S T A T E O F N E W Y O R K
________________________________________________________________________
7878--A
2025-2026 Regular Sessions
I N A S S E M B L Y
April 11, 2025
___________
Introduced by M. of A. PAULIN, ROMERO, McDONALD, STECK, LEVENBERG,
COLTON, LUNSFORD, JACOBSON, REYES, SHIMSKY, KELLES, ROSENTHAL,
GALLAGHER, SANTABARBARA, WRIGHT, HEVESI, SHRESTHA, BURDICK, HUNTER,
HOOKS, SIMON, MEEKS, ALVAREZ, RAJKUMAR, WOERNER, BORES, SCHIAVONI,
STIRPE, MORENO, TAPIA, CUNNINGHAM, GONZALEZ-ROJAS, SEAWRIGHT, EACHUS,
BRONSON, LEE, DILAN, VALDEZ, CONRAD, MAGNARELLI, KIM, SOLAGES, ZINER-
MAN, K. BROWN, R. CARROLL, P. CARROLL -- read once and referred to the
Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to enacting the lead
pipe replacement 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 replacement act".
§ 2. The public health law is amended by adding a new section 1114-c
to read as follows:
§ 1114-C. LEAD SERVICE LINE REPLACEMENT. 1. DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION:
(A) "COVERED WATER SYSTEM" MEANS (I) A PUBLIC WATER SYSTEM THAT SERVES
AT LEAST FIFTEEN 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.
(B) "SERVICE LINE" MEANS ANY PIPING CONNECTING A WATER MAIN TO THE
BUILDING PLUMBING AT THE FIRST SHUT-OFF VALVE INSIDE THE BUILDING, OR
EIGHTEEN INCHES INSIDE THE BUILDING, WHICHEVER IS SHORTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10763-06-6
A. 7878--A 2
(C) "GALVANIZED SERVICE LINE" MEANS A SERVICE LINE MADE OF IRON OR
STEEL THAT HAS BEEN DIPPED IN ZINC TO PREVENT CORROSION AND RUSTING.
(D) "GALVANIZED-REQUIRING-REPLACEMENT SERVICE LINE" MEANS A GALVANIZED
SERVICE LINE THAT CURRENTLY IS OR EVER WAS DOWNSTREAM OF A LEAD SERVICE
LINE; OR IS CURRENTLY DOWNSTREAM OF A LEAD STATUS UNKNOWN SERVICE LINE.
FOR THIS DEFINITION, DOWNSTREAM MEANS IN THE DIRECTION OF FLOW THROUGH
THE SERVICE LINE. IF THE COVERED WATER SYSTEM IS UNABLE TO DEMONSTRATE
THAT THE GALVANIZED SERVICE LINE WAS NEVER DOWNSTREAM OF A LEAD SERVICE
LINE, IT IS A GALVANIZED-REQUIRING-REPLACEMENT SERVICE LINE.
(E) "CONNECTOR" MEANS A SHORT SEGMENT OF PIPING NOT EXCEEDING THREE
FEET THAT CAN BE BENT AND IS USED FOR CONNECTIONS BETWEEN SERVICE
PIPING, TYPICALLY CONNECTING THE SERVICE LINE TO THE WATER MAIN. A
CONNECTOR MAY ALSO BE REFERRED TO AS A GOOSENECK OR PIGTAIL.
(F) "LEAD CONNECTOR" MEANS A CONNECTOR MADE OF LEAD.
(G) "LEAD SERVICE LINE" MEANS A SERVICE LINE MADE OF LEAD OR WHERE A
PORTION OF THE SERVICE LINE IS MADE OF LEAD. FOR THE PURPOSES OF THIS
SECTION, A LEAD-LINED GALVANIZED SERVICE LINE AND A GALVANIZED-REQUIR-
ING-REPLACEMENT SERVICE LINE SHALL BE CONSIDERED TO BE LEAD SERVICE
LINES. FOR THE PURPOSES OF THIS SECTION, THE MATERIAL STATUS OF A
CONNECTOR SHALL NOT DETERMINE WHETHER A SERVICE LINE IS A LEAD SERVICE
LINE, PROVIDED HOWEVER THAT A LEAD CONNECTOR ATTACHED TO A LEAD SERVICE
LINE SHALL BE CONSIDERED PART OF THE LEAD SERVICE LINE.
