Assembly Bill A10586A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8449                                                 A. 10586
 
                       S E N A T E - A S S E M B L Y
 
                                May 8, 2018
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE, ENGLEBRIGHT -- read once
   and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   statute  of  limitations  for  public  water  suppliers to commence an
   action for injury to property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-g to read as follows:
   §  214-G.  ACTION  TO RECOVER DAMAGES FOR INJURY TO PROPERTY BY PUBLIC
 WATER SUPPLIER. 1. IN THIS SECTION:
   (A) "CONTAMINANT" MEANS ANY  PHYSICAL,  CHEMICAL,  MICROBIOLOGICAL  OR
 RADIOLOGICAL SUBSTANCE OR MATTER IN WATER.
   (B)  "PUBLIC  WATER  SUPPLIER"  MEANS  A  COMMUNITY,  NONCOMMUNITY  OR
 NONTRANSIENT NONCOMMUNITY WATER SYSTEM THAT PROVIDES WATER TO THE PUBLIC
 FOR HUMAN CONSUMPTION THROUGH PIPES OR OTHER CONSTRUCTED CONVEYANCES, IF
 SUCH SYSTEM HAS AT LEAST FIVE SERVICE CONNECTIONS OR REGULARLY SERVES AN
 AVERAGE OF AT LEAST TWENTY-FIVE INDIVIDUALS DAILY AT  LEAST  SIXTY  DAYS
 OUT OF THE YEAR.
   (C)  "SOURCE OF WATER SUPPLY" MEANS ANY GROUNDWATER AQUIFER OR WATERC-
 OURSE FROM WHICH WATER  IS TAKEN EITHER PERIODICALLY OR CONTINUOUSLY FOR
 DRINKING, CULINARY OR FOOD-PROCESSING PURPOSES, OR WHICH HAS BEEN DESIG-
 NATED FOR PRESENT OR FUTURE USE AS A SOURCE OF WATER SUPPLY FOR DOMESTIC
 OR MUNICIPAL PURPOSES.
   (D) "PLANT INTAKE" MEANS THE WORKS OR STRUCTURES  AT  THE  HEAD  OF  A
 CONDUIT  THROUGH  WHICH  WATER IS DIVERTED FROM A SOURCE OF WATER SUPPLY
 INTO THE TREATMENT PLANT BY A PUBLIC WATER SUPPLIER.
   (E) "WELL" MEANS ANY EXCAVATION USED FOR OBTAINING WATER BY  A  PUBLIC
 WATER SUPPLIER.
   (F) "RAW WATER" MEANS WATER IMMEDIATELY BEFORE THE FIRST OR ONLY POINT
 OF DISINFECTION OR OTHER TREATMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15560-02-8

 S. 8449                             2                           A. 10586
 
   2.  NOTWITHSTANDING  THE PROVISIONS OF SECTION TWO HUNDRED FOURTEEN OR
 TWO HUNDRED FOURTEEN-C OF THIS ARTICLE, OR ANY OTHER PROVISION OF LAW TO
 THE CONTRARY, AN ACTION TO RECOVER DAMAGES FOR INJURY TO PROPERTY  OF  A
 PUBLIC  WATER SUPPLIER RESULTING FROM THE PRESENCE OF A CONTAMINANT IN A
 SOURCE  OF  WATER  SUPPLY  SHALL  BE COMMENCED WITHIN THREE YEARS OF THE
 LATEST OF ANY OF THE FOLLOWING:
   (A) THE DETECTION OF A CONTAMINANT IN THE RAW WATER OF  EACH  WELL  OR
 PLANT  INTAKE  SAMPLING  POINT  IN  EXCESS  OF ANY ACTION LEVEL, MAXIMUM
 CONTAMINANT LEVEL, OR MAXIMUM CONTAMINANT LEVEL GOAL ESTABLISHED BY  THE
 DEPARTMENT OF HEALTH OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY FOR THAT CONTAMINANT;
   (B)  THE  LAST  WRONGFUL ACT BY ANY PERSON WHOSE CONDUCT SUBSTANTIALLY
 CONTRIBUTED TO THE PRESENCE OF A CONTAMINANT IN A SOURCE OF WATER SUPPLY
 OR THE RAW WATER OF EACH WELL OR PLANT INTAKE SAMPLING POINT; OR
   (C) THE DATE THE CONTAMINANT IS NO LONGER DETECTED IN THE RAW WATER OF
 EACH WELL OR PLANT INTAKE SAMPLING POINT IN EXCESS OF ANY ACTION  LEVEL,
 MAXIMUM CONTAMINANT LEVEL, OR MAXIMUM CONTAMINANT LEVEL GOAL ESTABLISHED
 BY   THE  DEPARTMENT  OF  HEALTH  OR  THE  UNITED  STATES  ENVIRONMENTAL
 PROTECTION AGENCY FOR THAT CONTAMINANT.
   3. THIS THREE-YEAR PERIOD SHALL APPLY   TO EACH WELL  AND  EACH  PLANT
 INTAKE FOR EACH CONTAMINANT SEPARATELY, AND THE EXPIRATION OF THE THREE-
 YEAR  PERIOD AT ONE WELL OR PLANT INTAKE SHALL NOT AFFECT THE THREE-YEAR
 PERIOD FOR ANOTHER WELL OR PLANT INTAKE.
   4. NOTHING IN THIS SECTION SHALL  ABRIDGE  OR  LIMIT  A  PUBLIC  WATER
 SUPPLIER'S  RIGHT  TO  BRING  AN  ACTION  TO ABATE AN IMMINENT THREAT OF
 CONTAMINATION OF ANY WELL OR PLANT INTAKE OR TO RECOVER AS  DAMAGES  THE
 COSTS OF SUCH ABATEMENT.
   5.  ANY  ACTION  THAT IS BARRED OR HAS BEEN BARRED AS OF THE EFFECTIVE
 DATE OF THIS SECTION BECAUSE THE APPLICABLE  PERIOD  OF  LIMITATION  HAS
 EXPIRED  IS HEREBY REVIVED, AND SUCH ACTION THEREON MAY BE COMMENCED AND
 PROSECUTED PROVIDED SUCH ACTION IS COMMENCED WITHIN  TWO  YEARS  OF  THE
 EFFECTIVE DATE OF THIS SECTION.
   § 2. This at shall take effect immediately.