NY State Senate Bill 2015-S3236B

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2016	print number 3236b
Apr 04, 2016	amend and recommit to health
Mar 30, 2016	print number 3236a
Mar 30, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Feb 03, 2015	referred to health

Bill Amendments

Original

B (Active)

2015-S3236 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1102, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7495
2017-2018: S2490

2015-S3236 - Summary

Enacts the "well water and water supply education act".

2015-S3236 - Sponsor Memo

                                BILL NUMBER:S3236

TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the "well water and water supply education act"

PURPOSE:

To enact the "well water and water supply education act."

SUMMARY OF PROVISIONS:

Section 1 of the bill establishes that the act shall be known and may
be cited as the "well water and water supply education act."

Section 2 of the bill amends paragraph (b) of subdivision 2 of section
1102 of the public health law to include consequential damages as part
of a recovery. Further, this bill will add a new subdivision 4 to
paragraph (b) of subdivision 2 of section 1102 of the public health
law that will read: notwithstanding any provision of law to the
contrary, any action to recover damages brought by the person,
officer, board, or commission having the management and control of the
potable water supply of a municipality, state or United States
institution, park, reservation or post, or in the city of New York,
the commissioner or environmental protection, or the board of water
supply of the city of New York, or any entity furnishing such potable
water supply pursuant to this chapter shall be commenced no later than

ten years after the detection of a contaminant at levels exceeding one
half of the applicable maximum contaminant level, or within three
years after the effective date of the chapter of the laws of 2014
which added this subdivision, whichever is later.

Section 3 of the bill provides for an immediate effective date and
shall be deemed to have been in full force and effect on and after
January 1, 2014.

JUSTIFICATION:

Clean water is essential to our health and our quality of life
throughout the State of New York. In recent years, contamination of
our potable water supply, both with regard to our surface waters and
the underground aquifers, has been a widespread and increasingly
frequent problem. As a result, many New York communities and water
districts have been burdened with the costly task of testing, cleaning
and treating the water to make it safe for their residents, as well as
the ongoing burden of monitoring the quality of the remediated water
supplies. The constituents and rate payers of those water districts
and municipalities should not bear the expense of costly remediation
systems when the contamination can be traced to the negligent or
illegal activities of some industrial organization or other entity.

New York State law does not adequately protect the water supply at
this time. The State currently imposes a three-year deadline for
making a claim to seek monetary damages arising from harmful
substances leaking into our water supply wells, reservoirs and
aquifers. That deadline begins to run on the date that the damages are
discovered or the date by which they should have been discovered by a
"reasonably diligent party," whichever is earlier. As a result of this


relatively vague standard, courts have recognized a wide variety of
triggers for the limit of time for which a water provider can bring a
claim.

Without a definitive trigger for the time to file a claim that is
recognized by all New York State courts, water providers cannot know
for certain what contamination-related event to watch out for and when
they should take legal action in order to best protect their rights
and by extension, those of the citizens.

A well-defined trigger and a longer time to file a claim are necessary
to best protect the purity of New York State's drinking water and the
health of its residents. This proposed bill will allow for a ten year
timeframe to bring a claim that is triggered by the detection of a
contaminant at levels exceeding one half of the applicable maximum
contaminant level, or within three years of this amendment being
signed, whichever is later. If this bill becomes law, innocent rate
payers will no longer be forced to shoulder the financial burden of
restoring their drinking water supply to the safe and clean state they
deserve.

LEGISLATIVE HISTORY:

S.7495 (2014)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately and will be deemed to have been in full force and effect
on and after January 1, 2015.

2015-S3236 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3236

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to enacting the "well
  water and water supply education act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "well water
and water supply education act".
  S  2.  Paragraph  (b)  of  subdivision 2 of section 1102 of the public
health law is amended and a new  subdivision  4  is  added  to  read  as
follows:
  (b)  If  the  local board of health of the health district wherein the
violation or noncompliance occurs, fails to enforce  the  order  of  the
commissioner within ten days after its receipt, the corporation furnish-
ing  such  water  supply or the municipality, state, or United States or
state or United States institution, park, reservation or  post  deriving
its  water  supply  from  the  waters  to  which such rule or regulation
relates, or the commissioner, or the local board of health of the health
district wherein the water supply protected by these rules is  used,  or
any  person  interested  in  the  protection  of the purity of the water
supply, may maintain an action in a court of record which shall be tried
in the county where the cause of action arose against such  person,  for
the recovery of the penalties AND CONSEQUENTIAL DAMAGES incurred by such
violation,  and  for an injunction restraining the person violating such
rule or regulation from the continued violation thereof.
  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY ACTION TO
RECOVER DAMAGES BROUGHT BY THE PERSON,  OFFICER,  BOARD,  OR  COMMISSION
HAVING THE MANAGEMENT AND CONTROL OF THE POTABLE WATER SUPPLY OF A MUNI-
CIPALITY, STATE OR UNITED STATES INSTITUTION, PARK, RESERVATION OR POST,
OR   IN  THE  CITY  OF  NEW  YORK,  THE  COMMISSIONER  OF  ENVIRONMENTAL
PROTECTION, OR THE BOARD OF WATER SUPPLY OF THE CITY OF NEW YORK, OR ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08459-01-5

