|SAME AS||No Same As|
|Rpld & add §1370, rpld §§1373 & 1375, amd §§1370-a, 1370-b & 1370-c, add §§1370-f, 1373 & 1375 - 1379-a, Pub Health L; add §§236-a & 242-a, RP L; amd §§210-B & 606, Tax L; add §99-ff, St Fin L; amd §302-a, Mult Dwell L; amd §305-a, Mult Res L; add §131-y, amd §§143-b & 390-a, Soc Serv L; add §3441, Ins L|
|Enacts the childhood lead poisoning prevention and safe housing act to make enforcement of lead hazard control standards in the state of New York more certain and more effective; creates a loan fund to assist owners in complying with lead-safe requirements; provides for inspections and certification of inspectors and remediators; requires registration of affected properties; provides tax credits for remediation; provides for appointment of deputy commissioner of housing and community renewal to oversee provisions; provides for educational programs relating to lead poisoning and abatement.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3432 SPONSOR: Bichotte
TITLE OF BILL: An act to amend the public health law, the real prop- erty law, the tax law, the state finance law, the multiple dwelling law, the multiple residence law, the social services law and the insurance law, in relation to enacting the "childhood lead poisoning prevention and safe housing act of 2019"; and to repeal certain provisions of the public health law relating thereto   PURPOSE: To improve New York's current laws that focus on secondary prevention. Lead poisoning causes irreparable damage, it is now widely accepted that primary prevention is the key to ending lead poisoning. We cannot wait until the detection of elevated lead in a child's blood before acting to remedy the environmental sources of it. New York's children should not be used as the litmus test for detecting and correcting lead hazards.   SUMMARY OF PROVISIONS: New York still has over 10,000 children identified each year with blood lead levels that are considered "elevated." The proposed bill would require the state Department of Health (NYSDOH) to oversee and implement intensive primary prevention plans in communities with the greatest number of cases of lead poisoning in the previous year. NYSDOH would work with county departments of health to coordinate local efforts. Cities, towns and villages would be encouraged to enter into agreements with the state to implement aspects of the program locally. Various other sections of law would be amended to accomplish the goals of this legislation, including the Real Property, Tax, Multiple Dwelling, Social Services and Insurance Laws. A cornerstone of the primary prevention approach is the requirement that all rental properties built before 1970 (except, multiple dwellings in New York City, which are already covered by Local Law 1 of 2004) be certified as either "lead free," "lead contained," or "lead stabilized" and periodically re-certified to ensure that they do not present a lead hazard if persons at risk of lead poisoning (young children and pregnant women) reside there. Properties would need to meet the standards within two years of passage of the law. Primary prevention would be accomplished by requesting investigations at least annually by property owners, by certified inspectors every three years for "lead-contained" and "lead stabilized" properties, upon renting/leasing a dwelling; and sooner and more frequently if there was a reasonable basis to believe that a condition existed that was condu- cive to creating a lead hazard. For example, if a leak caused damage that compromised the painted surface making it susceptible to produce chipping, peeling or otherwise create lead dust. The inspection and certification requirement would apply to rental dwellings built before 1970 in New York (except New York City multiple dwellings). The legislation also would strengthen some of the inspection and disclosure requirements for home sales. The state would be required to focus its efforts and resources on 30 municipalities and areas within communities that have the highest concentrations of children testing with elevated blood lead levels. The bill also would require inter- vention by local health departments whenever a child has a level of 10 micrograms of lead per deciliter of blood ("ug/dL") or greater. The Health commissioner would be authorized to set a lower threshold. Dust wipe clearance tests would be required after lead clean ups are conducted to ensure that they had been performed properly and the dwell- ing was safe for a child to return. This legislation would create tax credits for property owners and require the state to issue bonds to create a revolving loan fund to provide resources for low-coat or no-cost loans for property owners to comply with the law and eliminate or reduce lead hazards. These tax credits and loans would also apply to multiple dwellings in New York City.   