Op-Ed: New York’s Con Edison Crisis is Far From Over

By APRIL MCIVER, ROCCO J. LACERTOSA and KRIS DELAIR

Originally published in the NY Daily News on March 7, 2025

With Con Edison proposing new rate increases, millions of New Yorkers will be paying close to $2,000 more each year in energy costs, another serious blow to our ever-shrinking wallets in the name of green energy. Con Edison has stated the hikes are necessary to meet the new demands on its citywide system — and we would agree. Over the next decade, New Yorkers should brace for a steady wave of rising energy costs as new infrastructure will be needed to fulfill the all-electric construction edict enacted here. Starting in 2024, no natural gas hookups were permitted in new construction and major renovations in New York City, and that has placed a major strain on the system. Nearly 6,000 permits were issued for new buildings last year alone, and that number is certain to rise as more and more companies choose to mandate on-site work schedules. New York’s power grid was not designed to handle an all-electric city, and such a massive conversion would require years of careful design, planning and collaboration among industry stakeholders. None of that happened when our elected officials implemented the gas ban — without proper industry input — and therefore, they set the stage for the pricing drama we are seeing unfold today. Natural gas provides power for electricity, and this is the case for 38% of all electricity in the United States. In New York, that number is much higher where approximately 65% of electricity is produced by fossil fuels, the cleanest and most efficient being natural gas. Experts have long predicted that prohibiting new gas hookups will lead to significant socio-economic challenges and electric power supply concerns, and unfortunately, we are now seeing the first local evidence of this. Creating healthier spaces is an important goal, and our members are committed to reducing our environmental impact with more sustainable materials and methods. Yet leaping to an all-electric mandate without the right infrastructure is an economic disaster waiting to happen, and this new electrical rate increase — up to 11.4% per household— is the first of many financial jolts to our personal budgets. In response, Gov. Hochul has called for the state Public Service Commission to reject the rate increase. That’s a good start, but the real culprit lies within the city’s well-intentioned but misguided green energy push that outlawed the use of natural gas. We suggest a more reasonable, more realistic approach that acknowledges both the importance of sustainable building and the need to slow the drive toward green energy so we can ensure our infrastructure is adequately equipped. We call for the following four steps:

• A temporary suspension of the city’s gas ban to prevent future rate increases;
• A creation of a citywide task force of public and private industry leaders to study the feasibility, impact and timeline for all-electric implementation;
• A presentation of the task force’s findings in a series of public hearings; and
• A pledge to explore the use of alternative fuels — such as biodiesel — for building heating options that can help meet the city and state’s clean energy goals.

Naturalgas is our most abundant fuel and we need it to protect the essential elements of our society. For example, the state just approved an expansion of the 414-mile Iroquois gas pipeline because other power sources, such as wind, solar and hydro, are not presently viable on any large scale. In the event of another citywide emergency, the impact on the electric grid may mean there will be no redundant heating and cooking source, leading to an unprecedented catastrophe. The city also must continue to explore the use of biofuels, which offer a low- cost solution for decarbonization and are being deployed to reduce emissions in buildings and vehicle fleets — including the Staten Island Ferry. Biofuels, which are manufactured domestically from vegetable oils and recycled restaurant grease, have been deployed for the past decade and can be expanded immediately in homes and businesses using existing heating systems. The need for a real conversation on natural gas and biofuels has never been greater, but that dialogue must be based on science, facts and feasibility, not pure politics. We are urging our elected leaders to meet us at the table — so we can learn from this current crisis and prevent one that is even more dire.

Our wallets — and our lives — depend on it.

McIver is the executive director of the Plumbing Foundation, City of New York, a non-profit association representing licensed contracting firms, engineering associations, manufacturers and suppliers. Lacertosa is CEO of the New York State Energy Coalition, Inc. DeLair is the executive director of the Empire State Energy Association, Inc.

Plumbing Foundation Advocates in Albany

The Plumbing Foundation’s Executive and Senior Directors headed to Albany this past February 10 and 11, not surprisingly on a couple of chilly days. Led by their lobbyists at Catalyst Government Relations, they met with New York State Senators and Assemblymembers to discuss the Plumbing Foundation’s state legislative agenda for 2025, which included items from Governor Kathy Hochul’s proposed budget. The Foundation expressed support for thermal energy and hydrogen legislation as well as reforms to insurance including workers compensation to ensure more equitable treatment of employers for wear & tear claims. The Foundation also advocated for its modular construction legislation, sponsored by Assemblyman Erik Dilan (District 54 – Brooklyn) and Senator Jessica Ramos (District 13 – Queens), which requires New York City modular construction projects to comply with the NYC Building Code licensing standards, regardless of where the modular components are made. That legislation passed both houses in 2022 but was vetoed in December of that year along with hundreds of other bills. The veto memo cited two main points that were, frankly, erroneous; the first included a “potential” impact on affordable housing which we do not believe will be at any meaningful level—there also has been zero reliable sources proving that it would be. The second was the notion that the NYC Department of Buildings (DOB) is already enforcing this requirement. The industry knows the history of modular construction projects in New York City and the DOB’s refusal to enforce licensing standards but rather allow a flawed third-party certification process by any architecture or engineering firm, which tends to be from, according to a Freedom of Information Law (FOIL) request the Foundation conducted, outside of New York. The veto memo also seemed more concerned with out of state contractors over the need for jobs by New York’s own residents and local businesses. The Foundation once again opposed the NY Home Energy Affordable Transition (HEAT) Act, as it did in 2024 when Governor Hochul introduced a version known as the Affordable Gas Transition Act in her budget (but which was was not adopted in the final budget last year and fortunately was not proposed in her budget this year). Among its provisions, the act proposes to eliminate the 100- foot rule whereby utility companies subsidize new gas hookups. The Plumbing Foundation and similar stakeholders across the state have been in opposition to this bill as this is one of many attempts to speed up the process to get rid of natural gas to reach the goals of the NYS Climate Leadership and Community Protection Act (CLCPA). The CLPCA is already on a too ambitious timeline and the state has not properly considered a more reasonable “all the above” approach and rather has been too focused on solar and wind energy, which are not widely available. To quote a 2025 National Fuel memo on the NY HEAT Act, “[t]he CLCPA does not mandate discontinuance of the natural gas system, and the continued operation of a modernized natural gas system paired with low- and no-carbon fuels, hybrid heating and weatherization is entirely consistent with attainment of the statute’s emission reduction goals. Indeed, use of a decarbonized natural gas system will be necessary to achieve these reductions in a responsible way that ensures the continued reliability, resilience and affordability of energy in the State.” The Foundation’s legislative agenda also included opposition to the Bucks for Boilers Act (banning gas on all buildings above and beyond the 2022 gas ban on new construction) and the Scaffold Law (strict liability for owners and their agents for fall- related accidents). The Executive and Senior Directors met with legislators from New York City as well as some outside the Big Apple who sit on the Labor Committees in which our modular bill awaits approval. Overall, the meetings were very positive as the elected officials were receptive to the logical and well-thought out agenda. Some of the members that the Foundation met included: Assemblymember Erik Dilan (District 54, Part of Brooklyn), Sen. Jack Martins (R, 7th District, Part of Nassau County), Assemblymember Ed Ra (R, District 19, Part of Nassau), (D, 61st District, Buffalo area) (Labor Committee), Assemblymember Steven Raga (D, District 30, Part of Queens) (Labor Committee), Assemblymember Harry Bronson (D, District 138, Rochester area) (Chair of Labor Committee), Sen. Chris Ryan (D, 50th District, Syracuse area) (Labor Committee), Senator Mario Mattera (R, 2nd District, Part of Suffolk County) (Labor Committee), and Assemblymember Jonathan Rivera (District 149, Buffalo area) (Labor Committee). The legislature is focused on the budget until its due date of April 1 (which is typically adopted late, including in 2024) and then will continue its regular session days through June. The Plumbing Foundation hopes to make headway on its legislative agenda and will keep the industry apprised of our efforts.

Trump Administration Rescinds NYC Congestion Pricing

On February 19, 2025, the Federal Highway Administration of the U.S. Department of Transportation sent a letter to Governor Kathy Hochul terminating the agreed upon congestion pricing program citing that the “value pricing pilot program” is a narrow exception to the prohibition of tolls on federal highways, and further that the New York program does not offer a toll-free option and the program seems to be driven more for MTA funding than to reduce congestion. Governor Hochul responded in a press conference and at an MTA Board Meeting on February 26th that they are holding strong and keeping the cameras on, and met with President Trump to try and convince him to reverse his decision, citing the program’s early success in improving travel times and mass transit ridership. One of the Plumbing Foundation Board Members was quoted in the NY Post on his reaction to the termination of the program, Mr. Paul Belli of Franco Belli Plumbing said he was ecstatic and that “[n]obody needs this. Everyone has high inflation they’re dealing with already.” The MTA has filed a lawsuit challenging the federal government’s decision. The City was instructed to end the program by March 21. We will keep the industry updated on the status of the program. Sources in this article include: https://ops.fhwa.dot.gov/memorandum/VPPPletter_termination_021925.pdf https://nypost.com/2025/02/19/us-news/nyc-workers-commuters-rejoice-over-trumps-axing-of-congestion-pricing-toll-im-ecstatic/ https://abc7ny.com/post/congestion-pricing-nyc-trump-administration-sets-end-date-new-york-city-tolling-program/15957288/

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

Updates and Reminders from DOB

Below are important updates the Plumbing Foundation seeks to share from the NYC Department of Buildings (DOB).

1. As a reminder, any work under categories 1 and 2 cannot be on the same Limited Alteration Application (LAA) form. This separation of work scope is for both plumbing and fire suppression work. Practically speaking, inspections may overlap considering work under Category 1 and 2 may be within the same workspace, floor, apartment, etc. Please note it is best to make reference to the corresponding LAA Category 1 filing and Category 2 filing to ensure proper DOB inspection coordination occurs.
2. There is a DOB requirement for a police report when a DOB-issued license is lost or stolen, including even if it is lost in the USPS when the license is issued and sent from the Department. As everyone is aware, including DOB, it is extremely difficult to obtain a police report for a piece of missing mail. Considering licenses are sent to only the valid DOB-established licensee’s place of business in the City, the NYPD is the best avenue to report lost mail. If people cannot obtain a police report from their local precinct, there is an NYPD online portal to lodge a complaint including for lost mail. A copy of that complaint is acceptable proof for the DOB to reissue your lost license with the current $50 administrative fee. The website is https://nypdonline.org/link/1017%23!#

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

Congestion Pricing is Back with a New (But Not Improved) Pricing Structure

If you have been keeping up with the news all year, congestion pricing has been a rollercoaster. In March, the MTA held several hearings—with public comments due by March 11—on its pricing structure, which called for charging trucks $24–$36 (depending on size) every single time they enter the zone, and passenger vehicles $15 once per day. The MTA did propose discounts for overnight travel and certain bridge and tunnel crossings. Despite stakeholder feedback in opposition and pending lawsuits, the MTA adopted the pricing structure on March 27. The MTA indicated that they hoped to implement the plan this past June, but which could be delayed because of the several ongoing lawsuits, including by the State of New Jersey. Then on June 5, Governor Kathy Hochul announced that New York will put an “indefinite” pause to congestion pricing due to unintended consequences. “Circumstances have changed and we must respond to the facts on the ground, not to the rhetoric from five years ago” the Governor reasoned. The Plumbing Foundation commended the Governor for realizing the impact of congestion pricing and that there are many consequences to small business owners and, of course, the plumbing community. Around the same time of this announcement, the Trucking Association of New York (TANY) filed a lawsuit challenging congestion pricing, arguing that congestion pricing violates the Commerce Clause of the U.S. Constitution which grants Congress the power “to regulate Commerce… among the several States.” During the summer, various sources indicated that the Governor was actually working with the MTA on a new pricing plan that would be “more fair and equitable,” meaning congestion pricing was not dead indefinitely. On November 14, 2024, Governor Hochul announced a new plan for congestion pricing. In summary:

• There will be a 40% reduction across the board from the original plan
• Small trucks and non-commuter buses: $14.40
• Large trucks and sightseeing buses: $21.60
• Tunnel crossing credits reduced by 40% of original plan
• $9 for all other vehicles entering the zone
• Commercial vehicles will still be charged per trip rather than per day
• Automated Camera Enforcement program to permit enforcement of “blocking the box” violations at NYC street intersections
• Authorization for the use of weigh-in-motion (WIM) technology

The MTA Board approved this plan on November 18 and set a January 5 implementation date. The full tolling structure can be accessed via the website below. With this new plan adopted, lawsuits forge ahead, including the lawsuit by TANY that is scheduled for oral arguments on December 20 with an anticipated decision on the injunction request before January 5th. The Plumbing Foundation submitted an Amicus Brief in support of TANY’s lawsuit since we oppose the revised plan. We will continue to keep the industry apprised of our efforts and any relevant updates. Image source: https://congestionreliefzone.mta.info/

City Council Approves Mayor Adams’ City of Yes

On November 21, the NYC Council voted to approve Mayor Eric Adams City of Yes housing initiative (LU 0181-2024), which was submitted by the New York City Department of City Planning, pursuant to Section 201 of the New York City Charter, for an amendment of the Zoning Resolution of the City of New York, modifying multiple sections to expand opportunities for housing within all zoning districts across the city. As part of Mayor Adams’ City of Yes initiative, the Plumbing Foundation was notified on Wednesday, November 13, 2024 of a hearing on November 19, 2024 covering several pieces of legislation to be preconsidered for introduction. One of the pieces of legislation was a bill setting forth standards for construction of ancillary dwelling units (ADUs). The Plumbing Foundation submitted testimony stating our overall support of the initiative, but urged the Council to strike the below language in its entirety:

U103.5.5 Plastic piping. Notwithstanding any inconsistent provisions of the New York City Plumbing Code, plastic piping shall be permitted in ADUs as permitted by the New York State Residential Code.