S. 3236                             2

ENTITY FURNISHING SUCH POTABLE WATER SUPPLY  PURSUANT  TO  THIS  CHAPTER
SHALL  BE  COMMENCED  NO  LATER  THAN TEN YEARS AFTER THE DETECTION OF A
CONTAMINANT AT LEVELS EXCEEDING  ONE  HALF  OF  THE  APPLICABLE  MAXIMUM
CONTAMINANT LEVEL, OR WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF THE
CHAPTER  OF  THE  LAWS OF TWO THOUSAND FIFTEEN WHICH ADDED THIS SUBDIVI-
SION, WHICHEVER IS LATER.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2015.

2015-S3236A - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1102, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7495
2017-2018: S2490

2015-S3236A - Summary

Enacts the "well water and water supply education act".

2015-S3236A - Sponsor Memo

                                 BILL NUMBER:  S3236A

 PURPOSE :

To enact the "well water and water supply education act."

 SUMMARY OF PROVISIONS :

Section 1 of the bill establishes that the act shall be known and may
be cited as the "well water and water supply education act."

Section 2 of the bill amends paragraph (b) of subdivision 2 of section
1102 of the public health law to include consequential damages as part
of a recovery. Further, this bill will add a new subdivision 4 to
paragraph (b) of subdivision 2 of section 1102 of the public health
law that will read: notwithstanding any provision of law to the
contrary, any action to recover damages brought by the person,
officer, board, or commission having the management and control of the
potable water supply of a municipality, state or United States
institution, park, reservation or post, or in the city of New York,
the commissioner or environmental protection, or the board of water
supply of the city of New York, or any entity furnishing such potable
water supply pursuant to this chapter shall be commenced no later than
ten years after the detection of a contaminant at levels exceeding one
half of the applicable maximum contaminant level, or within three
years after the effective date of the chapter of the laws of 2014

which added this subdivision, whichever is later.

Section 3 of the bill provides for an immediate effective date and
shall be deemed to have been in full force and effect on and after
January 1, 2017.

 JUSTIFICATION :

Clean water is essential to our health and our quality of life
throughout the State of New York. In recent years, contamination of
our potable water supply, both with regard to our surface waters and
the underground aquifers, has been a widespread and increasingly
frequent problem. As a result, many New York communities and water
districts have been burdened with the costly task of testing, cleaning
and treating the water to make it safe for their residents, as well as
the ongoing burden of monitoring the quality of the remediated water
supplies. The constituents and rate payers of those water districts
and municipalities should not bear the expense of costly remediation
systems when the contamination can be traced to the negligent or
illegal activities of some industrial organization or other entity.

New York State law does not adequately protect the water supply at
this time. The State currently imposes a three-year deadline for
making a claim to seek monetary damages arising from harmful
substances leaking into our water supply wells, reservoirs and
aquifers. That deadline begins to run on the date that the damages are
discovered or the date by which they should have been discovered by a
"reasonably diligent party," whichever is earlier. As a result of this
relatively vague standard, courts have recognized a wide variety of
triggers for the limit of time for which a water provider can bring a
claim.

Without a definitive trigger for the time to file a claim that is
recognized by all New York State courts, water providers cannot know
for certain what contamination-related event to watch out for and when
they should take legal action in order to best protect their rights
and by extension, those of the citizens.

A well-defined trigger and a longer time to file a claim are necessary
to best protect the purity of New York State's drinking water and the
health of its residents. This proposed bill will allow for a ten year
timeframe to bring a claim that is triggered by the detection of a
contaminant at levels exceeding one half of the applicable maximum
contaminant level, or within three years of this amendment being
signed, whichever is later. If this bill becomes law, innocent rate
payers will no longer be forced to shoulder the financial burden of
restoring their drinking water supply to the safe and clean state they
deserve.

 LEGISLATIVE HISTORY :

S.7495 (2014)

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately and will be deemed to have been in full force and effect
on and after January 1, 2017.

