Assembly Bill A5477C

Signed By Governor
2019-2020 Legislative Session

Relates to the statute of limitations for public water suppliers to commence an action for injury to property

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S3337 - Signed by Governor

  • 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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Actions
Votes

Bill Amendments

co-Sponsors

2019-A5477 - Details

See Senate Version of this Bill:
S3337
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-A5477 - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-A5477 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5477
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of  A.  THIELE, STERN, LiPETRI, ENGLEBRIGHT, LAVINE,
   D'URSO, MONTESANO, MIKULIN, RAIA, RA -- 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 and wholesale  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 AND INCLUDES BUT IS NOT LIMIT-
 ED TO AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN  HUNDRED
 TWELVE OF THE PUBLIC HEALTH LAW.
   (B)  "PERSON"  MEANS  AN  INDIVIDUAL, CORPORATION, PUBLIC CORPORATION,
 COMPANY, ASSOCIATION, PARTNERSHIP, OR ENTITY OF  THE  STATE  OR  FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES 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 INDI-
 VIDUALS DAILY AT LEAST SIXTY DAYS OUT OF THE YEAR.
   (D) "WHOLESALE WATER SUPPLIER" MEANS A PERSON THAT  OWNS,  MANAGES  OR
 OPERATES  A  PUBLIC WATER SYSTEM THAT TREATS A SOURCE OF WATER SUPPLY AS
 NECESSARY TO PRODUCE FINISHED WATER AND THEN DELIVERS  SOME  OR  ALL  OF
 THAT FINISHED WATER TO A PUBLIC WATER SUPPLIER.
   (E)  "SOURCE OF WATER SUPPLY" MEANS ANY GROUNDWATER AQUIFER OR WATERC-
 OURSE FROM WHICH WATER  IS TAKEN EITHER PERIODICALLY OR CONTINUOUSLY FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A5477A - Details

See Senate Version of this Bill:
S3337
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-A5477A - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-A5477A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5477--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of  A.  THIELE, STERN, LiPETRI, ENGLEBRIGHT, LAVINE,
   D'URSO, MONTESANO, MIKULIN, RAIA, RA,  GOTTFRIED,  COLTON,  ZEBROWSKI,
   McDONOUGH, SCHMITT, DeSTEFANO -- read once and referred to the Commit-
   tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   statute  of limitations for public water suppliers and wholesale 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-h to read as follows:
   §  214-H.  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 AND INCLUDES BUT IS NOT LIMIT-
 ED  TO AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN HUNDRED
 TWELVE OF THE PUBLIC HEALTH LAW.
   (B) "PERSON" MEANS AN  INDIVIDUAL,  CORPORATION,  PUBLIC  CORPORATION,
 COMPANY,  ASSOCIATION,  PARTNERSHIP,  OR  ENTITY OF THE STATE OR FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES 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 INDI-
 VIDUALS DAILY AT LEAST SIXTY DAYS OUT OF THE YEAR.
   (D)  "WHOLESALE  WATER  SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR
 OPERATES A PUBLIC WATER SYSTEM THAT TREATS A SOURCE OF WATER  SUPPLY  AS
 NECESSARY  TO  PRODUCE  FINISHED  WATER AND THEN DELIVERS SOME OR ALL OF
 THAT FINISHED WATER TO A PUBLIC WATER SUPPLIER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A5477B - Details

See Senate Version of this Bill:
S3337
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-A5477B - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-A5477B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5477--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of  A.  THIELE, STERN, LiPETRI, ENGLEBRIGHT, LAVINE,
   D'URSO, MONTESANO, MIKULIN, RAIA, RA,  GOTTFRIED,  COLTON,  ZEBROWSKI,
   McDONOUGH,   SCHMITT,  DeSTEFANO,  JEAN-PIERRE,  ORTIZ,  L. ROSENTHAL,
   MAGNARELLI, REYES -- Multi-Sponsored by -- M. of A. DenDEKKER --  read
   once   and  referred  to  the  Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   statute of limitations for public water suppliers and wholesale  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-h to read as follows:
   § 214-H. CERTAIN ACTIONS BY PUBLIC WATER SUPPLIERS TO RECOVER  DAMAGES
 FOR INJURY TO PROPERTY. 1. IN THIS SECTION:
   (A)  "CONTAMINANT"  MEANS  ANY  PHYSICAL, CHEMICAL, MICROBIOLOGICAL OR
 RADIOLOGICAL SUBSTANCE OR MATTER IN WATER AND INCLUDES BUT IS NOT LIMIT-
 ED TO AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN  HUNDRED
 TWELVE OF THE PUBLIC HEALTH LAW.
   (B)  "PERSON"  MEANS  AN  INDIVIDUAL, CORPORATION, PUBLIC CORPORATION,
 COMPANY, ASSOCIATION, PARTNERSHIP, OR ENTITY OF  THE  STATE  OR  FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES 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 INDI-
 VIDUALS DAILY AT LEAST SIXTY DAYS OUT OF THE YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03302-10-9

co-Sponsors

multi-Sponsors

2019-A5477C (ACTIVE) - Details

See Senate Version of this Bill:
S3337
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

2019-A5477C (ACTIVE) - Summary

Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.

2019-A5477C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5477--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of  A.  THIELE, STERN, LiPETRI, ENGLEBRIGHT, LAVINE,
   D'URSO, MONTESANO, MIKULIN, RAIA, RA,  GOTTFRIED,  COLTON,  ZEBROWSKI,
   McDONOUGH,   SCHMITT,  DeSTEFANO,  JEAN-PIERRE,  ORTIZ,  L. ROSENTHAL,
   MAGNARELLI, REYES, JACOBSON, STIRPE -- Multi-Sponsored by -- M. of  A.
   DenDEKKER  --  read once and referred to the Committee on Judiciary --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   statute  of limitations for public water suppliers and wholesale 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-h to read as follows:
   §  214-H. CERTAIN ACTIONS BY PUBLIC WATER SUPPLIERS TO RECOVER DAMAGES
 FOR INJURY TO PROPERTY. 1. IN THIS SECTION:
   (A) "CONTAMINANT" MEANS ANY PHYSICAL, CHEMICAL, BIOLOGICAL  OR  RADIO-
 LOGICAL  SUBSTANCE OR MATTER IN WATER AND INCLUDES BUT IS NOT LIMITED TO
 AN EMERGING CONTAMINANT LISTED PURSUANT TO SECTION ELEVEN HUNDRED TWELVE
 OF THE PUBLIC HEALTH LAW.
   (B) "PERSON" MEANS AN  INDIVIDUAL,  CORPORATION,  PUBLIC  CORPORATION,
 COMPANY,  ASSOCIATION,  PARTNERSHIP,  OR  ENTITY OF THE STATE OR FEDERAL
 GOVERNMENT.
   (C) "PUBLIC WATER SUPPLIER" MEANS A PERSON THAT OWNS, MANAGES OR OPER-
 ATES 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03302-13-9

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