There is a long history of the plumbing industry—and to an extent, the NYC Department of Buildings (DOB)—being in opposition to the use of plastic piping for certain plumbing purposes (i.e., potable water). NYC is a uniquely dense city riddled with high rises, older buildings, gas piping and sewage piping (7,400 miles), and the NYC Building Code is very specific to our building and infrastructure needs. Industry experts meet with the DOB for each Code Revision Cycle during which these topics are addressed, plastic piping being brought up time and time again. The safety and feasibility of current plastic products have not met the standards of our industry experts and DOB experts in order to expand the Code requirements. While the state code may allow for plastic piping for certain sewage and water distribution systems, NYC’s plumbing industry experts argue that there is not enough evidence that such systems are rated to perform equally and safely at the identical conditions encountered in NYC potable water systems. Importantly, there are recent studies raising concerns about the safety and health impacts of certain plastic piping. In Plastic Pipes, Microplastics & Impacts on Human Health by Safe Piping Matters, it explains the hazards of polyvinyl chloride (PVC) and polyethylene (PE) pipes which crack and peel quickly as they age due to water and additives, particles from which can affect the stomach, lungs, brain, and reproductive system when digested by humans over time. Further, it should be clearly noted that “[s]ince plastic is made from petroleum-based chemicals, plastic pipes are combustible and can burn and/or melt in fires, releasing toxic substances into air and water.” Finally, in a study titled Plastic water supply connectors: Leaching, hydrocarbon contamination, and decontamination, once hydrocarbon contaminants reached building water systems, “sorbed mass remained in the” PVC tubing at the end of decontamination, “indicating the products posed continued leaching risks.” Clearly, there remain very serious concerns associated with use of plastic piping in plumbing systems. While the text proposed in the ADU bill states “notwithstanding any inconsistent provisions of the New York City Plumbing Code” arguably ensuring that our City’s specific plumbing code requirements are met, it was also our understanding that the City sought to allow manufactured ADUs (pre fabricated) which already contain plastic piping in compliance with NYS Code which would not be in compliance with the NYC Plumbing Code. Therefore, we urged the council to strike the entire section from the law to ensure there is no confusion or loopholes. On December 2, the City Council issued an A version of the bill, Int. No. 1128-A, removing the provision on plastic piping but adding a new type of ADU known as “manufactured homes.” The definition of manufactured home includes “factory manufactured home” from the New York State Executive Law. It appears that NYS regulated factory manufactured buildings are subject to the New York State Uniform Fire Prevention and Building Code (The “Uniform Code”), which under Chapter 6 “Water Supply and Distribution” allows for plastic piping in such systems. We received confirmation separately from the DOB and the City Council that the intent in the A version is that plastic piping will not be allowed despite this new definition. We still reiterated, again, our health concerns with plastic piping. On December 5, the NYC Council Committee on Housing & Buildings approved the A version, and the NYC Council passed Int. 1128-A. Sources: https://safepipingmatters.org/plastic-pipes-microplastics-impacts-on-human-health/ https://safepipingmatters.org/wp-content/uploads/2024/05/Spec_Guide_2024edition_05-21-2024.pdf https://awwa.onlinelibrary.wiley.com/doi/10.1002/aws2.1382

Oct. 16: Plumbing Foundation Testifies at Housing & Buildings Hearing

On Wednesday, October 16, 2024, the New York City Council Committee on Housing & Buildings held a hearing on several bills, but specifically in the interest of the Plumbing Foundation was Int. 429-2024. Int. 429 contains several vital amendments to Local Law 152/2016 periodic gas inspections as well as to ordinary plumbing work, emergency work, and the NYC Department of Buildings’ (DOB) seizure and forfeiture ability related to unlicensed construction activity. The bill also proposes to reinstate the Master Plumber and Master Fire Suppression License Board. The hearing testimony began with the DOB, represented by Constadino ‘Gus’ Sirakis, Deputy Commissioner of Development & Technical Affairs and Tarek Khalil, Assistant Commissioner for Central Inspections. Unfortunately, despite industry feedback and perceived support from DOB on the Local Law 152 amendments, the Department testified against the legislation’s provisions for various reasons. The Plumbing Foundation Executive Director April McIver testified in support of Int. 429, with a focus on the amendments to Local Law 152 (LL152). She used her time to correct several apparent misapprehensions made during the Department’s testimony. First, she explained that the proposed amendments seek to clarify and streamline the process for owners to obtain certification of no gas piping or if their building has gas piping, certification it is not being supplied with gas. The process to require a utility letter is not a procedure the utility companies want or believe they should do, rendering the law impracticable. Licensed Master Plumbers (LMP) are in the best position and best qualified to certify gas supply/piping status. Second, she agreed with the Committee’s Chairwoman and sponsor of the bill, Pierina Sanchez, that given the 5 years’ of experience required by DOB rule for LL152 inspections that instating in law that a DOB journeyman plumber card is required, which is obtained by someone with 5 years of experience, makes the most sense. Currently, DOB is doing nothing to check the qualifications of and/or required training for technicians working under a licensed master plumber and conducting LL152 inspections. The Plumbing Foundation is aware of bad actors in the industry not complying with the qualification requirements (and has made DOB aware numerous times over the past few years). Ms. McIver also clarified that the amendments to the bill were NOT expanding the scope of an inspection into residential tenant spaces. Rather, the bill clarifies the original intent of the law to ensure commercial tenants like restaurants, daycares, and those otherwise open to the public are included in the scope of the inspection. Finally, Ms. McIver said in response to DOB’s comment that the Code Revision process is to address these types of amendments, while she is grateful to be included in that process, DOB has the ultimate say as to final language and the process is lengthy. The next Local Law 152 cycle begins in January 2025, so she urged the Council to act now. Next, Terence O’Brien, the Senior Director of the Plumbing Foundation and the Executive Vice President of the Association of Contracting Plumbers (ACP) of the City of New York spoke in support of Int. 429, with an emphasis on the reinstatement of the Master Plumber and Master Fire Suppression Contractor Licensing Board and the expansion to DOB’s seizure and forfeiture abilities of tools and vehicles in connection with unlicensed construction. First, Mr. O’Brien explained that re-establishing the License Board is a necessity and that it was a travesty that the City decided to abolish the Board at the end of 2022. There are two functions of the Board: reviewing applications of potential new license holders and, more importantly, the review of disciplinary matters of existing plumbing and fire suppression licensees. Plumbing and Fire Suppression are highly regulated trades and peer review is a value to the industry, not a negative. He explained that NYS engineers, doctors, lawyers, and many others all have peer review which aids in regulating their professions. The industry has received no valid explanation as to why the City disbanded the Board. Secondly, Mr. O’Brien explained that the DOB has been supportive of the proposal to expand the Department’s ability to seize tools and vehicles of persons/companies engaging in illegal and unlicensed construction in the City. Currently, the Code only allows for such seizure in connection with residential new construction. There are countless persons and even whole companies actually conducting plumbing work without license(s) and thereby have no ability to obtain permits to legally perform that work. These unlicensed plumbers are performing work in residential and commercial buildings of all sizes and jeopardizing public health and safety. Currently, DOB and Courts can only do what they are legally allowed to do against these unlicensed actors: a small monetary fine of a few thousand dollars which is regularly not collected. Mr. O’Brien emphasized that having the ability to impound the vehicles and tools of unlicensed plumbers is truly the only way to stop this pervasive and growing problem. Both Ms. McIver and Mr. O’Brien submitted written testimony in support of the entirety of Int. 429. Thank you to Chairwoman Pierina Sanchez for sponsorship of the bill and for providing an opportunity to testify on this important piece of legislation. We hope to work with both the Council and DOB in the near future to get this legislation passed into law.

IMPORTANT NYC DOB SERVICE NOTICES

NEW Worker Wallet Card to Launch in Training Connect – Effective November 1, 2024, Department-approved Course Providers will issue Worker Wallet Cards through the NYC DOB Training Connect platform, leveraging the same technology used to issue Site Safety Training (SST) cards. For more info, visit: www.nyc.gov/assets/buildings/pdf/workerwallet-sn.pdf Local Law 147 of 2021: New Definition of Major Building – 7 or More Stories or 75 Feet in Height – Effective December 11, 2024, the definition of a ‘major building’ in Section 202 of Chapter 2 of the NYC Building Code will change from an existing or proposed building 10 or more stories or 125 feet or more in height, to an existing or proposed building 7 or more stories or 75 feet or more in height. Current additional triggers for an existing or proposed building with a building footprint of 100,000 square feet or more regardless of height, or an existing or proposed building designated by the Commissioner of the Department of Buildings as a major building due to unique hazards associated with the construction or demolition of the structure, will not change. For more info, visit: www.nyc.gov/assets/buildings/pdf/majorbuildingdef-sn.pdf

NYC Department of Environmental Protection Launches Program to Upgrade Automatic Water Meter Reading Devices Citywide

Upgrades, Beginning in Greenpoint Neighborhood, Will Ensure That Property Owners Receive Real Time Information About Their Water Use to Help Conserve Water; Project Will Also Ensure Reliable, Accurate Water Bills The New York City Department of Environmental Protection (DEP) [announced on December 2nd] the start of a program to upgrade more than 600,000 Automatic Meter Reading (AMR) devices across the city over the next three years. The AMR device is the small gray box attached to the exterior of a property that wirelessly transmits water consumption readings from the water meter to DEP. This work will begin in the Greenpoint neighborhood and the upgrades to the existing AMR devices will provide a number of key benefits including:

• Real-Time Monitoring: Customers can access detailed consumption data online to understand their water use.
• Improved Leak Detection: Faster identification and response to leaks, reducing water loss.
• Enhanced Customer Service: Consistent water use readings translate to better overall service quality.

The upgrade program is mandatory for all property owners and DEP will perform the work at no charge. Most AMR devices are located on the exterior of the property so no appointments will be necessary to complete the upgrade. Residents may see DEP technicians and/or contractors approach their property and walk the perimeter of the building to identify the location of the AMR device. The DEP technicians or contractors will be clearly identified with DEP logos on their uniforms and will produce proper identification, including a DEP ID card, upon request. They will travel in vehicles with DEP markings and will never ask for payment. Property owners are asked to:

• Ensure the area around the AMR device is clear and accessible and trim back bushes so technicians can easily access the AMR device.
• Bring any pets inside while technicians are working at the property.
• Look out for notifications regarding installation timelines.

Technicians may move garbage cans or open unlocked gates to access the AMR device if needed. Property owners must allow DEP staff or contractors access to the AMR device; failure to provide access may result in a fee. Once the AMR device is found, the technician will remove the old unit, install a new unit in the same location, and test the unit to ensure it is working. Upgrades take 15-30 minutes per property. Technicians will clean up and take any/all debris with them. If the technician cannot access an AMR device, they may return during an evening or weekend. In some cases, property owners may receive a letter from DEP requesting an appointment to replace the AMR device because DEP must access the interior of the property to complete the upgrade. DEP manages New York City’s water supply, providing more than 1 billion gallons of high-quality drinking water each day to nearly 10 million residents, including 8.8 million in New York City and 1 million more in counties north of the City. The water is delivered from a watershed that extends more than 125 miles from the City, comprising 19 reservoirs and three controlled lakes. Approximately 7,000 miles of water mains, tunnels and aqueducts bring water to homes and businesses throughout the five boroughs, and 7,500 miles of sewer lines and 96 pump stations take wastewater to 14 in-city treatment plants. DEP also protects the health and safety of New Yorkers by enforcing the Air and Noise Codes and asbestos rules. DEP has a robust capital program, with a planned $29 billion in investments over the next 10 years. For more information, visit nyc.gov/dep, like us on Facebook, or follow us on X, formerly known as Twitter.

