What's happening
This bill holds public utility companies responsible for repairing and covering costs for residential lateral water or sewer pipe damage they cause.
Why it matters
Establishes a clear threshold for action. The bill sets a specific trigger—when at least three properties within 750 feet receive repair notices within six months, it prompts a formal investigation into whether a public utility’s infrastructure or actions caused the damage. This makes it harder for utilities to dismiss isolated incidents as unrelated or coincidental.
Creates an official investigative process. The Department of Environmental Protection must conduct an investigation and allow utilities to submit evidence, ensuring due process. However, the final decision rests on “substantial evidence,” potentially leading to more objective outcomes.
Mandates utility cooperation and covers full costs. Utilities are required to comply fully with investigations and, if found responsible, must not only pay for pipe repairs/replacements but also cover all investigative costs within 60 days. This could incentivize better preventive practices and accountability from utilities.
Potentially relieves significant financial burden for homeowners. By shifting repair and investigation costs from individual homeowners to the utility company when the utility is at fault, the bill could reduce unexpected, substantial expenses for residents and provide a clearer path to remediation.
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Who cares
Headline styles
Hold Utilities Accountable for Pipe Damage
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Vetoed memo.217
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.516
- Substituted for A5254C
- Referred to codes
- Delivered to assembly
- Passed senateVote 54–8
- Amended on third reading 4118c
- Advanced to third reading
- 2nd report cal.
Show 7 earlier actions
- 1st report cal.861
- Print number 4118b
- Amend and recommit to finance
- Reported and committed to finance
- Print number 4118a
- 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 Liable for Pipe Damage
Assembly Floor Calendar · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4118--C Cal. No. 861
2019-2020 Regular Sessions
IN SENATE
February 28, 2019
Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08926-06-9
S. 4118--C 2
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.
§ 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To hold public utilities responsible for sewage and water pipe repairs when it has been determined that the utility is responsible for damages
Justification
Title 15 of the Rules of the City of New York places the financial cost of inoperative or defective water lines on the responsibility of the homeowner, in which they are forced to comply within 30 days of being issued the order. If the order is unsatisfied, it will result in the shutting off of water service.
In at least 2 locations in New York City, 188th Street, Queens, and 3521 Avenue D, Brooklyn have experienced multiple water and sewer pipe leaks due to corrosion by underground stray electrical current, both deemed to have been caused by infrastructure managed by a public utility. Another possible site along Winchester Blvd. in Queens is showing a similar pattern of multiple water leaks.
These leaks are incredibly damaging to our cities roads and infrastruc- ture. As well, under current law, the homeowners still bear the respon- sibility and financial cost of repeatedly replacing their water pipes, despite determinations by the Departmental of Environmental Protection that a public utility is at fault. Without any ability to cure the stray current causing damage to their water pipes, the homeowners at each site have been force to continually replace their pipes or experiment with different technology in hopes of preventing the continual leaks. Some homeowners have had to replace their pipes up to 3 times. The cost to some of the homeowners, has been over ten thousand dollars each.
Homeowners should not be burdened by damages and costs that are of no fault of their own but are the fault of a public utility company, whose are responsible for maintaining their own infrastructure.
Fiscal implications for state and local governments
None
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.