(H) "LEAD STATUS UNKNOWN SERVICE LINE" MEANS A SERVICE LINE WHOSE PIPE
MATERIAL HAS NOT BEEN DEMONSTRATED TO BE A LEAD SERVICE LINE, GALVAN-
IZED-REQUIRING-REPLACEMENT SERVICE LINE, OR A NON-LEAD SERVICE LINE. FOR
THE PURPOSES OF THIS SECTION, A LEAD STATUS UNKNOWN CONNECTOR SHALL NOT
BE CONSIDERED TO BE A LEAD STATUS UNKNOWN SERVICE LINE.
(I) "PARTIAL LEAD SERVICE LINE REPLACEMENT" MEANS REPLACEMENT OF ANY
PORTION OF A LEAD SERVICE LINE THAT LEAVES IN SERVICE ANY LENGTH OF A
LEAD SERVICE LINE UPON COMPLETION OF THE WORK.
(J) "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS DEFINED
IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
(K) "ELEVATED LEAD LEVELS" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION THIRTEEN HUNDRED SEVENTY OF THIS CHAPTER.
(L) "CUSTOMER" MEANS AN OWNER OF REAL PROPERTY SERVED BY THE COVERED
WATER SYSTEM.
(M) "PROPERTY" MEANS REAL PROPERTY SERVED BY A COVERED WATER SYSTEM.
(N) "ENVIRONMENTAL PROTECTION AGENCY" MEANS THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY.
(O) "LOCALLY ADOPTED CODE" MEANS ANY LOCAL LAW, LOCAL ORDINANCE, OR
COVERED WATER SYSTEM RULE OR REGULATION.
(P) "DISTRIBUTION SYSTEM" MEANS ALL PIPES, SERVICE LINES, CONNECTORS,
AND APPURTENANCES USED TO DELIVER POTABLE WATER FROM THE WATER MAIN TO A
BUILDING CONNECTION, INCLUDING ANY PORTION OF A SERVICE LINE LOCATED ON
PRIVATE PROPERTY OR OTHERWISE OWNED BY A CUSTOMER.
2. LEAD SERVICE LINE REPLACEMENT REQUIREMENTS. (A) A COVERED WATER
SYSTEM SHALL PERFORM OR CAUSE TO BE PERFORMED THE REPLACEMENT OF ALL
LEAD SERVICE LINES WITHIN ITS DISTRIBUTION SYSTEM, IN ACCORDANCE WITH
THE PROCEDURES IDENTIFIED IN THIS SECTION, NO LATER THAN NOVEMBER FIRST,
TWO THOUSAND THIRTY-SEVEN. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
REQUIRE A COVERED WATER SYSTEM TO REPLACE CUSTOMER-OWNED PORTIONS OF
LEAD SERVICE LINES IF SUCH CUSTOMER REFUSES REPLACEMENT AFTER NOTICE HAS
BEEN PROVIDED AS REQUIRED UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
(B) A COVERED WATER SYSTEM SHALL ESTABLISH A LEAD SERVICE LINE
REPLACEMENT PROGRAM. SUCH PROGRAM SHALL OFFER TO REPLACE ALL PORTIONS OF
A LEAD SERVICE LINE AT NO DIRECT CHARGE TO ANY CUSTOMER WITH A LEAD
A. 7878--A 3
SERVICE LINE, AND SHALL COVER THE COSTS OF PLANNING, CONSTRUCTION,
RECONSTRUCTION, RESTORATION, CUSTOMER ENGAGEMENT, AND ANY OTHER ACTIV-
ITIES RELATED TO LEAD SERVICE LINE REPLACEMENT. FOR THE PURPOSES OF
THIS SECTION, A DIRECT CHARGE SHALL NOT INCLUDE REVENUES RAISED THROUGH
WATER RATE INCREASES. A COVERED WATER SYSTEM SHALL MAKE NO LESS THAN
FOUR ATTEMPTS TO NOTIFY CUSTOMERS AND OFFER LEAD SERVICE LINE REPLACE-
MENTS AT NO DIRECT CHARGE TO EACH CUSTOMER WITH A LEAD SERVICE LINE ON
THEIR PROPERTY, USING AT LEAST TWO DISTINCT METHODS OF COMMUNICATION TO
PROVIDE NOTICE, OR UNTIL SUCH CUSTOMER ACCEPTS SUCH REPLACEMENT OR
REPLACES THE LEAD SERVICE LINE AT THE CUSTOMER'S OWN EXPENSE.
