NY State Senate Bill 2021-S641

Senate Bill S641

2021-2022 Legislative Session

Relates to the repair or replacement of damaged residential lateral sewer and water pipes

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Archive: Last Bill Status - In Assembly Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 16, 2022	referred to cities delivered to assembly passed senate
Feb 09, 2022	advanced to third reading
Feb 08, 2022	2nd report cal.
Feb 07, 2022	1st report cal.436
Jan 05, 2022	referred to cities 1 returned to senate died in assembly
May 10, 2021	referred to cities delivered to assembly passed senate
May 03, 2021	advanced to third reading
Apr 28, 2021	2nd report cal.
Apr 27, 2021	1st report cal.821
Jan 06, 2021	referred to cities 1

Votes

- Feb 16, 2022 - Floor Vote
  S641
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 16, 2022
      
      aye (45)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Griffo
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Feb 7, 2022 - Cities 1 Committee Vote
  S641
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: Feb 7, 2022
      
      aye (5)
      
      Cleare
      
      Hoylman-Sigal
      
      Jackson
      
      Persaud
      
      Sepúlveda
      
      nay (2)
      
      Lanza
      
      Martucci

co-Sponsors

2021-S641 (ACTIVE) - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §§24-316.1 & 24-531, NYC Ad Cd
Versions Introduced in 2021-2022 Legislative Session:: S641

2021-S641 (ACTIVE) - Summary

Requires public utility companies to repair or replace all damaged residential lateral sewer and water pipes where such damage was caused by such public utility company.

2021-S641 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S641

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to repair or replacement of damaged residential lateral sewer
and water pipes

 
PURPOSE OR GENERAL IDEA OF BILL:

Homeowners shall be reimbursed the full cost of any repairs that are the
result damages from a third party.

 
SUMMARY OF PROVISIONS:

Section 1. The administrative code of the city of New York is amended by
adding two new sections 24-316.1 and 24-531 to read as follows:

24-316.1 Water lateral pipe repair or replacement. Public Utilities
shall be responsible for the repair or replacement of all damaged resi-

dential lateral water pipes where such pipes have been damaged as a
result of actions or negligence of such public utility as determined by
the State of New York.

24-531 Sewer lateral pipe repair or replacement. Public Utilities shall
be responsible for the repair or replacement of all damaged residential
lateral water pipes where such pipes have been damaged as a result of
actions or negligence of such public utility as determined by the State
of New York.

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

Title 15 of the Rules of the City of New York places the financial cost
of inoperative or defective lines on the responsibility of the homeown-
er, in which they are forced to comply within 30 days of being issued
the order, which unsatisfied will result in shutting off of water
service. The cost to the homeowner, which can amount to ten of thousands
of dollars is a financial hardship that should not be endured when a
third party is at fault. Homeowners should not be burdened by damages
and costs that are no fault of their own but at the fault of a third
party, including but not limited to private utility companies.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S641 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    641
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to repair or replacement of damaged residential lateral sewer
   and water pipes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding two new sections 24-316.1 and 24-531 to read as follows:
   §  24-316.1  WATER  LATERAL PIPE REPAIR OR REPLACEMENT.  WHEN AT LEAST
 THREE PROPERTIES WITHIN A RADIUS OF SEVEN HUNDRED FIFTY FEET  HAVE  BEEN
 ISSUED  A THREE-DAY NOTICE TO REPAIR A DAMAGED RESIDENTIAL LATERAL WATER
 PIPE PURSUANT TO SUBDIVISION (P) OF SECTION 20-02 OF  TITLE  15  OF  THE
 RULES  OF  THE  CITY  OF  NEW YORK WITHIN A SIX-MONTH PERIOD, AND, AFTER
 INVESTIGATION BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE  CITY
 OF NEW YORK AND AN OPPORTUNITY TO SUBMIT EVIDENCE TO SUCH DEPARTMENT, IN
 ACCORDANCE  WITH RULES PROMULGATED BY SUCH DEPARTMENT, BY ANY APPLICABLE
 PUBLIC UTILITY COMPANY, AS DEFINED IN SECTION TWO OF THE PUBLIC  SERVICE
 LAW,  SUCH DEPARTMENT CONCLUDES, BASED ON SUBSTANTIAL EVIDENCE, THAT THE
 INFRASTRUCTURE, ELECTRIC CURRENT OR OTHER ACTIVITY OF  ANY  SUCH  PUBLIC
 UTILITY  COMPANY  WAS  A CAUSE OF SIGNIFICANT DAMAGE TO SUCH RESIDENTIAL
 LATERAL WATER PIPE, SUCH PUBLIC UTILITY COMPANY SHALL BE RESPONSIBLE FOR
 THE REPAIR OR REPLACEMENT OF SUCH PIPE.  IN  ANY  INVESTIGATION  BY  THE
 DEPARTMENT  OF  ENVIRONMENTAL  PROTECTION  PURSUANT TO THIS SECTION, THE
 APPLICABLE PUBLIC UTILITY COMPANY SHALL  COOPERATE  WITH  SUCH  INVESTI-
 GATION, AND COMPLY WITH ANY REQUESTS BY SUCH DEPARTMENT RELATING TO SUCH
 INVESTIGATION.  ANY  PUBLIC  UTILITY  FOUND  TO  HAVE CAUSED SIGNIFICANT
 DAMAGE, AFTER AN INVESTIGATION AS PROVIDED IN  THIS  SECTION,  SHALL  BE
 RESPONSIBLE  FOR  ALL  COSTS  ASSOCIATED  WITH  SUCH  INVESTIGATION, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03372-01-1