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

NYC City Council: Season of Hearings

Citizens Air Complaint Program Oversight Hearing

On September 18, 2024, following a rally hosted by the Trucking Association of New York (TANY), in which the Plumbing Foundation participated, which highlighted concerns with the Citizens Air Complaint Program, the NYC Council Committee on Environmental Protection, Resiliency and Waterfronts held a hearing on several pieces of legislation related to the program, including a bill proposing to increase idling fines. The Citizens Air Complaint Program is an anti-idling program whereby private citizens record and submit video complaints of idling vehicles to the NYC Department of Environmental Protection (DEP) in order to receive a percentage of the fines recovered by the city. The room was packed as the hearing started with an introduction by Chairman Jim Gennaro, who explained the importance of idling laws while recognizing the flaws with the existing program, putting forth a piece of legislation that seeks to reform the program, Int. 941. The Plumbing Foundation supported the legislation with amendments, as explained in more detail below. The bill on the agenda seeking to increase idling fines, Int. 291, was also emphasized by Sponsor and Council Member Julie Menin. However, the Plumbing Foundation opposed any increase in fines until the program is reformed to ensure a fair process. The first testimony was presented by NYC DEP Commissioner Rohit Aggarwala which was a mix of true statements like regarding the unfortunate behavior of citizens engaged in the program and how there should be a flat fee for recovery, shocking statements like the fact these tickets are not even being issued in the environmental justice communities and that the 2019 to 2024 increase in complaints went from 9,000 (2019) to 80,000 (2023) to an expected 120,000 by the end of 2024, and outlandish statements like increasing fines up to even $10,000 to incentivize companies to electrify their fleets and/or install anti-idling technology on their vehicles, which can cost, per the Commissioner, $5,000–$11,000 per vehicle. How a small business could make such an investment in its fleet when constantly hit with fines and red tape across the City was not thoroughly addressed. When the Commissioner was asked what the percentage of complaints submitted were deemed fraudulent, he shied away from the data and merely said it is low. There was not much hard data shared on the impact on the number of idling vehicles since the program’s inception, either. Several organizations and individuals testified on both sides of the issue, with some—but few—citizens focused on the actual health- related impact and many focused on the opposition to a flat or decreased fee and the inconvenience of having a 5-day timeframe to submit complaints (per proposed Int. 941). None seemed to address the due process concerns from the other side. In support of reforming the program, alongside the Plumbing Foundation, was TANY, the NY Metropolitan Trucking Association, New York State Energy Coalition, Inc., the Mechanical Contractors Association of New York, Subcontractors Trade Association, and many others who cited similar problems with the program. As mentioned, Chairman Gennaro introduced Int. 941 to reform the Citizens Air Complaint Program, such as by changing the time threshold to 3 minutes within a 60-minute period. We recommended consideration of the state’s existing threshold (5 minutes) as well as vehicle type considerations as well. Executive Director April McIver highlighted that the time threshold set forth by the city seemed arbitrary and should be taken into consideration by the Council. Int. 941 also would allow the exception of 15 minutes in a 60-minute period to provide heating or air-conditioning to passengers on board a bus depending on the temperature. Executive Director McIver raised concerns that employers are obligated under the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to protect workers from cold stress and heat-related illnesses. This type of situation should be considered by the Council in making reforms to the program as well. The bill also proposes reforms to cure deadlines and requires complaints to be filed within 5 days of the observation, as well as prohibits submission of false or misleading complaints. These are good first steps to reforming the program but more should be done to ensure the constitutional protection of due process is met and evidence is easily and immediately available to the respondent. As our contractors know, there are serious due process concerns, as was explained to the Council by Executive Director McIver. There have been extreme inconsistencies between the time an idling incident was observed, to when the complaint was submitted, to when the summons was issued, to when the court date was scheduled. There have also been ongoing concerns with the lack of access to evidence prior to a hearing date to ensure preparedness for a proper defense. Further, to cure behavior of drivers, it is hardly impactful if summonses are not received for 6, 9, or even 12 months after the date of the alleged idling incident. Chairman Gennaro heard testimony for approximately four hours. Both sides expressed their concerns passionately, but we are optimistic that the legal and safety concerns expressed by those stakeholders like the Plumbing Foundation will be addressed in legislation. As was expressed in the hearing by Executive Director McIver, efforts to mitigate harmful emissions are important to our environment and health, but a citizen-run complaint program should not be exempt from the requirements for due process and in lieu of the safety of our members. We will continue to keep the industry apprised of our efforts.

Hearing on Gas Inspections & Plumbing Code Enhancements

Another critically important NYC Council Hearing will be held on October 16, 2024 by the Committee on Housing & Buildings. The Committee will be hearing Int. 429 which makes necessary changes to Local Law 152 of 2016, the periodic inspection of gas piping law, reinstates the Master Plumber and Master Fire Suppression License Board which was nixed in the 2022 Code, as well as proposes practical changes to the provisions on emergency work and ordinary plumbing work, and finally proposes to give the NYC Department of Buildings (DOB) more latitude on seizing vehicles & tools associated with unlicensed work. The proposed changes to LL152 include clarifying and streamlining the process for owners to obtain certification of no gas piping or if their building has gas piping, certification it is not being supplied with gas; requiring that the inspection is conducted by an LMP or individual under the LMP that is a journeyman plumber registered with the DOB; clarifying that the scope of the inspection; replacing “imminently dangerous” with “immediately hazardous” conditions to ensure law aligns with industry training; and clarifying the provision on reporting and correction of unsafe or hazardous conditions to adopt industry training and terminology, e.g., use of “abnormal operating conditions” (AOC) and to distinguish between immediately hazardous and non-immediately hazardous AOCs. The Plumbing Foundation plans to testify at the hearing alongside industry stakeholders in support of this legislation, in the interest of public health and safety.

Important NYC DOB Service Notices

Violations for 2023 Failure to File Annual Boiler Inspection Report and Failure to File Affirmation of Correction – The Department will issue violations in September 2024 for failure to file an annual inspection report in 2023 for high pressure and low-pressure boilers. Violations for failure to file an affirmation of correction for defects reported on high-pressure and low-pressure boiler inspection reports for 2023 will be issued in October 2024. Visit: www.nyc.gov/assets/buildings/pdf/boilervios-sn.pdf Extension of Expiration Date of Limited Gas Work Qualifications Issued before January 1, 2020 – All Limited Gas Work Qualifications issued before January 1, 2020, will expire on December 31, 2024, regardless of the issuance date. The Department of Buildings is extending the expiration date of Limited Gas Work Qualifications issued before January 1, 2020, to provide a full 5-year term to those who obtained the qualifications before the date they were required by Local Law 150 of 2016. The Limited Gas Work Qualifications cannot be renewed or reissued after expiration. Visit: www.nyc.gov/assets/buildings/pdf/limited_gas_follow_up-sn.pdf Gas Work Qualification Written Examination – Effective August 1, 2024, the Gas Work Qualification written exam will be administered as an open-book exam. The Examination Content Outline section of the Gas Work Candidate Information Bulletin will be provided in electronic format within the exam platform at the testing center. No reference materials will be permitted in the testing center. Visit: www.nyc.gov/assets/buildings/pdf/gasworkexam-su.pdf

New Gas Operator Qualification Requirement for Task 87A

As we have notified the industry of, Con Ed requires OQ in Covered Task 34A (performing pressure test on a pipeline) as of May 10, 2024. Con Edison will require contractors testing gas service and gas meter piping to have Operator Qualification in CT87A (the plumbers’ version of 34A) to certify these tests. The Gas Working Group, namely the Northeast Gas Association, has worked diligently to incorporate this task into Task 87 (maintenance/repairs of U.S. DOT jurisdictional gas piping), creating a new Task 87A. As a reminder, in the meantime if you have a current job requiring Task 34A, a Con Ed person will need to witness the pressure test. Please do not contact Con Ed to obtain this OQ.

For further explanation, please see the Pipecaster insert “87A Pressure Testing Component Flow Chart.”

Recent NYC DOB Disciplinary Actions

The NYC Department of Buildings (DOB) recently posted two disciplinary actions against Licensed Master Plumbers from June 2024, both stipulations for which included, among other violations, actions by the LMPs that constitute cover-up plumbing operations. In both instances, the DOB arrived at addresses linked to the LMP’s permit(s) to find workers that were not under the employment of said LMP permitholder. The violations ranged from 60 day suspensions to $20,000 fines. Again, other violations were found in addition, which begs the question, why aren’t cover-up plumbers subject to stricter penalties? While we absolutely applaud the DOB for taking action against these bad actors, a slap on the wrist is not going to deter what is otherwise a more wide-spread and growing illegal activity across all five boroughs. It puts homeowners and residents at risk of shoddy work when unlicensed contractors are doing work under the false pretense that an actual LMP is overseeing the work. If you know of a cover-up operation, please reach out to info@plumbingfoundation.nyc so we can continue to fight these bad actors in our industry. Also, don’t be a cover-up plumber.

BOLO: Upcoming three-part virtual gas series hosted by the Plumbing Foundation

We are finalizing details for an upcoming free webinar series on several gas related topics, including new Operator Qualification requirements, utility regulation manuals, Local Law 152, as well as the utilities’ plans in the wake of the city and state’s energy transition goals. The webinars are tentatively scheduled for mid October to mid November. We will send an e-blast for registration—if you do not receive our e-blasts, please email info@plumbingfoundation.nyc to get on the list!

DOB License Renewal Reminder

As per the adoption of the 2022 NYC Administrative Code, the time period to renew a license or a certificate of competence with the NYC Department of Buildings (DOB) is ONLY 1 year past one’s expiration date (see section 28-401.13). Prior to this change in Code, persons had up to 5 years to renew a license with a late fee. Now if a person’s credentials lapse after this 1-year period, they will still be subject to a late fee and be subject to re-examination (could be both written and practical).

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

CONGESTION PRICING???

If you have been keeping up with the news all summer—since Governor Kathy Hochul’s announcement in June that New York will put an “indefinite” pause to congestion pricing—it might not be in actuality, indefinite. Recent sources say the Gov is working with the MTA on a new pricing plan that is more fair and equitable, but that is TBD. NYC Comptroller Brad Lander announced that on September 27, attorneys representing both sides will present their arguments before a judge in the Riders Alliance v. Hochul and City Club of New York v. Hochul cases to restore congestion pricing. Other lawsuits continue, including a suit filed by the Trucking Association of New York (TANY) which challenges the congestion pricing law under the Commerce Clause of the U.S. Constitution. The Plumbing Foundation plans to submit an Amicus Brief in support of the lawsuit. The Plumbing Foundation will continue to keep the industry apprised on the status of congestion pricing.

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

Hot Water & Heat, the Elephant in the Decarbonization Room; Why Gas is Part of the Solution

By Neil Skidell The energy required to heat our buildings and produce hot water for domestic use is by far the largest use in the built environment and in particular dense urban environments like New York City. It is the “elephant in the room.” There is no debate that our buildings need to follow a path to decarbonization; but this must be done in a logical fashion following the general transformation to renewable resources. Three core principles of cost, carbon, and confidence must be followed to achieve beneficial decarbonization. That’s correct—decarbonization must be beneficial to society and that means it must be achieved without upsetting the delicate balance of real estate operating costs and allowable rents.

What is Decarbonization? And how does it differ from Electrification? Why is Fuel Diversity required?

Decarbonization can be defined as acceleratingtransformationtowardsalow-carbonfuture. Anobleeffortatthemacroorpolicylevelbutverychallengingtoimplement at the micro or building level, especially in cold climates. This should not be confused with electrification, decarbonization is the goal, electrification is merely one tool in the box to help us get there. Electricity by itself is currently an insufficient resource to feed the elephant; it is currently not practical nor possible for a single fuel (Electricity), delivered through a single system (The Grid), using a single technology (Heat Pumps) to always deliver heat and hot water to all buildings and in all weather conditions. Perhaps in the future, or in fantasy land, but not today or even in the next 10 years. The fuel mix and carbon related to electricity production is beyond the scope of this article. Heating and Hot Water in homes and buildings has long been provided by a variety of fuels (Natural Gas, Oil, Propane and Electricity) and system types selected by an engineer or contractor as the most appropriate for the intended use. This allows building owners and operators the choices required to achieve the desired balance of energy & capital cost, carbon, and confidence. It is vital to maintain this choice as not all buildings are created equally, they differ in size, materials of construction, year of construction, types of use and occupancy and with that diversity comes heating and hot water needs that vary greatly.

Political Desire Vs. Reality

Politicians say we need to decarbonize building heating and domestic hot water so let’s just switch to electricity and call it a day. Simple to say and easy to understand but inquiring minds say WHAT? In cold climates? In New York State? So what if it takes about 3x the energy input to heat a building vs cool a building. So what if even using the best available heat pump technology it costs at least 2x and as much as 4x as heating with gas. So what if it requires abandoning infrastructure with 2/3 of its useful life left that was installed as best available technology 10 years ago to comply with banning of #6 oil? So what if it involves disrupting the lives of millions of people to allow unnecessary construction in their apartments that will likely decrease their comfort? So what if in the foreseeable future there are no measurable emissions reductions on a systemic basis? So what if we stop providing basic services to tenants so that building owners can fund this expense and pay the increased operating and utility costs? So what if people die because the electric supply becomes unstable and inadequate? We need to preserve the availability of natural gas as a building fuel in New York State. Energy decisions for critical systems such as heat and hot water must be made considering the three core pillars of cost, carbon, and confidence. To successfully, economically, and safely decarbonize heat and hot water fuel choice is required. Fuel choice should not be a policy decision and is a fundamental requirement to preserve the safety, security, and comfort of our built environment. The real story is that of hybridization, different fuels and different systems all working together to achieve the requirements of cost, carbon, and confidence. No one fuel or solution by itself can achieve decarbonization in the near term. Different fuels have different qualities, cost structures and implementation challenges beyond the scope of this article.

Market Forces will play a role.

To have a thriving market that provides fuels for heating and hot water policy must allow for the best technology to be deployed for each use. Often the best economics AND lowest emissions are provided by a combination of technologies and for that to happen policy must allow the continued use of natural gas. Market forces will dictate the rest of the story. We need to separate the political ideal of Decarbonization from the reality of Decarbonizing buildings in cold climates. People’s lives and economic stature need to be maintained as we, as a society, progress through the transition to clean energy. At the micro level (buildings) it does no good to force economic distress in the form of unneeded capital investment and increased energy costs. To make matters worse, deploying capital and precious operating income to satisfy political folly in the name of improving people’s lives instead of actually improving people’s lives is the worst form of hypocrisy. Neil J. Skidell is the Managing Director, Green Solutions at The PAR Group. He leads the development and implementation of Carbon reduction strategies for commercial, life sciences, healthcare, and multi-family residential customers through the application of state-of-the-art HVAC and Plumbing technologies. He is an expert in the strategic use of technology to solve energy and water safety, conservation, generation and utilization challenges. The PAR Group is New York’s preeminent provider of plumbing, heating & air conditioning, fire protection and green solution services. Neil can be contacted at nskidell@pargroup.com.

Winners of the 2023-24 Eugene and Raymond Cardoza Memorial Scholarship

The 2024 winners of the Eugene & Raymond Cardoza Memorial Scholarship Program have been determined by a panel of Fordham professors. Further information on the scholarship program can be found on the Association of Contracting Plumbers’ website (acpcny.org). Five recipients will receive $5,000 a year towards a collegiate education. As a reminder, all scholarship applications are reviewed by an independent panel of educators and selections are based upon academic achievement, community service, and extracurricular activities. The Trustees of the Promotion Fund and the ACP Executive Board are happy to announce the following 2024 winners: Sean Hasretli, Thomas R. Mansfield, Nicole M. Radliff, Noah S. Rickman, Kamila Utko Congratulations to all the winners, we wish you luck on your future endeavors!

