Legislation

 I helped draft and successfully lobbied for the passage of 13 New York State laws related to water utility operations and environmental protection. This legislative work spans three decades and addresses issues ranging from contamination litigation rights to utility governance and operations. 

Statute of Limitations Reform (2019) — Helped draft CPLR § 214-h, which changed when the clock starts running on contamination claims for public water suppliers. The law provides that the limitations period begins on the date the contaminant was last detected rather than when it was first discovered, preserving the right of water utilities to pursue cost recovery from polluters.

Emerging Contaminant Claims Revival (2022) — Helped draft an amendment to CPLR § 214-h that specifically revived claims and causes of action for public water suppliers involving emerging contaminants, opening the door for utilities to recover treatment costs for newly regulated substances like PFAS and 1,4-dioxane.

State Grant Protection (2022) — Helped draft Public Health Law § 1167-a, which prevents defendants in contamination litigation from using state environmental assistance grants as evidence of a collateral source of payment to reduce a utility's damage award. This ensures that public funding for water treatment does not benefit polluters.

Property Tax Lien Authority (2016) — Helped draft Public Authorities Law § 1078-f, authorizing the placement of liens on real property tax bills for unpaid water charges, creating a reliable revenue stream of $650,000 per year.

Tax Exempt Status Clarification (2001) — Helped draft amendments clarifying the tax and fee exempt status of public water authorities in New York.

Bond Security Interests (2003) — Helped draft legislation establishing that pledges of security interests in water authority revenues for issued bonds become automatic liens and perfected security interests without notice to other parties, strengthening the authority's borrowing position.

Annual Reporting Extension (2022) — Helped draft an amendment extending the deadline for filing annual reports by 30 days to allow for more accurate financial reporting.

Bulk Water Sales (2012) — Helped draft an amendment authorizing the sale of water in bulk to non-profit organizations at regular retail rates.

Tort Statute of Limitations (2010/2012) — Helped draft legislation shortening the statute of limitations for tort claims against the water authority, which was ultimately enacted as a reform applicable to all public corporations in New York.

Water Main Installation on Private Roads (2022) — Helped draft an amendment to Real Property Law allowing the installation of water mains on certain private roads without requiring an easement or other written authorization, removing a significant barrier to extending service.

Property Disclosure Requirements (2004) — Helped draft an amendment requiring sellers of real property to disclose any existing water surcharge to purchasers before accepting an offer, protecting both buyers and the utility's revenue.

Eminent Domain Valuation (1994) — Helped draft legislation establishing the method for valuing property acquired by the water authority through eminent domain.

 Central Pine Barrens Commission (1993) — Co-authored the legislation creating the Central Pine Barrens Joint Planning and Policy Commission, establishing a regional land use commission with jurisdiction over 100,000 acres in central Suffolk County. 

 MCLG Establishment Requirement — Helped draft a bill that would require the New York State Department of Health to establish Maximum Contaminant Level Goals when it sets Maximum Contaminant Levels for emerging contaminants, creating health-based benchmarks that enable public transparency and rational treatment decisions, protect vulnerable populations, prioritize scarce resources, and guide litigation and regulatory proceedings.