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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 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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A05477 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5477--C
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  THIELE, STERN, LiPETRI, ENGLEBRIGHT, LAVINE,
          D'URSO, MONTESANO, MIKULIN, RAIA, RA,  GOTTFRIED,  COLTON,  ZEBROWSKI,
          McDONOUGH,   SCHMITT,  DeSTEFANO,  JEAN-PIERRE,  ORTIZ,  L. ROSENTHAL,
          MAGNARELLI, REYES, JACOBSON, STIRPE -- Multi-Sponsored by -- M. of  A.
          DenDEKKER  --  read once and referred to the Committee on Judiciary --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said  committee -- again reported from said committee
          with amendments, ordered reprinted as amended and recommitted to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 214-h to read as follows:
     3    §  214-h. Certain actions by public water suppliers to recover damages
     4  for injury to property. 1. In this section:
     5    (a) "Contaminant" means any physical, chemical, biological  or  radio-
     6  logical  substance or matter in water and includes but is not limited to
     7  an emerging contaminant listed pursuant to section eleven hundred twelve
     8  of the public health law.
     9    (b) "Person" means an  individual,  corporation,  public  corporation,
    10  company,  association,  partnership,  or  entity of the state or federal
    11  government.
    12    (c) "Public water supplier" means a person that owns, manages or oper-
    13  ates a community, noncommunity or nontransient noncommunity water system
    14  that provides water to the public for human consumption through pipes or
    15  other constructed conveyances, if such system has at least five  service
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03302-13-9

        A. 5477--C                          2
 
     1  connections or regularly serves an average of at least twenty-five indi-
     2  viduals daily at least sixty days out of the year.
     3    (d)  "Wholesale  water  supplier" means a person that owns, manages or
     4  operates a public water system that treats a source of water  supply  as
     5  necessary  to  produce  finished  water and then delivers some or all of
     6  that finished water to a public water supplier.
     7    (e) "Source of water supply" means any groundwater  aquifer  or  other
     8  source  from  which water   is taken either periodically or continuously
     9  for drinking, kitchen, cooking or food-processing purposes, or which has
    10  been designated for present or future use as a source  of  water  supply
    11  for domestic or municipal purposes.
    12    (f)  "Plant  intake"  means  the  works or structures at the head of a
    13  conduit through which water is diverted from a source  of  water  supply
    14  into the treatment plant by a public water supplier.
    15    (g)  "Well"  means any excavation used for obtaining water by a public
    16  water supplier.
    17    (h) "Raw water" means water immediately before the first or only point
    18  of disinfection or other treatment.
    19    2. Notwithstanding any other law that provides for a  shorter  limita-
    20  tions  period,  any  civil  claim or cause of action brought by a public
    21  water supplier or wholesale water supplier against any person to recover
    22  damages for injury to property owned, managed or operated  by  a  public
    23  water supplier or a wholesale water supplier resulting from the presence
    24  of  a  contaminant in a source of water supply shall be commenced within
    25  three years of the latest of any of the following:
    26    (a) the detection of a contaminant in the raw water of  each  well  or
    27  plant  intake sampling point in excess of any notification level, action
    28  level, maximum contaminant level,  or  maximum  contaminant  level  goal
    29  established  by  the commissioner of health, the department of health or
    30  the United States Environmental Protection Agency for that contaminant;
    31    (b) the last wrongful act by any person whose conduct  contributed  to
    32  the  presence  of  a  contaminant in a source of water supply or the raw
    33  water of each well or plant intake sampling point; or
    34    (c) the date the contaminant is last detected in the raw water of each
    35  well or plant intake sampling point in excess of any notification level,
    36  action level, maximum contaminant level, or  maximum  contaminant  level
    37  goal established by the commissioner of health, the department of health
    38  or  the  United  States Environmental Protection Agency for that contam-
    39  inant.
    40    3. This three-year period shall apply   to each well  and  each  plant
    41  intake for each contaminant separately, and the expiration of the three-
    42  year  period at one well or plant intake shall not affect the three-year
    43  period for another well or plant intake.
    44    4. Nothing in this section shall  abridge  or  limit  a  public  water
    45  supplier's  or  a wholesale water supplier's right to bring an action to
    46  abate an imminent threat of contamination of any well or plant intake or
    47  to recover as damages the costs of such abatement.
    48    § 2. This act shall take effect immediately.
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