SERVICE NOTICE

NEW REQUIREMENT: Construction Inspection Sign Off Prior to Occupancy Requests in DOB NOW: Inspections

Effective Monday, May 13, 2024, all requests for construction sign off must be submitted in DOB NOW: Inspections. Requests sent by email to ConstructionIR mailboxes will not be processed. Requests for construction sign off are submitted by selecting Construction Sign Off Prior to Occupancy via the Actions tab for DOB NOW: Build jobs and the Request Inspection selection for BIS jobs. Indicate Office Review in the beginning of the Requester Comments section for DOB NOW jobs or the Additional Information section for BIS jobs before stating any additional wording of the request. Requests submitted indicating Office Review will be reviewed by the Quality Assurance Team. There are no changes to the existing process for requesting physical construction inspections. Visit the DOB NOW: Inspections Resources page for the Construction Inspection Sign Off for DOB NOW: Build NB/ALT-CO Jobs and BIS Requesting, Cancelling and Viewing Results guide and additional resources. For assistance, submit an inquiry to the DOB NOW Help Form at nyc.gov/dobnowhelp. For general questions about the construction sign off request process, email QAconstruction@buildings.nyc.gov or call (212) 323-7253.

Empire State University / Construction Trades License Training Corp. 7-Hour Master Plumber and Master Fire Suppression Contractor License Renewal Course

Please see below the SUNY Empire State University / Construction Trades License Training Corp. 7-Hour Master Plumber and Master Fire Suppression Contractor License Renewal Course Schedule for 2024! July 24 • August 21 • September 25 • October 23 • November 20 December 19 (Thursday) or January 8, 2025 (TBD) These courses are all in-house with recorded video. The courses are held at our office at 535 8th Ave, Floor 17, New York, NY 10018. We are not holding virtual courses. You can access registration information here: nyconstructiontrades.org

2024 NYS Legislative Session Wrap-Up

The NYS Legislature had its last “scheduled” session day on Thursday, June 6 but extended session through the early morning of Saturday, June 8. It was similar to 2023 in that it was not the most productive year, with another late budget (passed over the weekend of April 20th) leaving little time for other legislative priorities to move through committees between May and June.

Congestion Pricing

As has been the buzz throughout June, Governor Kathy Hochul announced a pause to the implementation of the congestion pricing program (which was set to start June 30, 2024) citing unforeseen consequences and the impact of COVID on small businesses that are still struggling. The Plumbing Foundation commends the Governor for this action, as it truly will have a negative impact on businesses and residents of the so-called “central business district.” However, this created a last minute frenzy in the state legislature with several ideas proposed to close the gap for the MTA on the expected funding from the tolling program. At one point, Governor Hochul proposed an increase on NYC businesses, but which was not adopted by the Legislature. MTA CEO Janno Lieber has indicated that the MTA may have to increase fares and cut services, halt certain projects, and consider layoffs. As of the date of this printing, NYC Comptroller Brad Lander held a press conference where he and other stakeholders said they are developing a legal strategy to challenge the Governor’s decision.

NY HEAT Act

As a reminder, Governor Hochul proposed the Affordable Gas Transition Act (AGTA) in her executive budget, a similar proposal to the NY Home Energy Affordable Transition Act (NY HEAT Act) whereby the 100-foot rule, a subsidy for new gas hookups, would be eliminated. Fortunately, this was not adopted in the budget but was heavily pushed by the Senate in the final weeks of session; the Senate already passed the NY HEAT Act in March of this year, but sponsors and advocates urged the Assembly to pass. Fortunately, the bill was not a priority for the Assembly, and did not pass.

Modular Construction

As for the Plumbing Foundation’s modular construction legislation requiring all modular construction projects in NYC to comply with licensing requirements, which was passed by both houses in 2022 and vetoed by Governor Hochul, due to several factors including the delayed budget adoption, it did not pass this year. It made it to the Senate Finance Committee but was held amidst talks with the City. The Plumbing Foundation continues to prioritize this legislation as modular construction becomes more prevalent.

Other

The major legislation that did pass both houses at the end of session included: SAFE for Kids Act (requiring parental consent for social media use) and the Child Data Protection Act (prohibiting websites from collecting and using minors’ information without informed consent); Climate Change Superfund Act (creating a climate change adaptation cost recovery program targeting big oil companies, similar to Vermont’s recent law); NYC red light cameras (authorizing an expansion of red light cameras); absentee ballot drop boxes (authorizing local boards of elections to set up absentee ballot drop boxes); and speeding up downstate casino licenses (requiring the Gaming Commission to choose by March 2026). All bills are subject to approval/veto by Governor Hochul. Some of the relevant legislation that failed to pass both houses included: the NY Heat Act (mentioned above); Packaging Reduction and Recycling Infrastructure Act (reducing single use plastics); and the Bucks for Boilers Act (creating new fund to push electrification and prohibiting in-kind replacement of fossil fuel equipment). As always is the case, the state legislature never formally “gavels out” in the event of a need for a special session later in the year. While this is extremely rare, the Plumbing Foundation will notify the industry in such a case.

NYC.ID Now required for DOB NOW Filings

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City. WaterSense^® Partners Save

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

New York City Department of Buildings Issues Rules for Installation of Natural Gas Alarms in Accordance with Local Law 157

Another Significant Advancement in Gas Safety for New Yorker’s

Natural Gas Alarms – A Consumer Layer-of-Protection

Like fire and carbon monoxide alarms, natural gas alarms provide NYC residents with another safety layer of protection in the event of a gas leak within a home or business. The primary “safety alarm” for a natural gas leak is a gas odor typically associated with the smell of rotten eggs. This odor is a sulfur compound added such that a person with an average sense of smell will be alerted to a potential natural gas leak. In some cases, an individual’s sense of smell may not enable detection of a natural gas leak. This may be caused by several factors such as age, medical conditions (colds, sinus infections etc.), tobacco use and other factors. In addition, phenomena known as odor fade or masking may occur which may impact an individual’s ability to detect the smell of natural gas if a leak occurs. As such, natural gas alarms are critical if an occupant is not able to smell natural gas or if small children or elderly occupants are present, which creates a higher risk for a gas stove burner to be left on without a flame. These life saving devices work by sensing natural gas and sounding an alarm before the gas reaches the explosive range to keep you safe. Following the East Harlem incident that occurred ten years ago this March, New York City issued a series of Local Laws aimed at providing additional layers of protection for buildings with gas service, including enhanced public awareness programs for building owners, mandated interior gas piping safety inspections by Licensed Master Plumbers (LMP’s), significant enhancements to training and qualification requirements LMP’s performing work on gas piping systems, and a requirement for installation of natural gas alarms in residential buildings. Local Law 157 of 2016 amended the New York City Housing Maintenance Code and the New York City Building Code to require the installation of natural gas detecting devices in residential buildings. It also required the NYC Department of Buildings (DOB) to promulgate a rule regarding the installation and location of natural gas alarms after industry standards are developed to address installation requirements. In parallel, Northeast Gas Association (NGA) and Con Edison actively participated in the development of the National Fire Protection Association (“NFPA”) Standard 715, which addresses device and location placement requirements. NFPA Standard 715 went into effect April 9, 2022, and coupled with the DOB Rule Section 908-02, clarifies the installation and location requirements of the standard applicable to Local Law 157. These DOB installation requirements amend some provisions of NFPA 715 based on comments received in a public hearing, which NGA participated in on behalf of membership. In response to comments provided by the Plumbing Foundation, NGA, and others, language was added to address placement of alarms that does not allow for installation of an alarm at least 3 feet from a natural gas fueled appliance. Also, the list of people who can install alarms powered by batteries or by plugging in was expanded to allow someone other than a building owner, maintenance personnel or tenant, such as LMP’s, to install those kinds of alarms. Since LMP’s are already conducting mandated interior gas piping inspections under LL 152, LMP’s may be in a great position to assist building owners in compliance with LL 157. The Foundation is working with the Northeast Gas Association and the Utilities to explore synergy opportunities to offer gas alarm installation support to building owners where appropriate. In addition, the effective date of January 1, 2024 was deleted because it is no longer necessary to trigger the requirement to install these alarms by May of 2025. The DOB’s authority for these rules is found in sections 643 and 1043 of the New York City Charter. A copy of the DOB Rules for Installation of Natural Gas Alarms can be found here: https://rules.cityofnewyork.us/wp-content/uploads/2024/02/Final-Rule-Rules-Relating-to-Installation-and-Location-of-Natural-Gas-Alarms.pdf.

Natural Gas Alarm FAQ’s for LMP’s

The basic function of the Natural Gas Alarm is to alert the occupants that a potentially hazardous condition may exist within the building, and that appropriate action should ensue. However, it is not possible to pre-determine where natural gas leakage may occur. To that end, there is an underlying assumption in the NFPA 715 Standard about the location and source of natural gas leaks within any building. The requirements for installing an RMD are based on two very specific physical features of any building: the location of permanently installed gas appliances and the location of the point of entry of the natural gas service. Highlighted below are some FAQ’s LMP’s should be aware of:

• Natural Gas alarms are not the same as carbon monoxide detectors or smoke detectors.
• Alert when gas leaks from an appliance or gas carrying pipe.
• Alert when a stove burner is on without a flame.
• Must be installed in accordance with the manufacturer’s instructions and DOB Rules.
• Must be installed as close as practicable to the ceiling (2) and at least within 12” of the ceiling in the same room with natural gas appliances such as stoves or water heaters.
• Should come with a lifetime battery if battery operated.

Be sure to read the manufacturer’s user manual for proper installation, care, and use. If a natural gas alarm is activated, evacuate the building immediately. If you smell gas and your alarm does not activate, also evacuate immediately and refrain from turning any lights on or off and from using your phone or appliances on your way out. Then, call 911 and from a safe location, and do not return to your home until an emergency responder advises it is safe to do so. NOTE: Natural Gas Alarms MUST meet current requirements in NFPA 715 Standard for the Installation of Fuel Gas Warning Equipment 2023 AND MUST also meet requirements and be listed to UL 1484 Standard for Safety Residential Gas Detectors (February 23, 2022).

Why is this Important?

Conformance with these standards ensures that the devices will perform as intended. Devices conforming with the current version of Underwriters Laboratory Standard UL 1484 ensures safety sensitivity with a detection threshold of 10% LEL (Lower Explosive Limit), minimizes the risk of false alarms and device testing that ensures the detector cannot be a source of ignition in a maximum flammability natural gas environment.

Important: NYC DOB “Get Summonses Corrected” Campaign

The NYC Department of Buildings (DOB) issued a notice in March regarding its efforts to resolve open summonses through the Get Summonses Corrected (GSC) campaign. Beginning March 19, DOB’s Administrative Enforcement Unit (AEU) will host virtual and borough office events to assist individuals experiencing difficulties with certifying correction. Please visit the Service Update here: https://www.nyc.gov/assets/buildings/pdf/gsc_aeu-sn.pdf

ICYMI: Manhattan DA, DOI and DOB Commissioners Announce Indictment for Sham Safety School

On February 28, a joint press release by Manhattan District Attorney Alvin Bragg, NYC Department of Investigations (DOI) Commissioner Jocelyn Strauber, and NYC Department of Buildings (DOB} Commissioner Jimmy Oddo announced the indictment of Valor Security & investigation and several individuals, including licensed master plumbers and NYCHA employees, for a sham safety training program. Specifically, the indictment alleges that between December 2019 and April 2023, Valor issued safety certificates and cards to approximately 20,000 students for a fee without requiring those students to actually take the required 40-hour safety training. The NYC licensed master plumbers and NYCHA employees involved acted as brokers, connecting students to Valor to obtain the fraudulent cards. In 2022, Ivan Frias died from falling from the 15th floor of a construction site and it was found that Valor fraudulently “certified” that Mr. Frias completed safety training. Valor, its employees, and one broker are being charged with Reckless Endangerment in the Second Degree. The two licensed master plumbers were from Flow Right Plumbing & Heating Corp. and KCM Plumbing & Heating Co., as well as four employees of DeMar Plumbing Corp. The Plumbing Foundation commends the DA and Commissioners for their hard work in combating the fraudulent and dangerous behavior by the company and individuals involved in this scheme. Link to full press release: https://manhattanda.org/d-a-bragg-d-o-i-commissioner-strauber-d-o-b-commissioner-oddo-announce-indictment-of-valor-security-for-operating-sham-safety-training-school-with-approx-20k-students/

REMINDER: Code Requirements for Company Vehicles

The Plumbing Foundation regularly receives tips regarding unlicensed plumbing work and advertisements, which often includes photographs of company vehicles that have listed “plumbing” in their company name or description but have no license information listed on the vehicle. Sometimes these vehicles are actually legitimate licensed plumbing company vehicles and we try to provide courtesy reminders to the licensee of the NYC Administrative Code:

28-408.6.2 of the New York City Administrative Code All business vehicles, advertising, websites and stationery used in connection with a master plumber business shall display prominently the full name of the licensee, the words “N.Y.C. licensed plumber,” the licensee’s number and the licensee’s business address. If the business is conducted under a trade name, or by a partnership or corporation, the trade name, partnership or corporate name shall be placed immediately above the full name or names of the licensed master plumber or licensed master plumbers. Prior to using, the trade name, partnership or corporate name must have been disclosed to the department in a form and manner required by the department.

However, some licensees fail to comply with the Code, and recent disciplinary actions show the NYC Department of Buildings (DOB) does take this Code requirement seriously. In February 2024, DOB issued a violation to a Licensed Master Plumber for, inter alia, not complying with the above requirements. The LMP received a fine and probation. The Plumbing Foundation urges you to review your fleet of vehicles as well as your business location to ensure you are in compliance with the Administrative Code.