(C) UPON BEING OFFERED A LEAD SERVICE LINE REPLACEMENT AT NO DIRECT
CHARGE BY THE COVERED WATER SYSTEM, ANY CUSTOMER SERVED BY A LEAD
SERVICE LINE OWNED BY THE CUSTOMER IN WHOLE OR IN PART, AND WHOSE PROP-
ERTY IS REGISTERED PURSUANT TO A STATE OR LOCAL RENTAL REGISTRATION
REQUIREMENT SHALL EITHER:
(I) FACILITATE THE COVERED WATER SYSTEM'S REPLACEMENT OF ALL PORTIONS
OF THE LEAD SERVICE LINE AT NO DIRECT CHARGE, INCLUDING BY PROVIDING
ACCESS TO THE CUSTOMER'S PROPERTY AND PROVIDING ANY INFORMATION NECES-
SARY FOR THE REPLACEMENT REQUESTED BY THE COVERED WATER SYSTEM; OR
(II) OPT-OUT OF THE COVERED WATER SYSTEM'S LEAD SERVICE LINE REPLACE-
MENT PROGRAM BY REPLACING THE CUSTOMER-OWNED PORTION OF THE LEAD SERVICE
LINE THROUGH THE CUSTOMER'S OWN AGENTS OR CONTRACTORS AND AT THE CUSTOM-
ER'S OWN EXPENSE. IF THE CUSTOMER ELECTS TO REPLACE THE CUSTOMER-OWNED
PORTION OF THE LEAD SERVICE LINE UNDER THIS SUBPARAGRAPH, THE CUSTOMER
SHALL SUBMIT A CERTIFICATION BY A LICENSED PLUMBER THAT THE REPLACEMENT
OCCURRED TO THE DEPARTMENT AND COVERED WATER SYSTEM, IN A MANNER THAT
MAY BE DETERMINED BY THE COMMISSIONER IN REGULATIONS, WITHIN ONE HUNDRED
EIGHTY DAYS OF THE COVERED WATER SYSTEM FIRST COMMUNICATING THE AVAIL-
ABILITY OF THE LEAD SERVICE LINE REPLACEMENT PROGRAM. IF A CUSTOMER
NOTIFIES THE COVERED WATER SYSTEM THAT THEY INTEND TO REPLACE OR HAVE
REPLACED THE CUSTOMER-OWNED PORTION OF THE LEAD SERVICE LINE, THE
COVERED WATER SYSTEM SHALL REPLACE, AT NO CHARGE TO THE CUSTOMER, THE
PORTION OF THE LEAD SERVICE LINE OWNED BY THE COVERED WATER SYSTEM AT
THE SAME TIME AS, OR WITHIN FORTY-FIVE DAYS OF, THE CUSTOMER-INITIATED
REPLACEMENT. IF THE COVERED WATER SYSTEM CANNOT REPLACE THEIR PORTION OF
THE LEAD SERVICE LINE WITHIN FORTY-FIVE DAYS DUE TO THE NEGATIVE IMPACT
SUCH A REPLACEMENT WOULD HAVE ON OTHER PLANNED OR ONGOING LEAD SERVICE
LINE REPLACEMENT PROJECTS, THE COVERED WATER SYSTEM SHALL NOTIFY THE
DEPARTMENT OF THIS FACT AND SHALL REPLACE THEIR PORTION OF THE LEAD
SERVICE LINE WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE THAT THE CUSTOM-
ER COMPLETED THE REPLACEMENT OF THE CUSTOMER-OWNED PORTION OF THE LEAD
SERVICE LINE.
