S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4869
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08102-01-3
              

 A. 4869                             2
 
 SERVICE  LINE  INVENTORIES  SHALL  BE  DEVELOPED  IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION.
   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;
 A. 4869                             3
 
   (C) THE TOTAL NUMBER OF SERVICE LINES CLASSIFIED AS LEAD,  GALVANIZED,
 OR UNKNOWN THAT WERE REPLACED OVER THE COURSE OF THE PREVIOUS YEAR; AND
   (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.