New York Assembly Bill A02181 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2181 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. PAULIN, BICHOTTE HERMELYN, STECK, REYES, COLTON, SEAWRIGHT, HEVESI, K. BROWN, SIMONE, ROSENTHAL, STERN, RIVERA, GONZA- LEZ-ROJAS, JENSEN, FORREST -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to lead service line identification The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 1114-c to read as follows: 3 § 1114-c. Lead service line identification. 1. For the purposes of 4 this section: 5 (a) "Covered water system" means (i) a public water system that serves 6 at least fifteen service connections used by year-round residents or 7 regularly serves at least twenty-five year-round residents; or (ii) a 8 public water system that regularly serves at least twenty-five of the 9 same people, four hours or more per day, for four or more days per week, 10 for twenty-six or more weeks per year. 11 (b) "Service line" means any piping connecting a water main to a 12 building inlet. 13 (c) "Galvanized service line" means iron or steel piping that has been 14 dipped in zinc to prevent corrosion and rusting. 15 (d) "Gooseneck, pigtail, or connector" means a short section of 16 piping, typically not exceeding two feet, which can be bent and used for 17 connections between rigid service piping, typically connecting the 18 service line to the water main. 19 (e) "Lead service line" means a service line made of lead or where a 20 portion of the service line is made of lead. A gooseneck, pigtail, or 21 connector made of lead shall be considered a lead service line, regard- 22 less of length and regardless of the material of the service line to 23 which such gooseneck, pigtail, or connector is attached. A galvanized EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04768-01-5 
 A. 2181 2 1 service line shall be considered a lead service line if it is currently 2 or ever was downstream of a lead service line or is currently downstream 3 in the direction of flow of a lead status unknown service line. If the 4 covered water system is unable to demonstrate that the galvanized 5 service line was never downstream of a lead service line, the galvanized 6 service line shall be considered a lead service line. 7 (f) "Customer" means an owner of real property served by the covered 8 public water system. 9 (g) "Property" means real property served by the covered public water 10 system. 11 (h) "Non-owner adult occupant" means a person, age eighteen or older, 12 other than the customer that is occupying, with the consent of the 13 customer, real property served by the covered water system, including 14 but not limited to tenants and occupants as defined in section two 15 hundred thirty-five-f of the real property law. 16 (i) "Locally adopted code" means any local law, local ordinance, or 17 covered water system rule or regulation. 18 2. When consent and access to a property cannot be readily obtained by 19 a covered water system for the purpose of conducting a free service line 20 inspection in order to determine the presence of a lead service line, 21 the covered water system shall give notice to the customer of such prop- 22 erty requesting consent and access. Any request to a customer shall 23 include a notification that failure to respond within thirty days shall 24 result in a non-owner adult occupant being authorized to consent to such 25 request. All customers must respond within thirty days to such a request 26 by a covered water system. 27 3. If a customer fails to respond within thirty days to such a 28 request, a covered water system may notify any non-owner adult occupant 29 of such outstanding request and accept the consent and access provided 30 by any non-owner adult occupant of the property in order to conduct a 31 free service line inspection. 32 4. If the consent and access of a customer or non-owner adult occupant 33 of a property is refused or cannot be readily obtained within thirty 34 days after notice has been given, the covered water system may take 35 actions consistent with its locally adopted code to secure such consent 36 and access. 37 5. Free service line inspections must occur within sixty days after a 38 customer or non-owner adult occupant has consented to an inspection 39 request by a covered water system. 40 6. This section shall not modify any existing liabilities or obli- 41 gations for any party in connection to conducting a service line 42 inspection, provided however that a non-owner adult occupant shall not 43 be liable for any actions resulting from consenting to and providing 44 access to conduct a service line inspection as authorized under this 45 section. 46 § 2. This act shall take effect immediately.