NYC DEP Adopts Rules on Cookstove Emissions Control Devices

The NYC Department of Environmental Protection (DEP) adopted rules, effective April 27, 2024, that establish requirements for control devices to reduce emissions from cookstoves at restaurants in existence prior to May 6, 2016. These rules are implementing Local Law 38 of 2015, which requires cookstoves at restaurants to have an emission-control device for odors, smoke, and particulates. The justification is to reduce asthma and respiratory-related conditions. The rules define cookstoves as any wood fired or anthracite coal fired appliance for the preparation of food intended for onsite consumption or retail purpose—this is the “pizza place” law that circulated many news outlets in recent years. According to the DEP rules, a committee was established to create recommendations for the rules which involved representatives of the restaurant industry as well as DEP and environmental justice representatives. The rule requires restaurants with cookstoves installed prior to May 6, 2016 to hire a professional engineer or registered architect to assess the feasibility of installing an emissions control device to achieve 75% reduction in particulate emissions, and if not feasible, then an emissions control system for reducing at least 25%. However, it allows restaurants to use approved devices (either approved by DEP or FDNY) without having the assessment done first. Read the full text of the rules here: rules.cityofnewyork.us/wp-content/uploads/2023/06/DEP-Cook-Stove-Rule-Final.pdf

NYS Executive Budget Update

The Plumbing Foundation is closely monitoring and discussing issues with stakeholders and legislators on the Affordable Gas Transition Act (AGTA) proposed in Governor Hochul’s budget, which seeks to eliminate the 100-foot rule that requires utility companies in New York State to subsidize gas hookups for new customers. The AGTA, which is very similar to the NY Home Energy Affordable Transition (HEAT) Act (S.2016A/A.4592), also allows the NYS Public Service Commission (PSC) to decommission natural gas systems, which would interfere with ongoing proceedings before the PSC that allows utility providers to issue studies on the natural gas transition. In February, the NYS Senate and Assembly held joint budget hearings and while on the panel for Environmental Conservation, Senator Mario Mattera specifically mentioned to the PSC Chair Rory Christian that there needs to be a “plan not a ban” when it comes to natural gas. Senator Mattera said that the state needs to consider other sources of renewable energy and consider jobs for people losing theirs, especially in the plumbing industry. Interestingly enough, prior to that, the PSC Chair could not provide an exact timeline on the ongoing natural gas transition proceedings and said he thinks he saw something on his calendar for Q3. The budget hearings made it clear that there is still no transparent path that seriously takes into consideration the enormous costs involved and loss of jobs in order to meet the Climate Leadership and Community Protection Act (CLCPA) carbon emission reduction goals. Following, on March 11th and 12th, the Senate and Assembly released their one-house bills. The Senate replaced the AGTA with their NY HEAT Act legislation and the Assembly omitted the AGTA altogether. The budget is due April 1, but there are some saying it will likely be late this year. We will continue to monitor and provide an update in our new monthly e-blast Flow & Order.

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

EPA WaterSense^®

Webinar: Commercial Heat Pump Water Heaters

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

The Plumbing Foundation Guest at Local No. 1 Apprenticeship Graduation

On November 9, 2023 a ceremony was held in New York City to acknowledge apprentices who graduated from the apprenticeship program jointly administered by the Association of Contracting Plumbers of the City of New York (ACP) and U.A. Plumbers & Gas- fitters Local Union No. 1. This five-year apprenticeship program is approved and overseen by the New York State Department of Labor (DOL). There were 71 graduates overall, each receiving a completion certificate as a “Qualified Plumber” from the DOL. All carry Certificates of Fitness from the New York City Fire Department (FDNY). All hold a “Limited” fuel-gas work Qualification from the New York City Department of Buildings (DOB). All have a DOB Site Safety Training (SST) 40-hour card as well as a DOB Scaffold User Card. All have OSHA 30. All have made application to the DOB to be newly listed as a “Registered Journeyman Plumber” and receive their Journeyman’s card. All are prepared and have applied to take the city exam to obtain their “Full” fuel-gas work Qualification. All graduates are certified in Medical Gas installations. In the Spring class there was a tie for the winner of the George Meany Academic Achievement award, with the winners being Adam Root and Alyssa Pascion-Dakaitis. The Meany award winner in the Fall class was Shira Levine. Nine graduates were recognized for perfect attendance over the five years of apprenticeship. Shown in the photo are Contractor and Union members of the Joint Apprenticeship Committee, along with Training Center staff and graduates. Congratulations to all the graduates!

NYC Council Introduces Important Plumbing Safety Legislation

The Plumbing Foundation and industry representatives were successful in negotiating the introduction of Int. 1247-2023 in the NYC Council. We commend Council Member Pierina Sanchez, the Housing & Buildings Committee, and the City Council staff for their hard work on this legislation. Int. 1247 includes important safety enhancements and clarifications to Local Law 152 of 2016 (periodic building gas inspections) such as making clear the scope of inspection and the distinction between abnormal operating conditions that are considered immediately hazardous versus those that are not immediately hazardous. The law will help owners certify in an easier manner if their building has gas piping but is not currently supplied with gas. The bill also reinstates the Master Plumber and Master Fire Suppression Contractor License Board which advises the NYC Department of Buildings (DOB) on applications for licensure as well as bad actors in the industry including unlicensed and cover-up plumbers. The Board is an essential peer-review process to ensure proper transparency, oversight, and enforcement. Finally, the bill makes important clarifications to several other code provisions such as emergency work and ordinary plumbing work, and expands the DOB’s seizure and forfeiture authority on all unlicensed construction. The Plumbing Foundation believes this is a landmark piece of legislation and will ensure safety of NYC residents.

NYC DOB Proposes Rules To Implement LL157 Natural Gas Alarms

The NYC Department of Buildings (DOB) proposed rules implementing Local Law 157 of 2016 (LL157). LL157 was passed in a package of gas safety laws following horrific gas explosions in New York City. LL157 amended the NYC Housing Maintenance Code and the NYC Building Code to require the installation of natural gas detecting devices in residential buildings and required the DOB to promulgate a rule regarding the installation and location of natural gas alarms after an industry standard had been established. The National Fire Protection Association (“NFPA”) issued standard 715, effective April 9, 2022. The DOB’s proposed rules adopt provisions of NFPA 715 but make changes to refer to the NYC Administrative and the Electrical Codes and to add a cut-off date for existing buildings. A major part of the Plumbing Foundation’s mission is to protect the public health and safety, and natural gas alarms enhance safety. As we submitted to the NFPA Standards Council in 2021, we strongly supported the passage of 715 which, if adopted into the NYC Rules, would exponentially enhance the safety of NYC residents. The Plumbing Foundation commended the NFPA Standards Council for developing Standard 715, which is comprehensive and detailed to ensure any Authority Having Jurisdiction (AHJ) has the necessary guidance to implement. We especially supported language requiring AHJ licensure for personnel qualifications, as well as the requirements for inspections, maintenance, and detailed record keeping of fuel gas detecting devices. When safety-related laws and rules mandate stringent inspections, maintenance, and recordkeeping, that allows for the enforcement agencies to effectively do their jobs. The Plumbing Foundation submitted comments to the NYC DOB supporting the rule as well as the Northeast Gas Associations’ comments. The Foundation did make recommendations for the DOB to tie in verification of natural gas alarms with Local Law 152 of 2016 periodic building gas inspections, and to revise the installer qualification exceptions for battery operated or plug-in alarms to also allow installation by licensed contractors and subcontractors like licensed master plumbers and fire suppression contractors. Comments were submitted on November 20, 2023. The DOB is reviewing all comments and will either issue a final rule or a modified rule and second hearing. We will keep the industry apprised of our efforts.

NYS Congestion Pricing Update

In case you missed it, 2023 has been a turbulent year for the State’s Proposed Congestion Pricing Plan, which was initially passed in the NYS Executive Budget in 2019. After much delay in completing a federally required environmental impact analysis, in August 2022 the long-awaited analysis on the proposed congestion pricing plan for NYC was released. The lengthy analysis included seven scenarios evaluated by the MTA which propose prices from $9 to $23 per vehicle entering the Central Business District (CBD) zone. As a reminder, the 2019 law defines the zone as Manhattan at and below 60th Street with exemptions for the FDR Drive and West Side Highway. The only exceptions proposed in the analysis include certain vehicles carrying people with disabilities and authorized emergency vehicles. In addition, people whose primary residence is inside the district and whose income is less than $60,000 would be eligible for a state tax credit equal to the amount of their tolls. But 24/7 service vehicles (e.g., plumbers answering emergency calls) are not a proposed exemption. The Plumbing Foundation submitted written comments in September 2022, stating a request for a service vehicle exemption or discount. The MTA issued responses to those comments and a second period of time for public comment again. In response to our comments and concerns, it was noted that any pricing scheme and any exemptions/discounts would be proposed in rule. Most recently, news articles stated that a toll structure program from the Traffic Mobility Review Board (TMRB) is being presented for recommendation. That proposal recommends a $15 fee for entering the CBD as a passenger vehicle and $24-$36 as a truck or non-transit/non-commuter bus, once per day when entering the zone. It would apply M-F 5am-9pm and weekends 9am-9pm. Rates still would apply at night at 75% less than the daytime fee. A credit for certain tunnel tolls would be applied to the CBD toll rate, and for-hire vehicles (FHVs) would have their fees included in the fare trip ($1.25 for taxis and $2.50 for other FHVs). The only exemptions are emergency vehicles and vehicles transporting people with disabilities, and low-income vehicle owners will have a 50% discount for the first 10 trips a month. These, again, are recommendations and are not final. At the same time the proposal was in the press, John Samuelsen, President of Transport Workers Union of America, announced his resignation from the TMRB, stating “congestion pricing will likely fail to reduce congestion to a level which meets the expectations of many who robustly support its goals” because the MTA failed to make improvements to its public transit service. Also important to note is the ongoing lawsuit filed by the State of New Jersey, against the federal government and MTA challenging the environmental assessment approved by the U.S. Department of Transportation. Finally, Governor Kathy Hochul praised the work of the MTA and TMRB at a congestion pricing rally on December 5, 2023. Mayor Adams, however, still seeks full exemptions for taxi drivers, people traveling to medical appointments, and school buses. A formal rulemaking process must follow before any pricing schemes are adopted. We will keep the industry apprised of updates on congestion pricing.

Update on Plumbing Foundation’s Unlicensed Tips To NYC DOB

Over the course of 2023, the Plumbing Foundation received several tips as well as devised our own investigations into potential illegal plumbing work. When such tips are received, our staff investigates the matter to see if there is any other corroborating information, and then sends the matter to the Multiple Dwelling Inspection Unit and/or Buildings Special Investigations Unit (BSIU) at the NYC Department of Buildings (DOB). While various matters are still pending, the following people/companies were reported by the Plumbing Foundation and were issued violations for unlicensed and/or cover-up plumbing work within NYC, or received some other disciplinary action this year:

COMPANY NAME	SUMMONSES ISSUED (2023)
City Pro NYC	AVPS# for electrical 0213713060 and plumbing 0213713070 (most recently issued, not in OATH system yet)
Mark Hertz	AVPS# for plumbing 0204446175 and electrical 0204446157 (most recently issued, not in OATH system yet)
Golden Pipes Mechanical	VPS# 0213711008 (ILLEGALLY ENGAGING IN BUSINESS OCCUPATION W O REQ D LICENSE OR AUTH. $5000 but now $25,000 due to default) issued July 26, 2023
Dependable Mechanical Corp.	AVPS# 0213710200, 0213 710173, 0213710164 (ILLEGALLY ENGAGING IN BUSINESS OCCUPATION W O REQ D LICENSE OR AUTH. $5000 but now $25,000 due to default) issued March 1, 2023
Total Change Inc.	AVPS# 0213713089 (most recently issued, not in OATH system yet)
Grace Millennium	AVPS # 0213 710 980 (ILLEGALLY ENGAGING IN BUSINESS OCCUPATION W O REQ D LICENSE OR AUTH. $5000), issued June 29, 2023
IAG Energy	AVPS# 0213710155 (ILLEGALLY ENGAGING IN BUSINESS OCCUPATION W O REQ D LICENSE OR AUTH. $5,000) Issued July 12, 2023

There are many others that have been reported with pending investigations. Please reach out to us for any updates on those complaints. We continue to follow up with DOB. Thank you to those submitting tips!

Plumbing Foundation Responds to Con Ed’s PSC Petition on Relocation of Meters

On October 20, 2023, Con Edison filed a petition with the NYS Public Service Commission (PSC), serving the Plumbing Foundation as an affected party. The petition seeks a declaratory ruling pursuant to 16 NYCRR § 8.1 confirming that: (1) a meter relocation under the Relocation Program is complete when, and remains ongoing, until Con Edison has restored service after installing the outdoor meter and reconnecting the service line; and (2) during a meter relocation under the Relocation Program, the Commission retains exclusive jurisdiction over all work necessary and proper for Con Edison to complete the relocation, including all pipework needed to reconnect the service line and restore service after removal of the indoor meter. In response, the Plumbing Foundation emphasized the history of the 2015 PSC rulemaking memorandum changing the definition of service line which led to the creation of the Gas Operator Qualification (GOQ) program and all the time and resources that went into that program. The Foundation’s response asks for a solution that serves a logistical and cost-savings purpose but also ensures the resources that went into the GOQ program are not wasted. Licensed Master Plumbers and their technicians who are operator qualified in Covered Tasks 86 and 87 are best suited to conduct work on both sides of the meter, are already on site for various reasons including maintenance and/or LL152 gas inspections, and are trusted contractors by so many customers. If logistics and costs are an ongoing issue for Con Edison, we believe a mutually beneficial solution could be reached regarding Con Edison’s own procedures for relocating meters in terms of their outreach timeline and involvement of a Licensed Master Plumber in the process. That response was filed by the PSC’s deadline of December 1, 2023 (click here and go to “Public Comments” or visit the NYS PSC website and search case # 23-G-0654.)

