S 7238: Relates to the criteria for financing certain lead service line and pipe replacements by the environmental facilities corporation.

  
  STATE OF NEW YORK ________________________________________________________________________ 7238 2025-2026 Regular Sessions  IN SENATE April 4, 2025 ___________ Introduced by Sen. BASKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the public health law, in relation to the criteria for financing certain lead service line and pipe replacements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 56-0203 to read as follows: 3 § 56-0203. Replacements of lead service lines and pipes. 4 1. The environmental facilities corporation shall revise criteria for 5 the approval of projects to finance lead service line and pipe replace- 6 ments which shall include, but not be limited to, the cost burden of the 7 replacement per household in the community, the cost burden of the 8 replacement per household on the water system, the incidence of child- 9 hood lead poisoning within the water system, the action limit for lead 10 in the water system, and the water system's commitment to funding the 11 full costs of the full replacement of lead service lines, including both 12 the water system and the property owner's portions of a lead service 13 line. 14 2. For purposes of this section: 15 (a) "Service line" means any piping connecting a water main to a 16 building inlet. 17 (b) "Lead service line" means a service line made of lead or where a 18 portion of the service line is made of lead. 19 (c) "Action limit for lead" means the occurrence when the ninetieth 20 percentile of all tap water samples in a water system exceeds fifteen 21 parts per billion, as established by the environmental protection agency 22 or the state department of health. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09669-03-5 
 S. 7238 2 1 § 2. Section 1114 of the public health law, as amended by section 8 of 2 part MM of chapter 57 of the laws of 2018, is amended to read as 3 follows: 4 § 1114. Lead service line replacement grant program. 1. The department 5 shall allocate appropriated funds equitably among regions of the state. 6 Within each region, the department shall [give priority to munici- 7 palities that have a high percentage of elevated childhood blood lead 8 levels, based on the most recent available data. In distributing the 9 awards allocated for each region to such priority municipalities, the 10 department shall also consider whether the community is low income and 11 the number of lead service lines in need of replacement] score projects 12 on the following criteria; the cost burden of the replacement per house- 13 hold on the water system, the incidence of childhood lead poisoning 14 within the water system, the action limit for lead in the water system, 15 and the water system's commitment to funding the full costs of the full 16 replacement of lead service lines, including both the water system and 17 the property owner's portions of a lead service line. 18 2. The department may request that such municipalities provide such 19 documentation as the department may require to confirm award eligibil- 20 ity. 21 [2.] 3. Further, the department shall establish a statewide plan for 22 lead service line replacement, which shall include, at a minimum, a 23 report on the implementation of subdivision one of this section, 24 resources and techniques for identifying lead service lines throughout 25 the state, the cost of replacing lead service lines, recommendations for 26 municipalities on methods for evaluating the status of lead service 27 lines present and guidance on replacement. 28 [3.] 4. The department shall publish information, application forms, 29 procedures and guidelines relating to the program on its website and in 30 a manner that is accessible to the public and all potential award recip- 31 ients. 32 5. For the purposes of this section: 33 (a) "Service line" means any piping connecting a water main to a 34 building inlet, whether owned by the water system or the property owner. 35 (b) "Lead service line" means a service line made of lead or where a 36 portion of the service line is made of lead. 37 (c) "Water system" means the municipality or water authority or other 38 public entity responsible for public water supply in a municipality. 39 (d) "Action limit for lead" means the occurrence when the ninetieth 40 percentile of all tap water samples in a water system exceeds fifteen 41 parts per billion, as established by the environmental protection agency 42 or the department. 43 § 3. The public health law is amended by adding a new section 1170 to 44 read as follows: 45 § 1170. Replacements of lead service lines and pipes. 1. The corpo- 46 ration shall revise criteria for the approval of projects to finance 47 lead service line and pipe replacements which shall include: 48 (a) The cost burden of the replacement per household in the water 49 system; 50 (b) The age of the housing stock within the water system; 51 (c) The incidence of childhood lead poisoning within the water system; 52 (d) The action limit for lead in the water system; and 53 (e) The water system's commitment to funding the full costs of the 54 full replacement of lead service lines, including both the water system 55 and property owners portions of a lead service line. 56 2. For purposes of this section: 
 S. 7238 3 1 (a) "Service line" means any piping connecting a water main to a 2 building inlet, whether owned by the water system or the property owner. 3 (b) "Lead service line" means a service line made of lead or where a 4 portion of the service line is made of lead. 5 (c) "Water system" means the municipality or water authority or other 6 public entity responsible for public water supply in a municipality. 7 (d) "Action limit for lead" means the occurrence when the ninetieth 8 percentile of all tap water samples in a water system exceeds fifteen 9 parts per billion, as established by the environmental protection agency 10 or the department. 11 § 4. This act shall take effect immediately.