S T A T E O F N E W Y O R K
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10582
I N A S S E M B L Y
July 6, 2022
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to enacting the lead
pipe right to know act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "lead pipe right to know act".
§ 2. The public health law is amended by adding a new section 1114-b
to read as follows:
§ 1114-B. SERVICE LINE INVENTORIES AND MAPPING. 1. DEFINITIONS. FOR
THE PURPOSES OF THIS SECTION:
(A) "SERVICE LINE" MEANS ANY PIPING, TUBING, AND FITTINGS CONNECTING A
WATER MAIN TO A BUILDING THAT SERVES A CUSTOMER OF A COVERED PUBLIC
WATER SYSTEM. "SERVICE LINE" INCLUDES THE PORTION OF THE SERVICE LINE
BETWEEN THE WATER MAIN AND THE CURB BOX, AND THE PORTION OF THE SERVICE
LINE BETWEEN THE CURB BOX AND THE BUILDING.
(B) "GOOSENECK, PIGTAIL, OR CONNECTOR" MEANS A SHORT SECTION OF
PIPING, TYPICALLY NOT EXCEEDING TWO FEET, WHICH CAN BE BENT AND USED FOR
CONNECTIONS BETWEEN RIGID PORTIONS OF A SERVICE LINE.
(C) "GALVANIZED SERVICE LINE" MEANS IRON OR STEEL PIPING THAT HAS BEEN
DIPPED IN ZINC TO PREVENT CORROSION AND RUSTING.
(D) "COVERED PUBLIC WATER SYSTEM" MEANS (I) A PUBLIC WATER SYSTEM THAT
SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY YEAR-ROUND RESIDENTS OR
REGULARLY SERVES AT LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS; OR (II) A
PUBLIC WATER SYSTEM THAT REGULARLY SERVES AT LEAST TWENTY-FIVE OF THE
SAME PEOPLE, FOUR HOURS OR MORE PER DAY, FOR FOUR OR MORE DAYS PER WEEK,
FOR TWENTY-SIX OR MORE WEEKS PER YEAR.
2. EACH COVERED PUBLIC WATER SYSTEM SHALL, BY REVIEWING THEIR WRITTEN
RECORDS, DEVELOP A SERVICE LINE INVENTORY TO IDENTIFY THE MATERIAL
COMPOSITION OF ALL SERVICE LINES CONNECTED TO ITS DISTRIBUTION SYSTEM.
SERVICE LINE INVENTORIES SHALL BE DEVELOPED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15873-01-2
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3. EACH SERVICE LINE CONNECTED TO A COVERED PUBLIC WATER SYSTEM'S
DISTRIBUTION SYSTEM SHALL BE LISTED IN SERVICE LINE INVENTORIES AND
CLASSIFIED AS ONE OF THE CATEGORIES SET FORTH IN PARAGRAPHS (A) THROUGH
(F) OF THIS SUBDIVISION. WHERE THE PORTION OF THE SERVICE LINE BETWEEN
THE WATER MAIN AND THE CURB BOX IS OF A DIFFERENT MATERIAL THAN THE
PORTION OF THE SERVICE LINE BETWEEN THE CURB BOX AND THE BUILDING,
SERVICE LINE INVENTORIES SHALL LIST AND CLASSIFY EACH PORTION OF THE
SERVICE LINE SEPARATELY.
(A) "LEAD" WHERE THE SERVICE LINE IS MADE OF LEAD. SERVICE LINES WITH
GOOSENECKS, PIGTAILS, OR CONNECTORS MADE OF LEAD SHALL BE CLASSIFIED AS
LEAD, REGARDLESS OF THE MATERIAL OF THE SERVICE LINE TO WHICH GOOSE-
NECKS, PIGTAILS, OR CONNECTORS MADE OF LEAD ARE ATTACHED. COVERED PUBLIC
WATER SYSTEMS MAY DIVIDE SERVICE LINES CLASSIFIED AS LEAD INTO TWO
SUBCATEGORIES WITH ONE FOR SERVICE LINES MADE OF LEAD AND THE OTHER FOR
SERVICE LINES WITH ONLY GOOSENECKS, PIGTAILS, OR CONNECTORS MADE OF
LEAD.
(B) "GALVANIZED" WHERE THE SERVICE LINE IS A GALVANIZED SERVICE LINE,
REGARDLESS OF THE MATERIAL OF THE SERVICE LINE THAT A GALVANIZED SERVICE
LINE IS OR WAS DOWNSTREAM OF. COVERED PUBLIC WATER SYSTEMS MAY DIVIDE
SERVICE LINES CLASSIFIED AS GALVANIZED INTO TWO SUBCATEGORIES WITH ONE
FOR GALVANIZED SERVICE LINES THAT ARE OR WERE DOWNSTREAM OF A SERVICE
LINE CLASSIFIED AS LEAD AND THE OTHER FOR GALVANIZED SERVICE LINES THAT
ARE NOT OR WERE NOT DOWNSTREAM OF A SERVICE LINE CLASSIFIED AS LEAD.
(C) "COPPER" WHERE THE SERVICE LINE IS MADE OF COPPER.
(D) "PLASTIC" WHERE THE SERVICE LINE IS MADE OF PLASTIC.