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

NYC DEP Update on PARIS for Backflow Preventor Test Reports

On November 28, 2023, the NYC Department of Environmental Protection (DEP) issued the following notice regarding updates to its “PARIS” system:

Dear DEP Partners, We are excited to announce that we are launching a digital platform to submit your initial and annual backflow preventor test reports. Beginning on 11/29/2023 initial and annual backflow preventor tests must be submitted using our new online form. We hope that this new process will streamline your submittals and improve your filing experience. This link will take you directly to the online form: Link: Backflow Test Form Online Submission [or visit www.nyc.gov/site/dep/about/cross-connection-controls.page to access the online form].

Please note that DEP is currently working on Frequently Asked Questions (FAQs) regarding the rollout of the new form submission.

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

WaterSense^® Labeled Showerheads

Read More or download pdf version.

In Memoriam: Raymond Cardoza

The Plumbing Foundation was sad to hear of former board member Raymond Cardoza’s untimely passing this August and remembers him fondly. He was only 56 years old. Raymond was both a loving family man and dedicated to his business, Cardoza Plumbing, that he shared with his sister, Marie Cardoza. He was a 2nd generation New York City Licensed Master Plumber, following in the footsteps of his late father, Eugene Cardoza. Raymond was a beloved father to his children, Christina, Raymond Jr., Michael, and son-in-law, Michael. In addition to his sister Marie, he was survived by his mother Louise Bello and siblings Stephen and EJ Cardoza. Raymond has been described as a trusted and loyal friend, as a generous and strong individual who, despite health related obstacles, worked hard both professionally and as a father. He enjoyed planning exciting excursions for him and his family. He was an avid NYC sports fan, especially when it came to the Yankees and Rangers. Raymond served as a dedicated board member to both the Plumbing Foundation and Association of Contracting Plumbers (ACP), including as former President of the ACP. He was a skilled plumber and his experience and knowledge in the field served our associations enormously. The name Cardoza is paramount in the institutional plumbing world—particularly in the medical and hospital universe. He will always be remembered as a vital member of the plumbing industry.

Climate Change Policies’ Pipe Dreams

By Terence O’Brien, Executive Vice President, Association of Contracting Plumbers of NYC and Senior Director, Plumbing Foundation

In light of Climate Week NYC, which occurred September 17-22, I would be remiss if I did not address a topic that has universal impact and is important to so many of us: combating climate change, which the Plumbing Industry and especially those in the New York City market have been on the forefront of combating for decades. From advocating for more efficient, greener products and lower flow water fixture standards, to stopping use of oil for domestic heating and hot water, we will continue to fight for the industry and for the safety and greening of New York City’s infrastructure and building codes. With that said, I have several concerns about policy decisions as outlined below.

Ambitious But Impractical Gas Ban

On many occasions, governments (city, state, and federal) are reactionary and/or are overly ambitious when dealing with major events and matters of importance, and climate change is one of those topics. As everyone attempts to navigate a better path forward, unfortunately, there are at times laws and regulations, while having the appearance of being a benefit to the greater good, that may actually do very little. Local Law 154 of 2021 is a prime example, which essentially bans the use of all fuels, even green/blue hydrogen and biofuels, in newly constructed buildings under 7-stories effective January 1, 2024 and buildings 7-stories and above beginning July 1, 2027. Transforming all newly constructed buildings into electric-only has significant economic, logistical, and energy-security concerns, on which the Foundation has voiced its opinion publicly many times and through testimony during hearings at the City and State levels of government. There are other ways to “green” buildings, which may be more realistic, executable within more reasonable timelines, and which have benchmarks that would be obtainable, but these options are pushed to the wayside—and for what? May it be because certain people wish to say they are the first City or State to have a law enacted? These all or nothing “homerun” approaches are flashy but not as impactful. Policies and laws should not be made in bubbles or involving only a certain demographic. Local Law 154 as well as Local Law 97 of 2019 are fraught with problems and limitations against the intentions.

Alternative Yet Unregulated Technologies

Within the Climate Change and gas banning conversations, there has been a tremendous amount of buzz about use of alternate technologies including heat pumps, solar energy, and thermal energy. All of this interest is great, but the use of some of these technologies is wildly unregulated and not practical for every environment—in particular, thermal energy. There is almost nothing in the NYC Construction Code on how to install thermal technology or who can install these systems, and thus, it presents issues on safety and accountability. To overcome this, thermal energy systems should require permits, and be installed and maintained by NYC licensed professionals who have familiarity with piping systems to ensure these “better” solutions benefit both working New Yorkers and the environment by “greening” more efficiently.

Conclusion

Let me be frank, the Plumbing Industry, and the stance of the Foundation are transparent on our climate change positions. We want to remain involved and be heard on how we make NYC buildings more efficient and less reliant on fossil fuels. Local Law 154 is going to adversely impact the workers and owners of New York City Plumbing firms. To counter the impact, the City should define the piping and system installation of thermal energy projects as plumbing work for both the good of the plumber and the safety of New Yorkers. Also, the City should reconsider the bans on alternate fuel sources like hydrogen and biofuels caused by Local Law 154. The City should be working to strengthen the work of the licensed master plumber by defining thermal energy piping and allowing hydrogen fuel sources for domestic usage!

School Construction Authority Updates Disinfection Spec

The Industrial & Environmental Hygiene (IEH) Division of the NYC School Construction Authority (SCA) has updated its Design Standards for Potable Water System Disinfection and Testing. A contractor performing such work must be an NYC Licensed Master Plumber (LMP) or working under an NYC LMP. The individual developing and signing the Disinfection and Water Quality Testing Plan (DWQTP) must hold a Grade C certification per NYS Sanitary Code Title 10, Sec. 5-4.2. For the disinfection field work, the individual must either hold the Grade C certification or work under the supervision of a Grade C certified water treatment operator. If not holding the full certification, the individual being supervised must have completed the training and passed the initial training validated exam for Grade C and have 5 years of relevant experience.

For more information, see section number 15420, SP23-02, available at:

www.nycsca.org/design/design-standards#Specifications-86

NYC DOB SERVICE UPDATE

Local Law 77 of 2023: Post Approval Amendment Fee and License Renewal Applications

Updates have been made in DOB NOW and eFiling to implement provisions of Local Law 77 of 2023. The following updates have been made:

• The fee for filing a Post Approval Amendment (PAA) increased from $100 to $130. The increased fee applies to any payment for a PAA in DOB NOW: Build or eFiling on or after July 29, 2023. (See NYC Administrative Code Table 28-112.2.)
• Beginning July 29, 2023, applications for license renewals cannot be submitted in DOB NOW: BIS Options more than 90 days (formerly 60 days) prior to the license expiration. (See NYC Administrative Code § 28-401.12.)

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

Con Edison

Please join us for a Plumbing Foundation / Con Edison Joint Seminar on Energy Efficiency Services and Gas Services

TUES. NOV. 7th, 2P.M. – 4P.M. AT THE LEARNING CENTER IN LIC TO REGISTER FOR THIS FREE EVENT, PLEASE VISIT: www.plumbingfoundation.nyc/resources/events/ TO SIGN UP FOR OUR EMAILS PLEASE VISIT: www.plumbingfoundation.nyc/resources/pipecaster/#subscribe-now

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

Take the WaterSense Challenge

www.epa.gov/watersense/fix-leak-week

The Plumbing Foundation Congratulates NYC DOB Commissioner Jimmy Oddo!

It was announced on April 27, 2023 that Jimmy Oddo was appointed as Commissioner of the NYC Department of Buildings (DOB). Commissioner Oddo comes to the DOB with an extensive background in public service: formerly a NYC Council Member and Borough President of Staten Island, Mr. Oddo was most recently the Chief of Staff for NYC Deputy Mayor for Operations Meera Joshi. The Plumbing Foundation congratulates Commissioner Oddo on his appointment and looks forward to working with him and his staff!

Association of Contracting Plumbers Raises $117,500 for Alzheimer’s Association

The Association of Contracting Plumbers of the City of New York, Inc. (ACP) held its annual “Plumbing Industry Day” Charity Golf Outing on May 22, 2023. The charity chosen this year was the Alzheimer’s Association, New York City Chapter. The Alzheimer’s Association, New York City Chapter helps families, caregivers, health care professionals, and those living with the disease in the five boroughs. They provide education and support, advocate for the needs and rights of those facing Alzheimer’s disease and all other dementia, and advance critical research to develop new treatments and, ultimately, a cure. The ACP is pleased to report that $117,500 was donated to the Alzheimer’s Association. This will help fund care, support, and groundbreaking research for Alzheimer’s and other dementias. Thank you to everyone who made the day a success!

Winners of the 2023 Eugene Cardoza Memorial Scholarship

The 2023 winners of the Eugene Cardoza Memorial Scholarship Program have been determined. Further information on the scholarship program can be found on the Association of Contracting Plumbers’ website (acpcny.org). Five recipients will receive $5,000 a year towards a collegiate education. As a reminder, all scholarship applications are reviewed by an independent panel of educators and selections are based upon academic achievement, community service, and extracurricular activities. The Trustees of the Promotion Fund and the ACP Executive Board are happy to announce the following 2023 winners: Sydney Levine • Anjali Turchiano • Caprice Turchiano • Julia Maciejak • Victoria Lesiczka Congratulations to all the winners, we wish you luck on your future endeavors!

DOB NOW Licensing / Insurance Changes in Effect!

Please be advised that the NYC Department of Buildings (DOB) recently launched an update to the DOB NOW BIS Options menu for Insurance Renewal which went into effect June 5. DOB held virtual webinars to learn how to use DOB NOW BIS Options to submit insurance updates, which can be accessed at: www.nyc.gov/site/buildings/industry/dob-now-training.page As of June 5, 2023, licensees/registrants are required to submit license insurance updates in DOB NOW BIS Options. More information can be found in the Service Notice accessible at: www.nyc.gov/assets/buildings/pdf/license_insurance_updates-sn.pdf In addition, licensees/registrants will not be able to begin a license renewal application in DOB NOW BIS Options until all outstanding Office of Administrative Trials and Hearings (OATH) summonses are paid. See more information in the Service Update here: www.nyc.gov/assets/buildings/pdf/license_renewal_violations-sn.pdf

2023 NYS Legislative Session Wrap-Up

The NYS Legislature had its last “scheduled” session day on Thursday, June 8. It was for many not the most productive year given the drawn out budget season leaving little time for other legislative priorities to move through committees between May and June. As for the budget, the biggest impact on the plumbing industry passed in the FY24 NYS Budget was the gas ban–this is the country’s first statewide ban on fossil fuels for heating and cooking in new construction, starting with buildings under seven stories in 2026. It will not affect gas stoves in existing homes and includes exceptions for manufacturing, emergency generators, and hospitals, among others. Due to the efforts of the Plumbing Foundation and those like us pushing back, the “existing replacement” language was removed. As a reminder, the NYC Council passed Local Law 154 of 2021 which set carbon dioxide limits that effectively prohibit fossil fuel systems in new buildings in NYC starting with lower-rise buildings in 2024 and taller buildings in 2027. LL154 also includes exceptions for manufacturing, hospitals, and restaurants. Many stakeholders will be impacted by this legislation, and while the Plumbing Foundation is all for reducing carbon emissions and creating a cleaner, greener environment, it needs to be done in a practical manner. We are working on potential next steps with similarly impacted stakeholders. As of the date of this printing, the NYS Legislature adjourned June 10 (a few days past the scheduled end of session date), but that may not be the end of session–it is expected that because the Assembly failed to pass a host of bills, it will be returning towards the end of June. The major legislation that did pass both houses at the end of session includes the Clean Slate Act (sealing criminal records after a certain number of years), the Grieving Families Act (provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought), and election law amendments (moving the date of the presidential primary election from June to April, allowing for early voting in March for the presidential primary, allowing each party to elect a presidential delegate and providing different nomination processes for delegates). Other noteworthy bills that passed both houses are: Retainage in Construction Contracts (authorizes contractors to invoice owners upon substantial completion of a project) and EV Charging Public Access (requires charging stations that were paid for in part with public monies to allow members of the public to charge their electric vehicles in the garage for a reasonable cost). The major issues not resolved as of June 10 include a housing package, No Slavery in New York Act (banning forced labor in state prisons–but the legislature did pass a reparations commission law following California’s lead), and Sammy’s Law (lowering NYC speed limit to 20 mph). There also was no Senate confirmation of Governor Hochul’s appointment to the New York Power Authority (NYPA), Justin Driscoll, who is currently serving as the interim president and CEO of NYPA. As for the Plumbing Foundation’s modular construction legislation requiring all modular construction projects in NYC to comply with licensing requirements, which was passed by both houses in 2022 and vetoed by Governor Hochul, due several factors including the delayed budget adoption and stonewalling by NYC to discuss the bill, while it passed the Senate it was held up in the Assembly. The Plumbing Foundation is working assiduously before the next session begins in January 2024 to ensure policy makers at all levels understand the importance of the legislation. As always is the case, the state legislature never formally “gavels out” in the event of a need for a special session later in the year. While this is extremely rare, the Plumbing Foundation will notify the industry in such a case. Further, we do expect the Assembly to return at the end of June. The Plumbing Foundation plans on sending out an update via email to supplement this end of session update.

Have You Received a NYC DEP Idling Violation?

The Plumbing Foundation has been investigating the recent uptick in violations through a citizens’ application known as the Citizens Air Complaint program whereby citizens can video record vehicles idling and send the video in to the NYC Department of Environmental Protection (DEP). The DEP will issue violations to the registered vehicle owner and once a fine is adjudicated at the Office of Administrative Trials and Hearings (OATH), the citizen will receive a portion of the fee recovered. We are working with similar stakeholders on this matter as there are many concerns related to due process, evidence, and safety. If you have relevant information on idling violations, please share that information by emailing info@plumbingfoundation.nyc.