JUSTIFICATION: Each year in New York State an additional 10,000 children under the age of six years are newly identified as having blood lead levels of 10 ug/dL or greater, the action level under federal Centers for Disease control and Prevention ("CDC") guidelines. The actual number of cases is undoubtedly much higher, given that only about 1/3 of one and two year olds are screened as required by state law. Although New York state banned the sale of lead paint in 1970 (1.1970, ch. 338), seventy-four percent of New York's housing stock has constructed prior to 1970. New York State has both the largest percent- age and the largest absolute number of older housing units with lead paint in the nation, and the second highest number of children with elevated blood lead levels. Medical research indicates that children can suffer permanent, irrepara- ble damage at blood levels even lover than 10 ug/dL, and that there is no level of lead ingest, ion which is without adverse impact. Medical research also indicates that fetal injuries from ingested lead can occur if women have elevated blood levels during pregnancy. Moreover, there is no level of lead ingestion that does not injure children. Lead poisoning results in the impairment of the ability to think, concentrate and learn. Prevention is the only way to protect children from irreversible damage. Because of this, intervention measures that wait until children have been exposed have limited benefits, and the pursuit of primary prevention, which means eliminating lead hazards before children are exposed, has been recommended by the CDC, the U.S. Department of Housing and Urban Development ("HUD"), and promoted by leading, experts in the field as a critical course or action to protect the health of young children. As the CDC has stated: Evidence suggests that the benefits of secondary prevention are limited. To ensure successful elimination of elevated (blood lead levels) in children, programs must not rely solely on screening and secondary prevention but also focus on preventing lead exposure through the imple- mentation of housing-based primary prevention. According to "PREVENTING LEAD EXPOSURE IN YOUNG CHILDREN, A HOUSING-BASED APPROACH TO PRIMARY PREVENTION OF LEAD POISONING," October 2004, ct 9., exposure to deteriorating lead-based paint in older resi- dences results in increased expenses each year for the state of New York in the form Of special education and other education expenses, medical care for lead poisoned children, and expenditures for delinquent youth and others needing special supervision. While lead paint hazards are found in urban, suburban and rural areas, data compiled by HUD shows that the greatest lead poisoning threats are in those areas with older, deteriorated housing, primarily rentals, where lower income and non-white New Yorkers reside. Unfortunately, while the public health dimensions of lead paint in New York's housing stock has long been recognized, the regulatory response remains inadequate. In fact, back in 1970, in New York's first attempt to limit the lead poisoning epidemic by enacting Title X of Article 13 of the public Health Law (codified at PHL S 1370 et seg.), the legisla- ture declared: The occurrence of the disease of lead poisoning in children has became a major public health concern. Severe lead poisoning cases result in death or mental retardation. It is estimated that children in our nation with abnormally high blood levels of lead number in the hundreds of thou- sands. Many thousands of children in the cities of our state are actual or potential victims of lead poisoning. The disease of lead poisoning is most prevalent in areas of old and deteriorating housing where leaded paint and plaster in a peeling condition is accessible for ingestion by young children. Lead poisoning is a disease which will require the concerted effort of public health agencies and other agencies concerned with the availabili- ty of healthful housing for the people of our state before the disease can be brought under control and its incidence reduced. Nearly four decades later, New York still lacks critical mechanisms to control, avoid, and abate lead-based paint hazards in the dwellings of vulnerable children before they become irreparably harmed. While the NYSDOH has called for the elimination of childhood lead poisoning in New York state by 2010, these goals cannot be met unless a comprehensive, primary prevention approach becomes the law of this State.   LEGISLATIVE HISTORY: A.2087-a of 2009-2010 (Peoples- Stokes): Died in Health S.2412 of 2015-2016 (Perkins): Died in Health S.1568 of 2013-2014 (Perkins): Died in Health S.2419-A of 2011-2012 (Perkins): Died in Health S.1002-A of 2009-2010 (Perkins): Died in Health / Died in Finance A.2087-A of 2009-2010 (Peoples - Stokes): Died in Health S.4121-A of 2007-2008(Perkins) : Died in Health A.7533A of 2007-2008 (People- Stokes): Died in Health   FISCAL IMPLICATIONS: Unable to determine at this time.   LOCAL FISCAL IMPLICATIONS: Unable to determine at this time.   EFFECTIVE DATE: Immediately.