(III) A CUSTOMER'S FAILURE TO FILE OR FILING A FALSE CERTIFICATE AS
REQUIRED UNDER THIS SECTION SHALL BE SUBJECT TO CIVIL PENALTIES UNDER
SECTION TWELVE OF THIS CHAPTER, IN ADDITION TO ANY OTHER PENALTIES THAT
MAY APPLY PER A COVERED WATER SYSTEM'S LOCALLY ADOPTED CODE.
(D) A COVERED WATER SYSTEM SHALL WHEN PRACTICABLE PRIORITIZE LEAD
SERVICE LINE REPLACEMENTS:
(I) IN DISADVANTAGED COMMUNITIES; AND
(II) AT DAYCARES, SCHOOLS, AND HOMES WITH CHILDREN WITH ELEVATED BLOOD
LEAD LEVELS, WHEN DATA ON SUCH PROPERTIES IS AVAILABLE.
(E) THE RELEVANT OFFICES, AGENCIES, AND DEPARTMENTS OF THE STATE OF
NEW YORK, THE CITY OF NEW YORK, AND ALL OTHER MUNICIPALITIES, INCLUDING
BUT NOT LIMITED TO TRANSPORTATION, PUBLIC WORKS, AND GENERAL SERVICES,
SHALL, TO THE FULLEST EXTENT POSSIBLE, WORK WITH COVERED WATER SYSTEMS
TO PLAN LEAD SERVICE LINE REPLACEMENTS IN COORDINATION WITH STREET
A. 7878--A 4
REPAVINGS, PLANNED WATER INFRASTRUCTURE IMPROVEMENTS, OR OTHER MUNICIPAL
INFRASTRUCTURE PROJECTS.
(F) EACH LEAD SERVICE LINE REPLACED AFTER THE EFFECTIVE DATE OF THIS
SECTION SHALL BE REPLACED WITH A COPPER SERVICE LINE. NOTWITHSTANDING
THE FOREGOING, THE DEPARTMENT MAY AUTHORIZE A COVERED WATER SYSTEM TO
USE AN ALTERNATIVE REPLACEMENT MATERIAL DUE TO CORROSIVE SOIL CONDITIONS
WHICH WOULD CAUSE COPPER PIPE SLEEVING OR WRAPPING TO BE INADEQUATE TO
PREVENT CORROSION. COVERED WATER SYSTEMS SHALL NOT BE REQUIRED TO
REPLACE ANY NON-LEAD SERVICE LINES INSTALLED BEFORE THE EFFECTIVE DATE
OF THIS SECTION.
(G) A COVERED WATER SYSTEM SHALL NOT CONDUCT A PARTIAL LEAD SERVICE
LINE REPLACEMENT UNLESS SUCH A REPLACEMENT IS CONDUCTED AS PART OF AN
EMERGENCY REPAIR.
(H) WHEN REQUESTED BY A CUSTOMER WITH A LEAD SERVICE LINE, A COVERED
WATER SYSTEM SHALL PROVIDE TO THE CUSTOMER, AT NO CHARGE, A PITCHER OR
POINT OF USE FILTER CERTIFIED BY AN AMERICAN NATIONAL STANDARDS INSTI-
TUTE ACCREDITED CERTIFIER TO REDUCE LEAD, AT LEAST SIX MONTHS' WORTH OF
REPLACEMENT CARTRIDGES, AND INSTRUCTIONS FOR USE. WHENEVER THE ENVIRON-
MENTAL PROTECTION AGENCY REQUIRES A COVERED WATER SYSTEM TO PROVIDE
PITCHER OR POINT OF USE FILTERS AND REPLACEMENT CARTRIDGES TO CUSTOMERS,
A COVERED WATER SYSTEM SHALL PROVIDE SUCH FILTERS AND CARTRIDGES TO
CUSTOMERS AT NO CHARGE.