2015-S3236A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3236--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the public health law, in relation to enacting the "well
  water and water supply education act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "well water
and water supply education act".
  S 2. Paragraph (b) of subdivision 2 of  section  1102  of  the  public
health  law  is  amended  and  a  new  subdivision 4 is added to read as
follows:
  (b) If the local board of health of the health  district  wherein  the
violation  or  noncompliance  occurs,  fails to enforce the order of the
commissioner within ten days after its receipt, the corporation furnish-
ing such water supply or the municipality, state, or  United  States  or
state  or  United States institution, park, reservation or post deriving
its water supply from the  waters  to  which  such  rule  or  regulation
relates, or the commissioner, or the local board of health of the health
district  wherein  the water supply protected by these rules is used, or
any person interested in the protection  of  the  purity  of  the  water
supply, may maintain an action in a court of record which shall be tried
in  the  county where the cause of action arose against such person, for
the recovery of the penalties AND CONSEQUENTIAL DAMAGES incurred by such
violation, and for an injunction restraining the person  violating  such
rule or regulation from the continued violation thereof.
  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY ACTION TO
RECOVER  DAMAGES  BROUGHT  BY  THE PERSON, OFFICER, BOARD, OR COMMISSION
HAVING THE MANAGEMENT AND CONTROL OF THE POTABLE WATER SUPPLY OF A MUNI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08459-02-6

S. 3236--A                          2

CIPALITY, STATE OR UNITED STATES INSTITUTION, PARK, RESERVATION OR POST,
OR  IN  THE  CITY  OF  NEW  YORK,  THE  COMMISSIONER  OF   ENVIRONMENTAL
PROTECTION, OR THE BOARD OF WATER SUPPLY OF THE CITY OF NEW YORK, OR ANY
ENTITY  FURNISHING  SUCH  POTABLE  WATER SUPPLY PURSUANT TO THIS CHAPTER
SHALL BE COMMENCED NO LATER THAN TEN YEARS  AFTER  THE  DETECTION  OF  A
CONTAMINANT  AT  LEVELS  EXCEEDING  ONE  HALF  OF THE APPLICABLE MAXIMUM
CONTAMINANT LEVEL, OR WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH  ADDED  THIS  SUBDIVI-
SION, WHICHEVER IS LATER.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2016.

2015-S3236B (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1102, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7495
2017-2018: S2490

2015-S3236B (ACTIVE) - Summary

Enacts the "well water and water supply education act".

2015-S3236B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3236B

 TITLE OF BILL :  An act to amend the public health law, in relation
to enacting the "well water and water supply education act"

 PURPOSE :

To enact the "well water and water supply education act."

 SUMMARY OF PROVISIONS :

Section 1 of the bill establishes that the act shall be known and may
be cited as the "well water and water supply education act."

Section 2 of the bill amends paragraph (b) of subdivision 2 of section
1102 of the public health law to include consequential damages as part
of a recovery. Further, this bill will add a new subdivision 4 to
paragraph (b) of subdivision 2 of section 1102 of the public health
law that will read: notwithstanding any provision of law to the
contrary, any action to recover damages brought by the person,
officer, board, or commission having the management and control of the
potable water supply of a municipality, state or United States
institution, park, reservation or post, or in the city of New York,
the commissioner or environmental protection, or the board of water
supply of the city of New York, or any entity furnishing such potable
water supply pursuant to this chapter shall be commenced no later than

ten years after the detection of a contaminant at levels exceeding one
half of the applicable maximum contaminant level, or within three
years after the effective date of the chapter of the laws of 2014
which added this subdivision, whichever is later.

Section 3 of the bill provides for an immediate effective date and
shall be deemed to have been in full force and effect on and after
January 1, 2017.

 JUSTIFICATION :

Clean water is essential to our health and our quality of life
throughout the State of New York. In recent years, contamination of
our potable water supply, both with regard to our surface waters and
the underground aquifers, has been a widespread and increasingly
frequent problem. As a result, many New York communities and water
districts have been burdened with the costly task of testing, cleaning
and treating the water to make it safe for their residents, as well as
the ongoing burden of monitoring the quality of the remediated water
supplies. The constituents and rate payers of those water districts
and municipalities should not bear the expense of costly remediation
systems when the contamination can be traced to the negligent or
illegal activities of some industrial organization or other entity.

