Senate Bill S8165

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8165

                            I N  S E N A T E

                              July 6, 2016
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation  to  standards  for  fire
  hydrant  systems;  and  providing for the repeal of certain provisions
  upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 378 of the executive law is amended by adding two
new subdivisions 17 and 18 to read as follows:
  17. A. STANDARDS FOR FIRE HYDRANT SYSTEMS SHALL REQUIRE:
  (I) PERIODIC TESTS AS  REQUIRED  BY  THE  CODE  ENFORCEMENT  OFFICIAL,
PROVIDED  THAT EACH HYDRANT BE TESTED FOR PROPER FUNCTIONALITY A MINIMUM
OF ONCE PER YEAR; AND
  (II) RECORDS OF INSPECTIONS PERFORMED ON EACH  HYDRANT  BE  MAINTAINED
FOR  A  PERIOD OF AT LEAST FIVE YEARS BY THE LOCAL AUTHORITY RESPONSIBLE
FOR CONDUCTING SUCH INSPECTIONS.
  B. FOR THE PURPOSES OF THIS SECTION, A FIRE HYDRANT  SYSTEM  SHALL  BE
DEFINED  AS  A  SYSTEM  OF  PIPES AND VALVES SITUATED AND MAINTAINED FOR
FIREFIGHTING PURPOSES DELIVERING A WATER SUPPLY WITH SUFFICIENT PRESSURE
AND FLOW WITH A CONNECTION POINT BY WHICH  FIREFIGHTERS  CAN  ACCESS  IT
WITHOUT RESTRICTION AS TO THE USE FOR THAT PURPOSE. THE LOCATION IS SUCH
THAT  IT  IS  ACCESSIBLE  FOR IMMEDIATE USE OF THE FIRE AUTHORITY AT ALL
TIMES.
  18. THE DEPARTMENT OF PUBLIC SERVICE  SHALL  TRANSMIT  A  REQUEST  FOR
INFORMATION  TO  EACH  WATER-WORKS CORPORATION SERVING FIFTY THOUSAND OR
MORE WATER USERS, WATER AUTHORITY WITHIN THE STATE, AND MUNICIPAL PUBLIC
WORKS DEPARTMENT REQUESTING ANY AND  ALL  INFORMATION  RELATED  TO  FIRE
HYDRANT MAINTENANCE, SERVICING, TESTING, AND REPLACEMENT.
  A.  THE  DEPARTMENT OF PUBLIC SERVICE SHALL SEEK FROM EACH WATER-WORKS
CORPORATION SERVING FIFTY THOUSAND OR MORE WATER USERS, WATER AUTHORITY,
AND MUNICIPAL PUBLIC WORKS DEPARTMENT THE FOLLOWING INFORMATION:
  (I) ALL INVOICES ASSOCIATED WITH MAINTENANCE,  SERVICING,  INSPECTION,
OR REPAIR OF FIRE HYDRANTS FOR A PERIOD OF AT LEAST ONE YEAR; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15919-01-6
              

S. 8165                             2

  (II)   ALL   RECORDS   ASSOCIATED  WITH  THE  MAINTENANCE,  SERVICING,
INSPECTION, OR REPAIR OF FIRE HYDRANTS FOR A  PERIOD  OF  AT  LEAST  ONE
YEAR.
  B.  EACH  WATER-WORKS CORPORATION SERVING FIFTY THOUSAND OR MORE WATER
USERS, WATER  AUTHORITY,  OR  MUNICIPAL  PUBLIC  WORKS  DEPARTMENT  THAT
RECEIVES A REQUEST FOR INFORMATION FROM THE DEPARTMENT OF PUBLIC SERVICE
PURSUANT TO THIS SUBDIVISION SHALL COOPERATE FULLY WITH SUCH DEPARTMENT,
PROVIDE  SUCH  INFORMATION IN A TIMELY MANNER, AND COMPLY WITH ANY OTHER
REQUESTS AND REQUIREMENTS DEEMED APPROPRIATE BY SUCH DEPARTMENT.
  C. THE DEPARTMENT OF PUBLIC SERVICE SHALL ISSUE A REPORT ON OR  BEFORE
JULY  FIRST,  TWO  THOUSAND SEVENTEEN ON INFORMATION COLLECTED FROM EACH
WATER AUTHORITY AND PUBLIC WORKS DEPARTMENT REGARDING FIRE HYDRANT MAIN-
TENANCE, SERVICING, INSPECTION, OR REPAIR. SUCH A REPORT SHALL INCLUDE A
COMPREHENSIVE ANALYSIS OF THE FREQUENCY OF EACH  AUTHORITY'S  OR  PUBLIC
WORKS  DEPARTMENT'S  MAINTENANCE  AND  INSPECTION  OF FIRE HYDRANTS. THE
DEPARTMENT OF PUBLIC SERVICE  SHALL  INCLUDE  ANY  RECOMMENDATIONS  THAT
WOULD   ACHIEVE  A  MORE  UNIFORM  PERIOD  OF  HYDRANT  MAINTENANCE  AND
INSPECTION. SUCH DEPARTMENT SHALL INCLUDE IN THE REPORT THE IDENTITY  OF
ANY  WATER-WORKS CORPORATION SERVING FIFTY THOUSAND OR MORE WATER USERS,
WATER AUTHORITY, OR MUNICIPAL PUBLIC WORKS DEPARTMENT  THAT  RECEIVED  A
REQUEST FOR INFORMATION FROM THE DEPARTMENT BUT DID NOT PROVIDE INFORMA-
TION  IN A TIMELY OR COMPLETE MANNER. IF A WATER-WORKS CORPORATION SERV-
ING FIFTY THOUSAND OR MORE WATER USERS, WATER  AUTHORITY,  OR  MUNICIPAL
PUBLIC  WORKS DEPARTMENT IS NOT RESPONSIBLE FOR MAINTAINING AND INSPECT-
ING FIRE HYDRANTS, A STATEMENT INDICATING NO RESPONSIBILITY  TO  INSPECT
SHALL  BE TRANSMITTED TO THE DEPARTMENT OF PUBLIC SERVICE IN RESPONSE TO
ANY REQUEST FOR INFORMATION. SUCH DEPARTMENT SHALL POST A  COPY  OF  THE
FULL  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, AND EACH MEMBER OF THE LEGISLATURE.
  S 2. This  act  shall  take  effect  immediately;  provided  that  the
provisions  of  subdivision  18  of section 378 of the executive law, as
added by section one of this act, shall expire and be deemed repealed on
the one hundred twentieth day after the department of public service has
submitted its completed report provided, further, that the department of
public service shall notify the  legislative  bill  drafting  commission
upon  the  occurrence of the submission of the completed report in order
that the commission may maintain an accurate and timely  effective  data
base of the official text of the laws of the state of New York in furth-
erance  of  effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.