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STATE OF NEW YORK ________________________________________________________________________ 3432 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. BICHOTTE -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, the real property law, the tax law, the state finance law, the multiple dwelling law, the multiple residence law, the social services law and the insurance law, in relation to enacting the "childhood lead poisoning prevention and safe housing act of 2019"; and to repeal certain provisions of the public health law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "childhood 2 lead poisoning prevention and safe housing act of 2019". 3 § 2. Legislative findings and purposes. 1. (a) Lead poisoning of 4 children persists as one of the most prevalent and preventable environ- 5 mental diseases in New York. At least 10,000 children were newly iden- 6 tified with levels of lead in their blood at 10 micrograms per deciliter 7 (ug/dl) in New York state in 2001. Moreover, only about one-third of 8 children are receiving the lead screenings that are required by law and 9 therefore, the actual number of children affected by the ingestion of 10 lead is undoubtedly significantly greater than reported. Prevention is 11 the only effective way to protect children from irreversible damage. 12 Unless lead poisoning is prevented, elevated blood lead levels will 13 result in impairment of the ability to think, concentrate, and learn. 14 (b) Medical research indicates that children can suffer permanent, 15 irreparable damage at blood levels even lower than 10 ug/dl, and that 16 there is no level of lead ingestion which is without adverse impact. 17 Medical research also indicates that fetal injuries from lead paint can 18 occur if women have elevated blood levels during pregnancy. Because of 19 this, intervention measures that wait until children have been exposed 20 have limited benefits, and the pursuit of primary prevention, which 21 means eliminating lead hazards before children are exposed, has been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07384-01-9A. 3432 2 1 recommended by the United States centers for disease control and 2 prevention and promoted by leading experts in the field as a critical 3 course of action to protect the health of young children. 4 (c) The predominant cause of lead poisoning in children is the inges- 5 tion of lead particles from deteriorating or abraded lead-based paint 6 from older and poorly maintained residences. 7 (d) Deteriorating lead-based paint or excessive amounts of lead-conta- 8 minated dust in these poorly maintained homes endangers the intellectual 9 and emotional development and physical well being of affected children. 10 In addition, unsafe work practices that inadequately control lead dust 11 in the repair or renovation of older homes can cause substantial lead 12 hazards. 13 (e) Although New York state banned the sale of lead paint in 1970, 14 (l.1970, ch. 338) seventy-four percent of New York's housing stock was 15 constructed prior to 1970. At least ninety percent of lead-based paint 16 still remaining in occupied housing exists in units built before 1960. 17 New York state has both the largest percentage and the largest absolute 18 number of older housing units with lead paint in the nation. 19 (f) The dangers posed by lead-based paint can be substantially 20 reduced, although not eliminated, by taking measures to prevent paint 21 deterioration and limiting children's exposure to paint chips and lead 22 dust. 23 (g) The deterioration of lead-based paint in older residences results 24 in increased expenses each year for the state of New York in the form of 25 special education and other education expenses, medical care for lead- 26 poisoned children, and expenditures for delinquent youth and others 27 needing special supervision. 28 (h) Older housing units remain an important part of New York's housing 29 stock, particularly for those of modest or limited incomes. The problem 30 of lead-based paint in housing affects urban, suburban and rural areas 31 of the state. 32 (i) The existing housing codes and enforcement systems in most juris- 33 dictions do not include primary prevention measures for lead hazards and 34 have proven ineffective in encouraging widespread lead-based paint 35 hazard abatement, mitigation, and control. 36 (j) The financial incentives currently in place have not proven suffi- 37 cient to motivate landlords and other property owners to undertake wide- 38 spread and effective lead-based paint hazard abatement, mitigation, and 39 control; moreover low and moderate income property owners may not have 40 access to the resources to eliminate or reduce substantially lead 41 hazards. 42 (k) Insurance companies are reluctant to provide coverage to property 43 owners in the absence of evidence that lead hazards have been appropri- 44 ately addressed. 45 (l) Knowledge of lead-based paint hazards, their control, mitigation, 46 abatement, and risk avoidance is not sufficiently widespread, especially 47 outside urban areas. 48 2. The purposes of this act are: (a) to increase the supply of afford- 49 able rental housing in the state of New York in which measures have been 50 taken to eliminate or substantially reduce the risk of childhood lead 51 poisoning; 52 (b) to ensure that New York's response to lead-based paint hazards 53 focuses on primary prevention as the essential tool to combat childhood 54 lead poisoning, and thus to substantially reduce, and eventually elimi- 55 nate, the incidence of childhood lead poisoning in the state of New 56 York;A. 3432 3 1 (c) to establish and make enforcement of lead hazard control standards 2 in the state of New York more certain and more effective; 3 (d) to improve public awareness of lead safety issues and to educate 4 both property owners and tenants about practices that can reduce the 5 incidence of lead poisoning; 6 (e) to provide access to the resources for property owners and land- 7 lords who commit to undertake specified lead hazard reduction measures; 8 and 9 (f) to facilitate the availability and affordability of liability 10 insurance protection to those landlords and other owners who undertake 11 specified lead hazard reduction measures. 