by providing safe drinking water statewide.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

The costs of this bill would need lead service line replacement across
our State to be increased to $500,000,000. It is estimated that there
are 500,000 service lines in New York that contain lead and will cost $5
billion to replace every single line

 
EFFECTIVE DATE:
Immediately.

2025-S7238 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7238
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2025
                                ___________
 
 Introduced  by  Sen.  BASKIN -- read twice and ordered printed, and when
   printed to be committed 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
 S. 7238                             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:
 S. 7238                             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.

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Senate Bill S7238

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S7238 (ACTIVE) - Details

2025-S7238 (ACTIVE) - Summary

2025-S7238 (ACTIVE) - Sponsor Memo

2025-S7238 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7238

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Sponsored By

April Baskin

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S7238 (ACTIVE) - Details

2025-S7238 (ACTIVE) - Summary

2025-S7238 (ACTIVE) - Sponsor Memo

2025-S7238 (ACTIVE) - Bill Text download pdf

Comments