3. LEAD SERVICE LINE REPLACEMENT PLAN. (A) IN ADDITION TO THE INFORMA-
TION THAT THE ENVIRONMENTAL PROTECTION AGENCY REQUIRES COVERED WATER
SYSTEMS TO INCLUDE IN ITS LEAD SERVICE LINE REPLACEMENT PLAN, A COVERED
WATER SYSTEM SHALL ALSO INCLUDE INFORMATION ON WHETHER ITS LOCALLY
ADOPTED CODE OR OPERATIONAL STANDARDS EVER REQUIRED OR ALLOWED THE USE
OF LEAD CONNECTORS, NEVER ALLOWED THE USE OF LEAD CONNECTORS, PROHIBITED
OR DOCUMENTED THE END OF THE INSTALLATION OF LEAD CONNECTORS IN A
CERTAIN YEAR, OR NEVER ADDRESSED THE USE OF LEAD CONNECTORS.
(B) THE DEPARTMENT SHALL MAKE THE MOST RECENT VERSION OF ALL LEAD
SERVICE LINE REPLACEMENT PLANS AVAILABLE TO THE PUBLIC ON THE DEPART-
MENT'S WEBSITE WITHIN NINETY DAYS OF RECEIVING SUCH PLANS. EACH COVERED
WATER SYSTEM SHALL MAKE ITS MOST RECENT LEAD SERVICE LINE REPLACEMENT
PLAN AVAILABLE TO THE PUBLIC ON ITS WEBSITE, IF SUCH A WEBSITE EXISTS.
4. REPORTING REQUIREMENTS. A COVERED WATER SYSTEM SHALL REPORT, VIA
ITS LEAD SERVICE LINE INVENTORY REQUIRED BY SECTION ELEVEN HUNDRED FOUR-
TEEN-B OF THIS TITLE, EACH LEAD SERVICE LINE LEFT IN THE GROUND AFTER IT
WAS REPLACED WITH A NON-LEAD SERVICE LINE.
5. FUNDING, REGULATIONS AND AUTHORITY. (A) A COVERED WATER SYSTEM MAY
USE STATE AND FEDERAL GRANTS AND LOANS, PROCEEDS FROM MUNICIPAL BONDS,
WATER RATE REVENUE, PROPERTY TAX REVENUE AND OTHER TYPES OF FUNDING TO
INSPECT AND REPLACE LEAD SERVICE LINES AND LEAD CONNECTORS WITHIN ITS
DISTRIBUTION SYSTEM, INCLUDING ANY PORTIONS OF LEAD SERVICE LINES OR
LEAD CONNECTORS LOCATED ON PRIVATE PROPERTY OR OTHERWISE OWNED BY A
CUSTOMER. SUCH REPLACEMENTS SHALL BE AUTHORIZED AND CONSIDERED A PUBLIC
PURPOSE AND WITHIN THE POWERS OF THE COVERED WATER SYSTEM, AND COVERED
WATER SYSTEMS MAY EXPEND AVAILABLE, APPROPRIATE AND LAWFUL PUBLIC FUNDS
FOR SUCH PURPOSE.
(B) THE DEPARTMENT IS AUTHORIZED TO MAKE FUNDING AVAILABLE THROUGH THE
CLEAN WATER INFRASTRUCTURE ACT, DRINKING WATER STATE REVOLVING FUND, AND
OTHER FUNDING SOURCES FOR THE PURPOSE OF IMPLEMENTING THE PROVISIONS OF
THIS SECTION AND ANY REGULATIONS PROMULGATED THERETO.
(C) THE DEPARTMENT SHALL ADOPT SUCH RULES AND REGULATIONS AS IT DEEMS
NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
A. 7878--A 5
(D) THE DEPARTMENT SHALL PROVIDE GUIDANCE TO COVERED WATER SYSTEMS AND
LOCAL HEALTH DEPARTMENTS ON IMPLEMENTING THE PROVISIONS OF THIS SECTION.
§ 3. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be invalid
and after exhaustion of all further judicial review, the judgment shall
not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, section or
part of this act directly involved in the controversy in which the judg-
ment shall have been rendered.
§ 4. This act shall take effect immediately.