New York State law does not adequately protect the water supply at
this time. The State currently imposes a three-year deadline for
making a claim to seek monetary damages arising from harmful
substances leaking into our water supply wells, reservoirs and
aquifers. That deadline begins to run on the date that the damages are
discovered or the date by which they should have been discovered by a
"reasonably diligent party," whichever is earlier. As a result of this
relatively vague standard, courts have recognized a wide variety of
triggers for the limit of time for which a water provider can bring a
claim.

Without a definitive trigger for the time to file a claim that is
recognized by all New York State courts, water providers cannot know
for certain what contamination-related event to watch out for and when
they should take legal action in order to best protect their rights
and by extension, those of the citizens.
A well-defined trigger and a longer time to file a claim are necessary
to best protect the purity of New York State's drinking water and the
health of its residents. This proposed bill will allow for a ten year
timeframe to bring a claim that is triggered by the detection of a
contaminant at levels exceeding one half of the applicable maximum
contaminant level, or within three years of this amendment being
signed, whichever is later. If this bill becomes law, innocent rate
payers will no longer be forced to shoulder the financial burden of
restoring their drinking water supply to the safe and clean state they
deserve.

 LEGISLATIVE HISTORY :

S.7495 (2014)

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately and will be deemed to have been in full force and effect
on and after January 1, 2017.

2015-S3236B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3236--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  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

AN ACT to amend the public health law, in relation to enacting the "well
  water and water supply education act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "well water
and water supply education act".
  S  2.  Paragraph  (b)  of  subdivision 2 of section 1102 of the public
health law is amended and a new  subdivision  4  is  added  to  read  as
follows:
  (b)  If  the  local board of health of the health district wherein the
violation or noncompliance occurs, fails to enforce  the  order  of  the
commissioner within ten days after its receipt, the corporation furnish-
ing  such  water  supply or the municipality, state, or United States or
state or United States institution, park, reservation or  post  deriving
its  water  supply  from  the  waters  to  which such rule or regulation
relates, or the commissioner, or the local board of health of the health
district wherein the water supply protected by these rules is  used,  or
any  person  interested  in  the  protection  of the purity of the water
supply, may maintain an action in a court of record which shall be tried
in the county where the cause of action arose against such  person,  for
the recovery of the penalties AND CONSEQUENTIAL DAMAGES incurred by such
violation,  and  for an injunction restraining the person violating such
rule or regulation from the continued violation thereof.
  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY ACTION TO
RECOVER DAMAGES BROUGHT BY THE PERSON,  OFFICER,  BOARD,  OR  COMMISSION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08459-03-6

S. 3236--B                          2

HAVING THE MANAGEMENT AND CONTROL OF THE POTABLE WATER SUPPLY OF A MUNI-
CIPALITY, STATE OR UNITED STATES INSTITUTION, PARK, RESERVATION OR POST,
OR   IN  THE  CITY  OF  NEW  YORK,  THE  COMMISSIONER  OF  ENVIRONMENTAL
PROTECTION, OR THE BOARD OF WATER SUPPLY OF THE CITY OF NEW YORK, OR ANY
ENTITY  FURNISHING  SUCH  POTABLE  WATER SUPPLY PURSUANT TO THIS CHAPTER
SHALL BE COMMENCED NO LATER THAN TEN YEARS  AFTER  THE  DETECTION  OF  A
CONTAMINANT  AT  LEVELS  EXCEEDING  ONE  HALF  OF THE APPLICABLE MAXIMUM
CONTAMINANT LEVEL, OR WITHIN THREE YEARS AFTER  THE  EFFECTIVE  DATE  OF
THIS SUBDIVISION, WHICHEVER IS LATER.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2017.

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Senate Bill S3236B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2015-S3236 - Details

2015-S3236 - Summary

2015-S3236 - Sponsor Memo

2015-S3236 - Bill Text download pdf

2015-S3236A - Details

2015-S3236A - Summary

2015-S3236A - Sponsor Memo

2015-S3236A - Bill Text download pdf

2015-S3236B (ACTIVE) - Details

2015-S3236B (ACTIVE) - Summary

2015-S3236B (ACTIVE) - Sponsor Memo

2015-S3236B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3236B

Share this bill

Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2015-S3236 - Details

2015-S3236 - Summary

2015-S3236 - Sponsor Memo

2015-S3236 - Bill Text download pdf

2015-S3236A - Details

2015-S3236A - Summary

2015-S3236A - Sponsor Memo

2015-S3236A - Bill Text download pdf

2015-S3236B (ACTIVE) - Details

2015-S3236B (ACTIVE) - Summary

2015-S3236B (ACTIVE) - Sponsor Memo

2015-S3236B (ACTIVE) - Bill Text download pdf

Comments