What's happening
This bill requires public utility companies to pay for repairs if their infrastructure causes significant damage to residential sewer or water pipes.
Why it matters
Establishes a clear process for determining liability. The bill outlines a formal investigation procedure by the Department of Environmental Protection to assess whether a public utility’s actions (such as infrastructure work or electric current) caused significant damage to multiple residential water or sewer pipes in a specific area.
Shifts financial burden away from homeowners. If the utility is found responsible, it must cover not only the repair or replacement costs for the damaged pipes but also the costs of the investigation, protecting residents from potentially large, unexpected expenses.
Requires utility cooperation and sets payment deadlines. Utilities are legally obligated to cooperate fully with municipal investigations and must pay all associated costs within 60 days if found liable, increasing accountability and ensuring timely remediation.
Targets patterns of damage rather than isolated incidents. The law only applies when at least three properties within 750 feet are affected within six months, aiming to address systemic or recurrent infrastructure issues rather than one-off problems, which could incentivize utilities to maintain their infrastructure more carefully in vulnerable neighborhoods.
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Who cares
New York City residential property owners
The bill would make utilities responsible for repairing or replacing damaged lateral water or sewer pipes when a cluster of repair notices triggers an investigation and the city finds utility activity caused significant damage.
Public utility companies
Utilities would have to cooperate with investigations and, if found responsible for significant pipe damage, repair or replace the pipes and pay investigation costs within 60 days of the city's conclusion.
New York City Department of Environmental Protection
The department would investigate cases involving at least three properties within 750 feet receiving repair notices within six months, give utilities an opportunity to submit evidence and determine responsibility based on substantial evidence.
Headline styles
Hold Utilities Liable for Pipe Damage
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by S4118C
- Amended on third reading 5254c
- Advanced to third reading cal.516
- Reported
- Reported referred to codes
- Print number 5254b
- Amend and recommit to cities
- Print number 5254a
- Amend and recommit to cities
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Hold Utilities Accountable for Pipe Damage
Vetoed · Sponsor John Liu
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5254--C Cal. No. 516
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
Introduced by M. of A. WEPRIN, ROZIC, WRIGHT, PERRY -- read once and referred to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
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 Assembly, 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08926-07-9
A. 5254--C 2
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 department 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 investigation, 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 department of environmental protection has issued its conclusion.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.