Open Summonses Issued by the Department of Buildings (DOB)

The Department is increasingly focused on open summonses that have not been resolved, with an emphasis on Class 1 immediately hazardous summonses. The Department urges the industry to resolve any open summonses as it will soon be conducting re- inspections to determine whether conditions that resulted in the issuance of Class 1 summonses still exist, which may result in additional enforcement action being taken by the Department. Additionally, the Department is increasing the penalty for failure to file a Certificate of Correction for a Class 1 summons issued with respect to a construction site that is not a one- to four-family home from $3,000 to $5,000. Relevant Service Notice: https://www.nyc.gov/assets/buildings/pdf/cofc_penalties-sn.pdf

The Latest on Congestion Pricing

The MTA is moving forward with congestion pricing after an additional delay for the first half of 2023. As a reminder, the congestion pricing law was passed in 2019 by the state legislature. After much delay in completing a federally required environmental impact analysis, in August 2022 the long-awaited analysis on the proposed congestion pricing plan for NYC was released. The lengthy analysis included seven scenarios evaluated by the MTA which proposed prices from $9 to $23 per vehicle entering the zone. As a reminder, the 2019 law defines the zone as Manhattan at and below 60th Street with exemptions for the FDR Drive and West Side Highway. The only exceptions proposed in the analysis include certain vehicles carrying people with disabilities and authorized emergency vehicles. In addition, people whose primary residence is inside the district and whose income is less than $60,000 would be eligible for a state tax credit equal to the amount of their tolls. But 24/7 service vehicles (e.g., plumbers answering emergency calls) are not a proposed exemption. In September 2022, the Plumbing Foundation submitted written comments stating a request for a service vehicle exemption or discount. Most recently, the MTA announced that the Federal Highway Administration (FHA) gave the greenlight to move forward with congestion pricing. In the MTA’s final Environmental Assessment, which allowed for additional public comment through June 12, it included responses to the 2022 public comment period and stated that with regard to exemptions and discounts, any consideration of such will happen via the State Administrative Procedure Act rulemaking process, which presents another opportunity for public comment. The Plumbing Foundation plans to submit comments during that process and is also working with other stakeholders on possible legislative amendments.

Is the Legality of Residential Food Grinders still a Common Misconception?

In light of recent legislation passed by the NYC Council (the “Zero Waste” bill package), which included a mandatory residential composting program, it is important to note another important tool to reduce methane emissions of which New Yorkers may be unaware. While food grinders, or garbage disposals, were illegal for many years in New York City, that was changed in 1997. Local Law 71 of 1997 allowed for food grinders to be installed in residential properties. Food grinders can be considered another tool in the “toolbox” to decrease methane emissions that occur from organic waste being sent to landfills. Grinding up food with some water down the drain sends that organic waste to a wastewater treatment facility, which is cleaner than storing in bins and hauling away in fossil fuel-using trucks. The Plumbing Foundation is reminding New Yorkers that this tool exists and should be considered in the discussion and regulation of composting. Surprisingly, even after 25 years since grinders became legal, residents in New York have not installed them anywhere near the same level as those in other major cities in the country.

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

Schedule for 2023 Empire State University / CTLTC 7-Hour License Renewal Courses

Please see below the SUNY Empire State University / Construction Trades License Training Corp. 7-Hour Master Plumber and Master Fire Suppression Contractor License Renewal Course Schedule for 2023! July 26 • August 23 • September 27 • November 1 • December 20 These courses are all in-house with recorded video. The courses are held at our office at 535 8th Ave, FL 17, New York, NY 10018. We are not holding virtual courses. You can access registration information here: nyconstructiontrades.org

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

NYC Council Holds Important Hearing on Gas Safety Laws

The Plumbing Foundation commends NYC Council Members Gale Brewer and Pierina Sanchez for holding a joint Oversight & Investigations and Housing & Buildings hearing on the NYC Department of Buildings’ (DOB) enforcement of gas qualifications pursuant to Local Law 150 of 2016 (LL150) on Monday, February 27th. This hearing in all likelihood was held in response to UA Plumbers Local No.1’s lawsuit against DOB for failure to properly enforce LL150 gas qualifications and welder qualification requirements. The joint Committees first heard from DOB Acting Commissioner Kazimir Vilenchik, P.E., and DOB Deputy Commissioner of External Affairs, Guillermo Patino. While DOB testified to the fact that more than 2,000 gas related violations have been issued since LL150 was enforced in January 2020, there were many unanswered questions asked by the Council that the industry was also hoping would be answered by DOB. This includes the in-the-field enforcement of gas cards and transparency on DOB NOW of the gas and welder information, specifically on the front end of the permitting process. When Council Member Charles Barron asked how many gas explosions have occurred in the City in the past decade, the answer went from unsure to three, which the industry knows is inaccurate. There were multiple in 2022 alone. Following the DOB testimony was Patrick Walsh, attorney for Plumbers Local 1, and Arthur Klock of the Joint Apprentice Training Committee, a jointly funded labor/management trade school, at which Mr. Klock is the director. Mr. Walsh provided a background of the multiple notifications given to DOB of apparent gas and pipe welder qualification violations, which Mr. Walsh says were ignored. Mr. Klock testified on seven major gas safety issues that need to be addressed: 1) improper or nonexistent pipe welder qualifications; 2) appliance stores doing regulated gas work illegally; 3) arbitrary elimination of the Master Plumbers License Board; 4) lack of enforcement of the requirement for a “gas work qualification”; 5) disbanding of the Office of the Buildings Marshal; 6) elimination of the reporting requirements for “ordinary plumbing work”; and 7) ineffective enforcement of hundreds of improper gas safety inspections. Next, the Plumbing Foundation, Association of Contracting Plumbers of New York City (ACP), and Master Plumbers Council (MPC) testified. April McIver, Executive Director of the Plumbing Foundation, highlighted her confusion on staffing at the DOB. She believed DOB is understaffed which is one reason for underenforcement, but the Commissioner said otherwise. She also emphasized the importance that DOB NOW shows DOB gas qualifications on the front end of the permitting process and that Local Law 152 of 2016 (periodic gas inspections) documents are readily available to the public; otherwise, someone has to submit a FOIL request to view them. She also said that there has been no response from DOB on where to send illegal plumbing tips since the Buildings Marshal office was disbanded. She urged the Council to review her written testimony which explains more comprehensive recommendations, including reinstating the License Board and proposed revisions to LL152. Terence O’Brien, who is both the Executive Vice President of the ACP and Senior Director of the Plumbing Foundation, also submitted comprehensive written testimony. During oral testimony, he highlighted for the Council that the 2016 DOB leadership opposed the gas safety laws and he implored the City Council to review staffing at DOB during budget negotiations, specifically for inspectors at DOB. While he empathized with the Department, he said there are fundamental flaws that need to be addressed for better gas safety and transparency. Lastly, the MPC emphasized the importance of enforcing gas safety laws and the pending legislation before the Council, including reinstatement of the License Board, ordinary plumbing work, and LL152 revisions. When Council Member Brewer asked the panel what type of staffing should be improved at DOB, Ms. McIver said if there are staffers wearing multiple hats at DOB, that should be changed so there is staff specifically dedicated to gas safety. Mr. O’Brien said the DOB previously engaged in sting operations which were effective. Council Member Pierina Sanchez asked about the 311 process. Ms. McIver explained that she forwarded anonymous illegal plumbing tips directly to DOB and not through 311, but she is unsure of where to now send those tips, but her own personal experience with 311 did not result in any follow up. Mr. O’Brien said the Marshals office would provide a tracking number so one can follow up. He also explained the function of BSIU. The MPC highlighted the importance of the License Board as a forum to advise the Department on illegal plumbing tips. Council Member Brewer said the conversation on gas safety will continue and the written testimony provided will be reviewed in following up with the Department. The Plumbing Foundation reiterates its commendations to the NYC Council and specifically Council Members Brewer and Sanchez for holding the hearing on one of the most important topics for the plumbing industry: gas safety. We will continue to discuss improvements to gas safety enforcement with the Department and Council. As of the issuance of this newsletter, the Department has already contacted the industry on making improvements pursuant to this hearing. We look forward to continuing working with the Council and Department.

NYC DEP Amnesty Program Notice

Recently, the NYC Department of Environmental Protection (DEP) released its water bill Amnesty Program. Please see note from the DEP below: “We know that many NYC residents suffered during the pandemic, and many have fallen behind on their water bills. As a result, the Water Board has approved a one-time-only effort to help New Yorkers catch up. This is the broadest amnesty program DEP has ever offered: customers in all tax classes and with any amount of water bill debt are eligible, which means that nearly 1 in 4 of our customers may be able to benefit. The Amnesty Program will offer customers up to 100% forgiveness of accrued interest if they pay all or part of their outstanding debt and enter into a payment agreement. There is still further support available for low-income water customers. The Amnesty Program will run for 90 days from today’s launch. Once it is over, DEP will begin aggressively pursuing enforcement actions against those accounts that are still delinquent and who have not taken advantage of the amnesty. So please encourage anyone you know who may be behind on their water bill to take advantage of this offer now! Save now on your water bill, get amnesty today!” For more information, please visit: www.nyc.gov/site/dep/pay-my-bills/amnesty-program.page

DOB Training Connect SST Card Reminder

The Plumbing Foundation seeks to remind the industry that as of February 1, 2023, anyone that holds a Site Safety Training Card MUST have the reissued DOB Training Connect Card. For more information, please see the April 2022 Service Update: www.nyc.gov/assets/buildings/pdf/training_connect_sn.pdf

2023 NYS Legislative Session – Albany Update

January 4th marked the first day of the 2023 NYS Legislative Session, which is also year one of a two-year session and which means bills from last year need to be reintroduced. Since January, the NYS Senate and Assembly have been introducing bills in their respective houses, including the Plumbing Foundation’s modular construction legislation, and during that time Governor Kathy Hochul also released her Executive Budget Proposal for FY 2024. Below highlights the major legislative items for the Plumbing Foundation.

Modular Construction Legislation

The Senate and Assembly both passed the modular construction legislation in 2022. Sponsored by Senator Jessica Ramos and Assemblyman Erik Dilan, S.5422/A.2512 requires all phases of modular construction, whether occurring in a factory or on-site, to comply with NYC licensing standards. This means the work must be done by or under the continuing supervision of a licensed master plumber, fire suppression contractor, and electrician. The bill simply requires that modular construction is held to the same safety standard as traditional stick-built construction. After passage in both houses, the bill was not delivered to the Governor until December 2022 and, unfortunately, Governor Hochul vetoed the bill along with a package of other bills without further discussion or consideration of Chapter Amendments. The veto message cited current enforcement by the NYC Department of Buildings (DOB), which we have learned over the years is inconsistent and lacking in its “third party certification” process of modular projects. The veto message also mentioned affordable housing concerns. There has been zero data to prove an actual impact on affordable housing and, more importantly, our legislation would ensure affordable housing projects being built by modular technology are safer. Affordable housing is for our most vulnerable population and they deserve safe structures, which means those projects must also comply with the NYC Construction Code fully, including licensing requirements. The veto message also expressed concern for out of state contractors, which is a confusing sentiment that our Governor would focus on rather than in-state jobs. The Plumbing Foundation is optimistic the bill will be passed by both houses again this year and that direct conversations with the Governor’s office will clarify the confusion and misinformation that seemed to misconstrue the purpose and practical implications of the bill.

Executive Budget / Gas Ban / Climate Action Council

The Governor’s proposed budget language in the Transportation, Economic Development and Environmental Conservation bill (known as an “Article VII” bill as opposed to an appropriations bill) includes a provision banning fossil fuel systems in new buildings by the end of 2028 as well as a ban on replacements to existing systems by January 1, 2035. While NYC already has a law in place banning gas systems on new construction come 2024, the ban to replace existing systems would place another very expensive and ill-conceived mandate on New Yorkers. The Governor’s gas ban language comes following the NYS Climate Action Council’s (CAC) final scoping plan that was issued in December 2022. The plan, officially submitted to the Governor and Legislature on January 1, 2023, includes recommendations on how the state can achieve its goals set by the Climate Leadership and Community Protection Act (CLCPA), which requires a 40% reduction in greenhouse gas emissions by 2030 and an 85% reduction by 2050, as compared to 1990 levels. The CAC received 35,000 written comments in response to its draft plan, including by the Plumbing Foundation which expressed concerns with costs and a lack of thorough consideration of other types of renewable energy sources such as renewable natural gas and hydrogen. The final plan seemed to ignore a lot of similar feedback; it proposed a cap-and-invest program and did not recommend what many pushed for as an “all the above” approach. Implementation of the CAC plan requires action by municipalities and the New York State Department of Environmental Conservation (DEC). DEC regulation will require an impact statement and consideration of costs. The Plumbing Foundation is actively engaging the Legislature on the proposed budget provision and is monitoring actions following the CAC plan, including DEC regulatory action. We will provide further updates on legislative and regulatory action.

Congestion Pricing

As a brief reminder, congestion pricing was passed in the NYS budget in 2019. After much delay in completing a federally required environmental impact analysis, in August 2022 the long-awaited analysis on the proposed congestion pricing plan for NYC was released. The lengthy analysis included seven scenarios evaluated by the MTA which propose prices from $9 to $23 per vehicle entering the zone. As a reminder, the 2019 law defines the zone as Manhattan at and below 60th Street with exemptions for the FDR Drive and West Side Highway. The only exceptions proposed in the analysis include certain vehicles carrying people with disabilities and authorized emergency vehicles. In addition, people whose primary residence is inside the district and whose income is less than $60,000 would be eligible for a state tax credit equal to the amount of their tolls. But 24/7 service vehicles (e.g., plumbers answering emergency calls) are not a proposed exemption. In September 2022, the Plumbing Foundation submitted written comments stating a request for a service vehicle exemption or discount. Most recently, the MTA announced that, while awaiting further federal approval of the environmental assessment, congestion pricing is again delayed at least through the first quarter of 2023. The Plumbing Foundation continues to advocate on this issue and will keep the industry apprised of its efforts.

