BILL NUMBER: S6892
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to enacting the lead
pipe replacement act
 
PURPOSE OR GENERAL IDEA OF BILL:
To facilitate the efficient and equitable replacement of all lead
service lines that pose a risk of contaminating drinking water and harm-
ing human health in New York State.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one establishes the title of the bill as the lead pipe replace-
ment act.
Section two adds new section 1114-C to the public health law.
Section two, subdivision one provides definitions for the bill.
Section two, subdivision two requires covered water systems to replace
all lead service lines in their distribution systems by November 1,
2037; authorizes covered water systems to access service lines in their
distribution systems for the purposes of identifying and replacing lead
service lines; requires covered water systems to offer lead service line
replacements at no direct charge to customers; describes the responsi-
bilities of a covered water system's customers if they decline to accept
the offer of a lead service line replacement at no charge; outlines the
process for covered water systems to replace lead service lines if
encountering non-responsiveness or non-compliance by a customer;
requires covered water systems to prioritize lead service line replace-
ments in disadvantaged communities and other vulnerable populations;
prohibits partial lead service line replacements except in instances of
emergency repairs; requires the use of copper piping when replacing lead
service lines; and requires covered water systems to provide a free lead
filter to any customer with a verified lead service line who requests
one.
Section two, subdivision three directs the department of health to
publish all lead service line replacement plans created by covered water
systems on the department's website.
Section two, subdivision four requires covered water systems to report
data on lead service line disposal and replacement in disadvantaged
communities and other vulnerable populations.
Section two, subdivision five authorizes covered water systems to use a
variety of public funding to replace lead service lines; authorizes the
department of health to make funding available for the implementation of
this section; and directs the department of health to promulgate regu-
lations and guidance to assist covered water systems with the implemen-
tation of this section.
Section two, subdivision six provides a severability clause.
Section three sets forth the effective date.
 
JUSTIFICATION:
There is no safe level of lead in drinking water. Even low levels of
lead exposure are linked to speech and hearing loss, lower IQ, and
neurological problems in children. Adults can also experience increased
risk of high blood pressure, cardiovascular problems, and kidney damage
from lead exposure. Lead poisoning disproportionately harms low-income
communities and communities of color.
Lead service lines are the greatest contributor to lead in drinking
water. These water pipes connect the water mains under our streets to a
building's internal plumbing, and pose a risk of leaching a dangerous
neurotoxin into drinking water. While the US Environmental Protection
Agency (US EPA) banned the installation of new lead service tines in
1986, New York still has an estimated 500,000 lead service tines deliv-
ering drinking water to millions of New Yorkers across the state. Due to
our old housing stock and the prevalence of local codes permitting,
encouraging, or requiring the use of lead material, New York has the 5th
highest number of lead service lines in the nation.
In November 2024, the US EPA finalized the landmark Lead and Copper Rule
Improvements (LCRI), which require water utilities nationwide to replace
all lead service lines under their control by November 1, 2037. Impor-
tantly, EPA left several issues as to the implementation of these regu-
lations for the states to address.
The Lead Pipe Replacement Act creates the most equitable and efficient
program in the nation to get the lead out of drinking water. The bill
codifies the requirement to replace all lead pipes in New York, protect-
ing it from any potential rollback by the 119th Congress and the Trump
administration, and addresses key gaps in EPA's LCRI. Specifically, the
bill requires water utilities to replace all lead pipes - regardless of
the ownership status - at no cost to customers, saving economically-
struggling New Yorkers thousands of dollars while creating thousands of
well-paying union jobs. Significant state and federal funding from the
Bipartisan Infrastructure Law, Clean Water Infrastructure Act, and other
sources is available to ensure this work is affordable for water utili-
ties.
Every New Yorker deserves lead-free drinking water. The Lead Pipe
Replacement Act recognizes that lead service tines pose a public health
emergency and that it is in the public interest that all lead service
tines are replaced as soon as possible. This bill will ensure that New
York leads the nation in getting the lead out of drinking water.
New legislation.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.