senate Bill S3337C

2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 04, 2019 returned to senate
passed assembly
ordered to third reading cal.521
substituted for a5477c
May 30, 2019 referred to codes
returned to assembly
repassed senate
May 20, 2019 amended on third reading 3337c
May 20, 2019 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
May 07, 2019 referred to judiciary
delivered to assembly
passed senate
May 01, 2019 amended on third reading 3337b
Mar 25, 2019 advanced to third reading
Mar 20, 2019 2nd report cal.
Mar 19, 2019 1st report cal.305
Mar 07, 2019 print number 3337a
Mar 07, 2019 amend and recommit to judiciary
Feb 05, 2019 referred to judiciary

Votes

view votes

Mar 19, 2019 - Judiciary committee Vote

S3337A
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S3337 - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

S3337 - 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.

S3337 - Sponsor Memo

S3337 - Bill Text download pdf


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

                                  3337

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced by Sens. GAUGHRAN, LAVALLE -- read twice and ordered printed,
  and when printed to be committed 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
DRINKING, CULINARY OR FOOD-PROCESSING PURPOSES, OR WHICH HAS BEEN DESIG-

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

Co-Sponsors

view additional co-sponsors

S3337A - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

S3337A - 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.

S3337A - Sponsor Memo

S3337A - Bill Text download pdf


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

                                 3337--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by Sens. GAUGHRAN, LAVALLE, THOMAS -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  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.
                                                           LBD03302-03-9

Co-Sponsors

view additional co-sponsors

S3337B - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

S3337B - 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.

S3337B - Sponsor Memo

S3337B - Bill Text download pdf


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

                                 3337--B
    Cal. No. 305

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by  Sens.  GAUGHRAN,  LAVALLE,  BROOKS,  HOYLMAN,  KAMINSKY,
  KAPLAN, METZGER, SKOUFIS, THOMAS -- read twice  and  ordered  printed,
  and  when  printed  to  be  committed to the Committee on Judiciary --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, ordered to first and second report, ordered to a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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.

Co-Sponsors

view additional co-sponsors

S3337C (ACTIVE) - Details

See Assembly Version of this Bill:
A5477
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, CPLR

S3337C (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.

S3337C (ACTIVE) - Sponsor Memo

S3337C (ACTIVE) - Bill Text download pdf


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

                                 3337--C
    Cal. No. 305

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced by Sens. GAUGHRAN, LAVALLE, BROOKS, HARCKHAM, HOYLMAN, KAMIN-
  SKY,  KAPLAN,  METZGER,  SERRANO,  SKOUFIS,  THOMAS  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading -- passed by Senate and delivered to the Assem-
  bly, recalled, vote reconsidered, restored to third  reading,  amended
  and ordered reprinted, retaining its place in the order of third read-
  ing

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

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