Senate Bill S4644

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4644
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by Sens. KENNEDY, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed  to  the  Committee  on  Housing,
   Construction and Community Development
 
 AN  ACT  to  amend  the executive law, in relation to standards for fire
   hydrant systems; and providing for the repeal  of  certain  provisions
   upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by  adding  two
 new subdivisions 20 and 21 to read as follows:
   20. A. STANDARDS FOR FIRE HYDRANT SYSTEMS SHALL REQUIRE:
   (I)  PERIODIC  FIRE  HYDRANT  TESTS,  FIRE  HYDRANT FLUSHING, AND FIRE
 HYDRANT WATER FLOW TESTS AS REQUIRED BY THE DESIGNATED LOCAL OFFICIAL OR
 CONTRACTED DESIGNEE ACCORDING TO THE STANDARDS AND GUIDANCE  ESTABLISHED
 BY THE NATIONAL FIRE PROTECTION ASSOCIATION;
   (II)  PROVIDED,  HOWEVER, EACH FIRE HYDRANT SHALL BE FLUSHED ANNUALLY,
 AND FIRE HYDRANT WATER FLOW TESTS SHALL BE CONDUCTED A MINIMUM  OF  ONCE
 PER FIVE YEARS; AND
   (III)  RECORDS  OF FIRE HYDRANT TESTS, FIRE HYDRANT FLUSHING, AND FIRE
 HYDRANT WATER FLOW TESTS PERFORMED ON EACH FIRE HYDRANT SHALL  BE  MAIN-
 TAINED FOR A PERIOD OF AT LEAST TEN YEARS BY THE LOCAL AUTHORITY RESPON-
 SIBLE FOR CONDUCTING SUCH INSPECTIONS.
   B.  FOR  THE  PURPOSES OF THIS SECTION, A FIRE HYDRANT SYSTEM SHALL BE
 DEFINED AS A SYSTEM OF PIPES AND  VALVES  SITUATED  AND  MAINTAINED  FOR
 FIREFIGHTING PURPOSES DELIVERING A WATER SUPPLY WITH SUFFICIENT PRESSURE
 AND  FLOW  WITH  A  CONNECTION POINT BY WHICH FIREFIGHTERS CAN ACCESS IT
 WITHOUT RESTRICTION AS TO THE USE FOR THAT PURPOSE. THE LOCATION IS SUCH
 THAT IT IS ACCESSIBLE FOR IMMEDIATE USE OF THE  FIRE  AUTHORITY  AT  ALL
 TIMES.
   21.  THE  DEPARTMENT  OF  PUBLIC  SERVICE SHALL TRANSMIT A REQUEST FOR
 INFORMATION TO EACH WATER-WORKS CORPORATION SERVING  FIFTY  THOUSAND  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09354-01-3
              

 S. 4644                             2
 
 MORE WATER USERS, WATER AUTHORITY WITHIN THE STATE, AND MUNICIPAL PUBLIC
 WORKS  DEPARTMENT  REQUESTING  ANY  AND  ALL INFORMATION RELATED TO FIRE
 HYDRANT MAINTENANCE, SERVICING, TESTING, AND REPLACEMENT.
   A.  THE  DEPARTMENT OF PUBLIC SERVICE SHALL SEEK FROM EACH WATER-WORKS
 CORPORATION SERVING FIFTY THOUSAND OR MORE WATER USERS, WATER AUTHORITY,
 AND MUNICIPAL PUBLIC WORKS DEPARTMENT THE FOLLOWING INFORMATION:
   (I) ALL INVOICES ASSOCIATED WITH MAINTENANCE,  SERVICING,  INSPECTION,
 OR REPAIR OF FIRE HYDRANTS FOR A PERIOD OF AT LEAST ONE YEAR; AND
   (II)   ALL   RECORDS   ASSOCIATED  WITH  THE  MAINTENANCE,  SERVICING,
 INSPECTION, OR REPAIR OF FIRE HYDRANTS FOR A  PERIOD  OF  AT  LEAST  ONE
 YEAR.
   B.  EACH  WATER-WORKS CORPORATION SERVING FIFTY THOUSAND OR MORE WATER
 USERS, WATER  AUTHORITY,  OR  MUNICIPAL  PUBLIC  WORKS  DEPARTMENT  THAT
 RECEIVES A REQUEST FOR INFORMATION FROM THE DEPARTMENT OF PUBLIC SERVICE
 PURSUANT TO THIS SUBDIVISION SHALL COOPERATE FULLY WITH SUCH DEPARTMENT,
 PROVIDE  SUCH  INFORMATION IN A TIMELY MANNER, AND COMPLY WITH ANY OTHER
 REQUESTS AND REQUIREMENTS DEEMED APPROPRIATE BY SUCH DEPARTMENT.
   C. THE DEPARTMENT OF PUBLIC SERVICE SHALL ISSUE A REPORT WITHIN TWELVE
 MONTHS  OF  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION  ON  INFORMATION
 COLLECTED  FROM EACH WATER AUTHORITY AND PUBLIC WORKS DEPARTMENT REGARD-
 ING FIRE HYDRANT MAINTENANCE, SERVICING, INSPECTION, OR REPAIR.  SUCH  A
 REPORT  SHALL  INCLUDE A COMPREHENSIVE ANALYSIS OF THE FREQUENCY OF EACH
 AUTHORITY'S OR PUBLIC WORKS DEPARTMENT'S MAINTENANCE AND  INSPECTION  OF
 FIRE HYDRANTS. THE DEPARTMENT OF PUBLIC SERVICE SHALL INCLUDE ANY RECOM-
 MENDATIONS  THAT  WOULD ACHIEVE A MORE UNIFORM PERIOD OF HYDRANT MAINTE-
 NANCE AND INSPECTION. SUCH DEPARTMENT SHALL INCLUDE IN  THE  REPORT  THE
 IDENTITY  OF  ANY WATER-WORKS CORPORATION SERVING FIFTY THOUSAND OR MORE
 WATER USERS, WATER AUTHORITY, OR MUNICIPAL PUBLIC WORKS DEPARTMENT  THAT
 RECEIVED  A  REQUEST  FOR  INFORMATION  FROM  THE DEPARTMENT BUT DID NOT
 PROVIDE INFORMATION IN A TIMELY OR COMPLETE  MANNER.  IF  A  WATER-WORKS
 CORPORATION SERVING FIFTY THOUSAND OR MORE WATER USERS, WATER AUTHORITY,
 OR  MUNICIPAL PUBLIC WORKS DEPARTMENT IS NOT RESPONSIBLE FOR MAINTAINING
 AND INSPECTING FIRE HYDRANTS, A STATEMENT INDICATING  NO  RESPONSIBILITY
 TO  INSPECT  SHALL BE TRANSMITTED TO THE DEPARTMENT OF PUBLIC SERVICE IN
 RESPONSE TO ANY REQUEST FOR INFORMATION. SUCH DEPARTMENT  SHALL  POST  A
 COPY  OF THE FULL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, AND EACH MEMBER OF THE LEGISLATURE.
   § 2. This  act  shall  take  effect  immediately;  provided  that  the
 provisions  of  subdivision  21  of section 378 of the executive law, as
 added by section one of this act, shall expire and be deemed repealed on
 the one hundred twentieth day after the department of public service has
 submitted its completed report provided, further, that the department of
 public service shall notify the  legislative  bill  drafting  commission
 upon  the  occurrence of the submission of the completed report in order
 that the commission may maintain an accurate and timely  effective  data
 base of the official text of the laws of the state of New York in furth-
 erance  of  effectuating the provisions of section 44 of the legislative
 law and section 70-b of the public officers law.