Provides that the statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property shall be three years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5477C
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 and
wholesale water suppliers to commence an action for injury to property
 
PURPOSE:
Relates to the statute of limitations for public water suppliers and
wholesale water suppliers to commence an action for injury to property.
 
SUMMARY OF PROVISIONS:
This bill amends the Civil Practice Law and Rules by adding a new
Section 214-h to provide for a three-year statute of limitations for
public water suppliers and wholesale water suppliers to commence an
action for injury to property resulting from the contamination of the
public water supplier's source of water supply. Provides for the defi-
nition of specific terms as used in this Section: (a) Contaminant; (b)
person; (c) public water supplier; (d) wholesale water supplier; (e)
source of water supply; (f) plant intake; (g) well and (h) raw water.
 
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 promulgate regulations regarding emerging
contaminants after recommendations from a new drinking water advisory
council. These new drinking regulations will result in new and signif-
icant costs for public water suppliers, their customers and the state.
Public water suppliers can mitigate these costs through litigation
against polluters who caused or who are responsible for the contam-
ination of sources of water supply. However, Civil Practice Law and
Rules Section 214, 214-c and court rulings interpreting these statutes
have made it difficult for public water suppliers to overcome statute of
limitations defenses raised by polluters in many cases.
This bill would clarify the statute of limitations for public and whole-
sale water suppliers and makes it clear that an action to recover
damages for injury to property owned, managed or operated by a public
water supplier or a wholesale water supplier resulting from the presence
of a contaminant in a source of water supply shall be commenced within
three years of the latest of any of following events: (a) the detection
of a contaminant in the raw water of each well or plant intake sampling
point in excess of any notification level, action level, maximum contam-
inant level, or maximum contaminant level goal established by the
Commissioner of the Department of Health, the Department of Health or
the United States Environmental Protection Agency for that contaminant;
(b) the last wrongful act by any person whose conduct substantially
contributed to the presence of a contaminant in a source of water supply
or the raw water of each well or plant intake sampling point; or (c) 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
established by the Commissioner of Health, the Depa rtment of Health or
the United States Environmental Protection Agency for the contaminant.
It also provides that the three-year period shall apply to each well and
each plant intake for each contaminant separately, and the expiration of
the three-year period at one well or plant intake shall not affect the
three-year period for another well or plant intake.
The bill further makes it clear that nothing shall abridge or limit a
public or wholesale water supplier's right to bring an action to abate
an imminent threat of contamination of any well or plant intake or to
recover as damages the costs of such abatement.
 
LEGISLATIVE HISTORY:
New Legislation, 2019
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately