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A09824 Summary:

BILL NOA09824A
 
SAME ASSAME AS S08763-A
 
SPONSORThiele
 
COSPNSRLavine, Englebright, Stern, DeStefano, Griffin
 
MLTSPNSR
 
Amd §214-h, CPLR
 
Relates to the statute of limitations for public water suppliers to commence an action for injury to property; provides that any action, civil claim, or cause of action involving an emerging contaminant that is barred as of the applicable period of limitation has expired is hereby revived, and such action thereon may be commenced and prosecuted provided such action is commenced either before or in accordance with certain time periods; defines "emerging contaminant".
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A09824 Actions:

BILL NOA09824A
 
04/19/2022referred to judiciary
05/10/2022reported referred to codes
05/23/2022reported referred to rules
05/23/2022amend (t) and recommit to rules
05/23/2022print number 9824a
05/31/2022reported
05/31/2022rules report cal.487
05/31/2022ordered to third reading rules cal.487
06/03/2022substituted by s8763a
 S08763 AMEND=A GAUGHRAN
 04/13/2022REFERRED TO JUDICIARY
 05/23/2022AMEND (T) AND RECOMMIT TO JUDICIARY
 05/23/2022PRINT NUMBER 8763A
 05/31/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/31/2022ORDERED TO THIRD READING CAL.1677
 06/01/2022PASSED SENATE
 06/01/2022DELIVERED TO ASSEMBLY
 06/01/2022referred to codes
 06/03/2022substituted for a9824a
 06/03/2022ordered to third reading rules cal.487
 06/03/2022passed assembly
 06/03/2022returned to senate
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A09824 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9824A
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the statute of limitations for public water suppliers to commence an action, civil claim, or cause of action for injury to property   PURPOSE: This bill amends section 214-h of the civil practice law and rules by adding a new paragraph i of subdivision one and a new subdivision. five to provide for a revival of actions involving emerging contaminants that have been or ever will be identified or listed pursuant section one thousand one hundred twelve of the public health law or any other law.   SUMMARY OF PROVISIONS: Section one adds paragraph i of subdivision one and defines "emerging contaminant" as any physical, chemical, microbiological or radiological substance that has ever been, ever will be, or ever will be required to be identified or listed as an emerging contaminant pursuant to para- graphs a, b, or c of subdivision 3 of section 1112 of the public health law or any other law. Section two adds subdivision five which allows any action involving an emerging contaminant that is barred due to an expired statute of limita- tions to be revived and allows any such action to be commenced and pros- ecuted provided that the action is commenced before or in accordance with the time periods set forth in subdivision two of this section.   JUSTIFICATION: Parts m and r of chapter 57 of the laws of 2017 amended the public health law by adding sections 1112 and 1113 requiring the commissioner of the department of health to identify and list emerging contaminants and to promulgate regulations regarding emerging contaminants after recommendations from a new drinking water advisory council. These new drinking water regulations have and will continue to result in new and significant costs for public water suppliers, their customers, and the state. Public water suppliers can mitigate these costs through liti- gation against polluters who caused or who are responsible for the contamination of sources of water supply. Section 214-h of the civil practice law and rules was established in chapter 332 of the laws of 2019 to clarify the statute of limitations for public water suppliers and make it clear that, among other things, a public water supplier may commence an action within three years of the latest of the following events: (1) the detection of a contaminant that exceeds any notification level, action level, maximum contaminant. level, or maximum contaminant level goal established by the department of health or the United States Environmental Protection Agency, (2) the last wrongful act by any person whose conduct substantially contributed to the presence of a contaminant in a source of water supply, or (3) the date the contaminant is last detected in the raw water of each well or plant intake sampling point in excess of any notification level, action level, maximum contaminant level, or maximum contaminant level goal. While 214-h was intended to be remedial in nature and have retroactive effect, a recent Court of Appeals decision entitled Regina Metropolitan Co. v. New York State Division of Housing and Community Renewal, 35 N.Y.3d 332 (2020) may call the retroactive effect of the language of section 214-h into question. This amendment to section 214-h is intended make it clear that section 214-h is intended to have retroactive effect and to revive any actions involving emerging contaminants that have ever been identified in or listed, or that have ever been required to be identified or listed, pursuant to section one thousand one hundred twelve of the public health law or any other law.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATION: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A09824 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9824--A
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by M. of A. THIELE, LAVINE, ENGLEBRIGHT, STERN, DeSTEFANO --
          read once and referred to the Committee on Judiciary --  reported  and
          referred  to  the  Committee  on Codes -- reported and referred to the
          Committee on  Rules  --  Rules  Committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          statute of limitations for  public  water  suppliers  to  commence  an
          action, civil claim, or cause of action for injury to property
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 214-h of the  civil  practice  law
     2  and rules is amended by adding a new paragraph (i) to read as follows:
     3    (i) "Emerging contaminant" shall mean any physical, chemical, microbi-
     4  ological  or  radiological  substance that has ever been or ever will be
     5  identified or listed pursuant to paragraph a or b of  subdivision  three
     6  of  section  eleven  hundred twelve of the public health law or that has
     7  ever been or ever will be required to be  identified  or  listed  as  an
     8  emerging  contaminant  pursuant  to  paragraph c of subdivision three of
     9  section eleven hundred twelve of the public health law or that is  iden-
    10  tified or listed as an emerging contaminant pursuant to any other law.
    11    §  2.  Section 214-h of the civil practice law and rules is amended by
    12  adding a new subdivision 5 to read as follows:
    13    5. Any action, civil claim, or cause of action involving  an  emerging
    14  contaminant  that is barred as of the effective date of this subdivision
    15  because the applicable  period  of  limitation  has  expired  is  hereby
    16  revived, and such action, civil claim, or cause of action thereon may be
    17  commenced  and prosecuted provided such action, civil claim, or cause of
    18  action is commenced either before or within  one  year  and  six  months
    19  following the effective date of this subdivision.
    20    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15232-03-2
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