 S. 641                              2
 
 PAYMENT SHALL BE DUE FOR SUCH COSTS WITHIN SIXTY DAYS AFTER THE  DEPART-
 MENT OF ENVIRONMENTAL PROTECTION HAS ISSUED ITS CONCLUSION.
   §  24-531  SEWER  LATERAL  PIPE REPAIR OR REPLACEMENT.   WHEN AT LEAST
 THREE PROPERTIES WITHIN A RADIUS OF SEVEN HUNDRED FIFTY FEET  HAVE  BEEN
 ISSUED  A THREE-DAY NOTICE TO REPAIR A DAMAGED RESIDENTIAL LATERAL SEWER
 PIPE PURSUANT TO SUBDIVISION (P) OF SECTION 20-02 OF  TITLE  15  OF  THE
 RULES  OF  THE  CITY  OF  NEW YORK WITHIN A SIX-MONTH PERIOD, AND, AFTER
 INVESTIGATION BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE  CITY
 OF NEW YORK AND AN OPPORTUNITY TO SUBMIT EVIDENCE TO SUCH DEPARTMENT, IN
 ACCORDANCE  WITH RULES PROMULGATED BY SUCH DEPARTMENT, BY ANY APPLICABLE
 PUBLIC UTILITY COMPANY, AS DEFINED IN SECTION TWO OF THE PUBLIC  SERVICE
 LAW,  SUCH DEPARTMENT CONCLUDES, BASED ON SUBSTANTIAL EVIDENCE, THAT THE
 INFRASTRUCTURE, ELECTRIC CURRENT OR OTHER ACTIVITY OF  ANY  SUCH  PUBLIC
 UTILITY  COMPANY  WAS A CAUSE OF SIGNIFICANT DAMAGE FOR SUCH RESIDENTIAL
 LATERAL SEWER PIPE, SUCH PUBLIC UTILITY COMPANY SHALL BE RESPONSIBLE FOR
 THE REPAIR OR REPLACEMENT OF SUCH PIPE.  IN  ANY  INVESTIGATION  BY  THE
 DEPARTMENT  OF  ENVIRONMENTAL  PROTECTION  PURSUANT TO THIS SECTION, THE
 APPLICABLE PUBLIC UTILITY COMPANY SHALL  COOPERATE  WITH  SUCH  INVESTI-
 GATION, AND COMPLY WITH ANY REQUESTS BY SUCH DEPARTMENT RELATING TO SUCH
 INVESTIGATION.  ANY  PUBLIC  UTILITY  FOUND  TO  HAVE CAUSED SIGNIFICANT
 DAMAGE, AFTER AN INVESTIGATION AS PROVIDED IN  THIS  SECTION,  SHALL  BE
 RESPONSIBLE  FOR  ALL  COSTS  ASSOCIATED  WITH  SUCH  INVESTIGATION, AND
 PAYMENT SHALL BE DUE FOR SUCH COSTS WITHIN SIXTY DAYS AFTER THE  DEPART-
 MENT OF ENVIRONMENTAL PROTECTION HAS ISSUED ITS CONCLUSION.
   § 2. This act shall take effect immediately.

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Senate Bill S641

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Sponsored By

John C. Liu