Note: A different version of this bill has been introduced in the Assembly. Find that memo here.
The Lead Pipe Replacement Act amends the public health law to establish a statewide plan to replace all of New York’s lead service lines by 2037.
There are an estimated 555,000 lead service lines (LSLs) contaminating drinking water across our state. These water pipes are exposing millions of New Yorkers to a dangerous neurotoxin when they turn on the tap, disproportionately harming low-income communities and communities of color. The US Environmental Protection Agency (EPA) has long concluded that there is no safe level of lead in water.
In 2024, EPA finalized its landmark Lead and Copper Rule Improvements, which require water utilities nationwide to replace 100% of their LSLs by 2037. EPA, however, left many questions about how to implement this requirement for states to address.
Without state-level action, water utilities may put homeowners on the hook, logistically and financially, to replace their own LSLs. This would exacerbate New York’s affordability crisis; most state residents cannot afford to replace an expensive, 100-year-old water pipe. Unfortunately, some water utilities, including New York City, are already attempting to place this burden on homeowners. This may force many families to forgo an LSL replacement, perpetuating a public health crisis.
The Lead Pipe Replacement Act establishes a statewide, gold-standard plan to replace New York’s LSLs affordably and equitably, based on successful models in other states and cities. The bill requires water utilities to offer LSL replacements at no direct charge to customers, saving economically-struggling New Yorkers upwards of $10,000. It is far more cost-effective for a water utility to replace every LSL on a block at the same time rather than requiring each homeowner to identify their own contractor and dig up the same street multiple times.
In addition, the bill provides water utilities new tools to speed up LSL replacements, including legal access to properties for LSL inspection/replacement and authorization for tenants to consent to a replacement when the building owner is non-responsive. The bill also requires that water utilities replace LSLs with copper pipes, the longest-lasting and best available material, and provide water filters to customers with LSLs waiting for a replacement upon request so their health is protected in the interim.
Fortunately, there is significant state and federal funding available to help utilities implement this legislation and get the lead out of drinking water. Hundreds of millions of dollars available through the federal Bipartisan Infrastructure Law and Governor Hochul’s new five-year, $3.5 billion clean water funding commitment will put our state well on its way to meeting EPA’s 2037 deadline. This will keep our drinking water both clean and affordable.