(E) "OTHER MATERIAL" WHERE A SERVICE LINE IS MADE OF A MATERIAL OTHER
THAN LEAD, GALVANIZED, COPPER, OR PLASTIC.
(F) "UNKNOWN" WHERE THE SERVICE LINE MATERIAL IS NOT KNOWN TO BE LEAD,
GALVANIZED, COPPER, PLASTIC, OR OTHER MATERIAL, SUCH AS WHERE THERE IS
NO DOCUMENTED EVIDENCE SUPPORTING MATERIAL CLASSIFICATION.
4. EACH SERVICE LINE INVENTORY SHALL ALSO INCLUDE:
(A) THE STREET ADDRESS OF EACH SERVICE LINE; AND
(B) THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS LEAD, GALVANIZED,
COPPER, PLASTIC, OTHER MATERIAL, OR UNKNOWN CONNECTED TO THE COVERED
PUBLIC WATER SYSTEM'S DISTRIBUTION SYSTEM.
5. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
EACH COVERED PUBLIC WATER SYSTEM SHALL ELECTRONICALLY SUBMIT TO THE
DEPARTMENT AN INITIAL SERVICE LINE INVENTORY. THE DEPARTMENT MAY
PRESCRIBE DATA MANAGEMENT MEANS AND METHODS FOR INVENTORY SUBMISSIONS BY
PUBLIC WATER SYSTEMS FOR UNIFORMITY PURPOSES.
6. COVERED PUBLIC WATER SYSTEMS WHOSE INVENTORIES CONTAIN ANY SERVICE
LINES CLASSIFIED AS LEAD, GALVANIZED, OR UNKNOWN SHALL ELECTRONICALLY
SUBMIT UPDATED SERVICE LINE INVENTORIES TO THE DEPARTMENT AT LEAST ANNU-
ALLY. UPDATED SERVICE LINE INVENTORIES SHALL REFLECT INFORMATION GATH-
ERED DURING ANY SERVICE LINE REPLACEMENTS OR SERVICE LINE MATERIAL
INSPECTIONS THAT MAY HAVE BEEN CONDUCTED. UPDATED SERVICE LINE INVENTO-
RIES SHALL ADDITIONALLY INCLUDE:
(A) FOR EACH SERVICE LINE CLASSIFIED AS ONE OF THE CLASSIFICATIONS IN
PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION THREE OF THIS SECTION,
SUPPORTING INFORMATION DETAILING THE REASONS WHY EACH SUCH SERVICE LINE
WAS GIVEN THE CLASSIFICATION;
(B) FOR EACH SERVICE LINE CLASSIFIED AS UNKNOWN, A DESCRIPTION DETAIL-
ING THE STEPS BEING TAKEN TO DETERMINE THE MATERIAL COMPOSITION OF THE
SERVICE LINE;
(C) THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS LEAD, GALVANIZED,
OR UNKNOWN THAT WERE REPLACED OVER THE COURSE OF THE PREVIOUS YEAR; AND
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(D) THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS UNKNOWN THAT WERE
DETERMINED TO BE LEAD, GALVANIZED, COPPER, PLASTIC, OR OTHER MATERIAL
OVER THE COURSE OF THE PREVIOUS YEAR.
7. EACH COVERED PUBLIC WATER SYSTEM SHALL MAKE ITS MOST RECENT SERVICE
LINE INVENTORY AVAILABLE TO THE PUBLIC ON ITS WEBSITE IF IT OR ITS
AFFILIATED LOCAL GOVERNMENT ENTITY MAINTAINS AND OPERATES A WEBSITE.
8. NO LATER THAN THIRTY DAYS AFTER RECEIVING INITIAL AND UPDATED
SERVICE LINE INVENTORIES, THE DEPARTMENT SHALL MAKE SUCH INVENTORIES
AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
9. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION, THE DEPARTMENT SHALL MAKE THE INFORMATION FROM EACH
SERVICE LINE INVENTORY AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S
WEBSITE IN THE FORM OF AN INTERACTIVE MAP OR MAPS. SUCH INTERACTIVE MAP
OR MAPS SHALL INCLUDE, FOR EACH SERVICE LINE:
(A) MATERIAL CLASSIFICATION;
(B) STREET ADDRESS; AND
(C) THE BASIS FOR THE SERVICE LINE CLASSIFICATION IN PARAGRAPHS (A)
THROUGH (E) OF SUBDIVISION THREE OF THIS SECTION.
10. THE DEPARTMENT'S INTERACTIVE MAP OR MAPS SHALL BE SEARCHABLE BY
ADDRESS, AND COLOR-CODED WHERE APPLICABLE TO DESIGNATE MATERIAL CLASSI-
FICATION. THE DEPARTMENT'S INTERACTIVE MAP OR MAPS SHALL BE UPDATED AT
LEAST ANNUALLY, IN CONJUNCTION WITH THE SUBMISSION OF UPDATED SERVICE
LINE INVENTORIES BY COVERED PUBLIC WATER SYSTEMS.
11. THE DEPARTMENT SHALL ADOPT SUCH RULES AND REGULATIONS AS IT DEEMS
NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 3. This act shall take effect immediately.