Other Bills

Other important topics that the Plumbing Foundation will be working on at the state level this year include thermal energy and hydrogen (in terms of ensuring this type of work is regulated and the state and city require qualified persons to conduct installations of these types of systems, as well as homeowner incentives for use of these systems). We are also in support of the Emergency Responder Act, recently reintroduced by Senator James Skoufis as S.3312, which would provide licensed design professionals and construction service providers the rights and benefits limiting liability for providing advice, services, labor, and materials during times of emergency, crisis, or catastrophe. Protection like this is vital to ensure those professionals and service providers can react and assist in such emergency situations without being held to a liability standard that other first responders are otherwise not.

NYC DOHMH Adopts Important Water Tank Rules

Effective March 11, 2023, the NYC Department of Health and Mental Hygiene (DOHMH) adopted proposed rules increasing the penalty for violations related to water tank inspections. The proposed amendments would create new penalties for failure to comply with requirements and update current penalties. In addition, these proposed rules add specific penalties for violations relating to chemical treatment of building drinking water. The Plumbing Foundation is supportive of the proposed rules as they properly incentivize responsible parties to comply with pertinent water quality and safety measures under the NYC Health Code, including but not limited to chemical and product standards, recordkeeping requirements, and water tank inspector qualifications. The Plumbing Foundation commends DOHMH for establishing these penalties. Strong enforcement by DOHMH will no doubt increase compliance and therefore increase the safety of the city’s drinking water tanks. For more information, please visit: rules.cityofnewyork.us/rule/water-tank-inspection-penalties-2/

Fix a Leak Week At Home Activity

Download a PDF version of this EPA WaterSense® publication EPA832-F-09-004 Fix a Leak Week Family Fact Sheet

Fix a Leak Week, sponsored by the U.S. Environmental Protection Agency’s WaterSense® program, takes place in March. It’s a time when families are encouraged to check for water leaks and drips in bathrooms, kitchens, and yards at home.

What Is WaterSense?

The U.S. Environmental Protection Agency, or EPA for short, is the part of our nation’s government that helps to protect the air we breathe, the water we drink, and the land where we live. EPA’s WaterSense program encourages Americans to use only the water they need and avoid wasting this precious resource. This concept, known as “water efficiency,” is important because the more people there are on the planet, the more strain it puts on limited water supplies. In fact, from 1950 to 2005, the number of people living in the United States doubled, while the demand for water more than tripled. Using only what we need helps keep this growing thirst for water in check.

The Facts on Leaks:

• Did you know that, in a year, water leaks in your home can waste enough water to fill a backyard swimming pool? And if we added up all the water leaking in people’s homes right now it could fill nearly a trillion gallon milk jugs? That’s enough water for all the people living in the cities Los Angeles, Chicago, and Miami combined.
• Water-wasting leaks include running toilets, dripping faucets, and other leaking pipes around your home. Most of these leaks can be fixed easily.
• Fixing these leaks can save your family more than 10 percent on water bills. That’s like saving $1 for every $10 spent on water.

Finding Leaks:

• Ask your parents to help you find the water meter on your house. Usually, it’s on the outside of the house in a box or under a metal cover on the sidewalk that says “Water.” The numbers in the box represent either gallons or cubic
• feet of water used in your home. Check your meter, then don’t flush the
• toilet, run the faucet, or use any water for two hours. At the end of the
• two hours, check the water meter again. If the meter does not read exactly the same, you probably have a leak.
• Walk through your house listening for running toilets and looking for drips. Drips usually mean leaks.
• Find out if your toilet is leaking silently by placing a drop of food coloring in the toilet tank (that’s the area behind the toilet seat—ask for mom or dad’s help to remove the lid). If color shows up in the toilet bowl after a few minutes without flushing, you have a leak. Once you finish the experiment, flush a few times so you don’t stain the toilet.

Faucets:

• Take a watch or clock with a second hand and time how often your faucet drips. A leaky faucet that drips at the rate of one drip per second can waste more than 3,000 gallons in a year!
• There are parts that hold your faucet together called washers and gaskets—they can wear down and cause drips. If someone in your house is handy, these parts usually can be replaced easily.
• There’s also a little screen device called an “aerator” that can be screwed onto the tip of your faucet—it adds air into the water stream so you can use less water to wash your hands or brush your teeth without noticing a difference in water flow. Ask your parents to look for the WaterSense label when buying an aerator or replacing a faucet—that means the product will work well and save water.

Showers:

• Showerheads—the place where water comes out in streams at the top of your shower—can also get old and leak, even when the water is not on. A showerhead that drops just 10 drips in a minute wastes more than 500 gallons per year. That’s enough water, if you saved it all up, to wash 60 loads of dishes in your dishwasher!
• Most leaky showerheads can be fixed by making sure they’re screwed in tight. Having someone handy wrap the showerhead in “pipe tape,” a special tape available at hardware stores, and using a wrench to tighten it will help.

Toilets:

• It’s one of the oldest prank phone calls—“Is your toilet running? Then you’d better catch it!” But a running toilet is no joke. If you can hear the water in your toilet making noise, even when no one flushed recently, you have a running toilet that could be wasting 200 gallons of water or more every day! Sometimes you just need to jiggle the handle to fix it, but sometimes a part needs to be replaced.
• Many toilets leaks are caused because the “flapper” is decayed or broken.
• The flapper is a rubber piece that opens up to let the water flow from the
• tank into the bowl when you pull down on the toilet handle. If someone in your house is handy, they can easily replace this inexpensive part of your toilet.
• If the problem is not just an old flapper and your family has to replace a leaky toilet, tell your par- ents to look for one with the WaterSense label to save both water and money on your family’s water and sewer bill.

Outdoors:

• Check your garden hose for leaks where it connects to the side of the house. If it leaks when the hose is turned on, make sure the hose is screwed in tight. If that doesn’t work, someone handy may need to replace the nylon or rubber hose washer or wrap the “spigot,” which is the metal faucet where the end of the hose attaches to the wall, in pipe tape.
• If your family has a sprinkler system that waters your lawn, remind your parents to check the system each spring before turning it on to make sure the sprinklers were not broken during the winter or have sprung any leaks.

For more information, visit www.epa.gov/watersense

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.

Winners of the 2021-22 Eugene Cardoza Memorial Scholarship

The 2022 winners of the Eugene Cardoza Memorial Scholarship Program have been determined. Further information on the scholarship program can be found on the Association of Contracting Plumbers’ website (acpcny.org). Five recipients will receive $5,000 a year towards a collegiate education. As a reminder, all scholarship applications are reviewed by an independent panel of educators and selections are based upon academic achievement, community service, and extracurricular activities. The Trustees of the Promotion Fund and the ACP Executive Board are happy to announce the following 2022 winners: Evelyn Sullivan Elizabeth Vasylets Luke Tozzo Hailey Coger Celia Little Congratulations to all the winners, we wish you luck on your future endeavors!

NYC DOB Enforcement of Gas Card for Test, Rough, & Finish Inspections

Please be advised that the NYC Department of Buildings (DOB) has ramped up enforcement of gas cards for gas tests and rough and finish inspections. While these types of inspections have been covered by Local Law 150 of 2016 DOB Gas Qualification requirement, it seems only recently that enforcement has been active. There is an April 2021 Service Notice outlining enforcement of the law, see below.

NYC Buildings, Industry Notice, Gas Work Qualification, Distributed: April 20, 2021

Link to pdf version: https://www1.nyc.gov/assets/buildings/pdf/industry_notice_ll_150of16_gas_work_qualification.pdf

Follow-Up #2 – Local Law 150 of 2016: Gas Work Qualification Requirement

As of January 1, 2020, all gas work, as defined in NYC Fuel Gas Code and including the installation, testing, and maintenance of fuel-gas piping systems, appliances, and related accessories must be performed by a Licensed Master Plumber or by:

• a person who holds a Gas Work Qualification issued by the NYC Department of Buildings (DOB) working under the direct and continuing supervision of a Licensed Master Plumber; or
• a person who holds a Limited Gas Work Qualification issued by DOB working under the personal and immediate supervision of a person who holds a Gas Work Qualification or a Licensed Master Plumber.

Persons qualified to perform gas work must carry their Department issued Gas Work Qualification Card and a government issued photo identification at all times while engaged in gas work and must present the card and identification upon request of any authorized enforcement officer. Gas work performed by a person who does not possess the required qualifications will result in enforcement action, which may include but not be limited to issuance of the following:

• a violation carrying a penalty of $5,000 pursuant to 1 RCNY § 102 01;
• an order to remove and reinstall the appliance/system;
• a Stop Work Order.

Use the License Search on the Department’s website to ensure the professional hired to perform gas work is a Licensed Master Plumber.

Congestion Pricing Details Underway

A long awaited analysis on the proposed congestion pricing plan for New York City was released on August 10, 2022. The lengthy analysis includes seven scenarios evaluated by the MTA which propose prices from $9 to $23 per vehicle entering the zone. As a reminder, the 2019 law defines the zone as Manhattan at and below 60th Street with exemptions for the FDR Drive and West Side Highway. The only exceptions proposed in the analysis include certain vehicles carrying people with disabilities and authorized emergency vehicles. In addition, people whose primary residence is inside the district and whose income is less than $60,000 would be eligible for a state tax credit equal to the amount of their tolls. But 24/7 service vehicles (e.g., plumbers answering emergency calls) are not a proposed exemption. Hearings on the analysis began in late August. The Plumbing Foundation plans to submit feedback and a request for a service vehicle exemption or discount and will keep the industry apprised of its efforts. Please check back in the Fourth Quarter Pipecaster for an update on the congestion pricing plan.

In Memoriam: Louis L. Buttermark

The Plumbing Foundation remembers Louis L. Buttermark, founder of Louis L. Buttermark and Sons, Inc., a family-owned and operated plumbing company out of Staten Island which has been in business for over 60 years. Mr. Buttermark passed away on July 26, 2022 at the age of 94. He is the father of Plumbing Foundation Board Member Louis J. Buttermark. A licensed master plumber not only by trade but blood, Mr. Buttermark was the son of a plumbing contractor and married Mary Frances Burns, who also was the daughter of a plumbing contractor. Starting his own company at the age of 33, Mr. Buttermark’s business quickly grew—especially following the opening of the Verrazano Bridge. His company has done work on major NYC landmarks like the Lincoln Center and St. Patrick’s Cathedral. Mr. Buttermark held positions as a Trustee and as President of the Richmond County Plumbing Contractors Association, counterpart to the former Plumbers Union Local 371 before it merged into Local 1. During his term with the association, he co-chaired a high school scholarship program, was involved in negotiations with the plumbers’ union, and co-chaired the association’s annual Richmond County benefit golf outing for the Cooley’s Anemia Foundation. He worked closely with his son Louis on each committee. He was an honorary member of the Association of Contracting Plumbers of the City of New York, Inc. (ACP). Mr. Buttermark retired 20 years ago and left his company to his three sons, Louis, Paul and David. The youngest generation of Buttermark plumbers includes grandchildren James Buttermark, Mario Naccarato, and Nicholas Naccarato. Mr. Buttermark was married to Mary (predeceased, 2020) for 68 years, a father to five children and a grandfather to six. He was a veteran and an avid golfer. Mr. Buttermark was also a member of the New York City Homebuilders Association and the Staten Island Chamber of Commerce. He received the Louis B. Miller Business Leadership Award from the Chamber of Commerce in 1997. He was a longtime resident of Staten Island.

THE PIPECASTER is published by the Plumbing Foundation City of New York, Inc.

Lawrence J. Levine, Chairman; Louis J. Buttermark, Vice Chairman; Barr Rickman, Treasurer; April McIver, Executive Director; Terence O’Brien, Editor. Board of Directors: Anthony D. Altimari, Paul Belli, Marc Breslaw, Louis J. Buttermark, Harris Clark, Alex Greenberg, Nicholas Katragis, Angelo Lemodetis, Lawrence J. Levine, Scott Lyons, Barr Rickman, Richard Turchiano

UPDATE FROM CITY CALIBRATION ON PS200 LMP DEVICE

On August 26th the Plumbing Foundation issued a notice to all Gas Operator Qualification Members regarding the sales and service of the PS200 LMP combustible gas indicator device used for inspections. The flier associated with that notice is included in this Quarter’s Pipecaster. As a follow up, please refer to the following notice from City Calibration: Please be advised that regardless of the Heath Consultants taking over the sales and repairs of the LMP200 devices, at the time City Calibration remains vigilant in fulfilling our obligation to the NYC plumbing industry and will continue our calibration services and data storage. All calibration locations and City Calibration contact information remains the same and is: 516-267-7100 info@citycalibration.com www.citycalibrationcenters.com Please contact the above mentioned for any follow up questions. Link to PDF of notice flier regarding the sales and service of the PS200 LMP

THE PLUMBING FOUNDATION’S ENVIRONMENTAL STATEMENT

Since its establishment in 1986, the Plumbing Foundation has worked diligently to ensure the plumbing industry has as little a “carbon footprint” on New York City as possible. The plumbing industry has historically utilized environmentally friendly materials such as recycled cast-iron and copper piping/fittings. The Foundation will continue in its role of protecting New York City as well as being an advocate for the environment by strengthening its water/sanitary regulations and thereby reducing wasteful water consumption in the City.