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A05477 Summary:

BILL NOA05477C
 
SAME ASSAME AS S03337-C
 
SPONSORThiele
 
COSPNSRStern, LiPetri, Englebright, Lavine, D'Urso, Montesano, Mikulin, Raia, Ra, Gottfried, Colton, Zebrowski, McDonough, Schmitt, DeStefano, Jean-Pierre, Ortiz, Rosenthal L, Magnarelli, Reyes, Jacobson, Stirpe, McDonald, Lifton, Weprin, Mosley, Galef, Carroll, Perry, Lupardo, Griffin, Steck, Fahy, Cusick, Rosenthal D, Jones, Solages
 
MLTSPNSRDenDekker
 
Add 214-h, CPLR
 
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.
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A05477 Actions:

BILL NOA05477C
 
02/12/2019referred to judiciary
03/15/2019amend and recommit to judiciary
03/15/2019print number 5477a
05/02/2019amend and recommit to judiciary
05/02/2019print number 5477b
05/16/2019amend and recommit to judiciary
05/16/2019print number 5477c
05/21/2019reported referred to codes
05/30/2019reported
05/30/2019advanced to third reading cal.521
06/04/2019substituted by s3337c
 S03337 AMEND=C GAUGHRAN
 02/05/2019REFERRED TO JUDICIARY
 03/07/2019AMEND AND RECOMMIT TO JUDICIARY
 03/07/2019PRINT NUMBER 3337A
 03/19/20191ST REPORT CAL.305
 03/20/20192ND REPORT CAL.
 03/25/2019ADVANCED TO THIRD READING
 05/01/2019AMENDED ON THIRD READING 3337B
 05/07/2019PASSED SENATE
 05/07/2019DELIVERED TO ASSEMBLY
 05/07/2019referred to judiciary
 05/20/2019RECALLED FROM ASSEMBLY
 05/20/2019returned to senate
 05/20/2019VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/20/2019AMENDED ON THIRD READING 3337C
 05/30/2019REPASSED SENATE
 05/30/2019RETURNED TO ASSEMBLY
 05/30/2019referred to codes
 06/04/2019substituted for a5477c
 06/04/2019ordered to third reading cal.521
 06/04/2019passed assembly
 06/04/2019returned to senate
 10/28/2019DELIVERED TO GOVERNOR
 11/04/2019SIGNED CHAP.442
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A05477 Floor Votes:

There are no votes for this bill in this legislative session.
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A05477 Memo:

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
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