12 § 3. Section 1370 of the public health law is REPEALED and a new 13 section 1370 is added to read as follows: 14 § 1370. Definitions. 1. "Abatement" means any set of measures 15 designed to permanently eliminate lead-based paint or lead-based paint 16 hazards. Abatement includes the removal of lead-based paint, the perma- 17 nent enclosure or encapsulation of lead-based paint, the replacement of 18 components or fixtures painted with lead-based paint, and the removal or 19 permanent covering of soil-based hazards. 20 2. "Affected property" means a room or group of rooms within a proper- 21 ty constructed before nineteen hundred seventy that form a single inde- 22 pendent habitable dwelling unit for occupation by one or more individ- 23 uals that has living facilities with permanent provisions for living, 24 sleeping, eating, cooking, and sanitation. "Affected property" does not 25 include: 26 (a) an area not used for living, sleeping, eating, cooking, or sanita- 27 tion, such as an unfinished basement, that is not readily accessible to 28 children under seven years of age; 29 (b) a unit within a hotel, motel, or similar seasonal or transient 30 facility unless such unit is occupied by one or more persons at risk for 31 a period exceeding thirty days; 32 (c) an area which is secured and inaccessible to occupants; 33 (d) a unit which is not offered for rent or incident to employment; 34 (e) housing for the elderly, or a residential property designated 35 exclusively for persons with disabilities; except this exemption shall 36 not apply if a person at risk resides or is expected to reside in the 37 dwelling unit or visits the dwelling unit on a regular basis; 38 (f) an unoccupied dwelling unit or residential property that is to be 39 demolished, provided the dwelling unit or property will remain unoccu- 40 pied until demolition; or 41 (g) in cities of more than one million population, a multiple dwell- 42 ing, as defined in section four of the multiple dwelling law. 43 "Affected property" also excludes any property owned or operated by a 44 unit of federal, state, or local government, or any public, quasi-publ- 45 ic, or municipal corporation, if the property is subject to lead stand- 46 ards that are equal to, or more stringent than, the requirements for 47 lead-stabilized status under subdivision three of section thirteen 48 hundred seventy-six of this title, but does include privately-owned 49 properties that receive governmental rental assistance. 50 3. "Area of high risk" means an area designated as such by the 51 commissioner or his or her representative and consisting of one or more 52 dwellings in which a condition conducive to lead poisoning of children 53 is present or, additionally, any census tract or block group within the 54 state where, during any single year, more than twenty-five children have 55 been identified with elevated blood lead levels.A. 3432 4 1 4. "Change in occupancy" means a change of tenant in an affected prop- 2 erty in which the property is vacated and possession is either surren- 3 dered to the owner or abandoned. 4 5. "Chewable surface" shall mean a protruding interior windowsill in 5 a dwelling unit in an affected property that is readily accessible to a 6 child under age seven. "Chewable surface" shall also mean any other type 7 of interior edge or protrusion in a dwelling unit in an affected proper- 8 ty, such as a rail or stair, where there is evidence that such other 9 edge or protrusion has been chewed or where an occupant has notified the 10 owner that a child under age seven residing in that affected property 11 has mouthed or chewed such edge or protrusion. 12 6. "Communities of concern" means those thirty municipalities in the 13 state that have the greatest numbers of children identified with 14 elevated blood lead levels in the prior calendar year within the meaning 15 of subdivision fourteen of this section. 16 7. "Condition conducive to lead poisoning" means: (a) a lead-based 17 paint hazard; and/or (b) other environmental conditions which may result 18 in significant lead exposure, including soil-lead hazards. 19 8. "Containment" means the physical measures taken to ensure that dust 20 and debris created or released during lead-based paint hazard reduction 21 are not spread, blown, or tracked from inside to outside of the work- 22 site. 23 9. "Council" means the advisory council on lead poisoning prevention 24 established pursuant to section thirteen hundred seventy-b of this 25 title. 26 10. "Deteriorated paint" means any interior or exterior paint or 27 other coating that is curling, scaling, flaking, blistering, peeling, 28 chipping, chalking, cracking, or loose in any manner, such that a space 29 or pocket of air is behind a portion thereof or such that the paint is 30 not completely adhered to the underlying subsurface, or is otherwise 31 damaged or separated from the substrate. 32 11. "Deteriorated subsurface" shall mean an unstable or unsound paint- 33 ed subsurface, an indication of which can be observed through a visual 34 inspection, including, but not limited to, rotted or decayed wood, or 35 wood or plaster that has been subject to moisture or disturbance. 36 12. "Dwelling" means a building or structure or portion thereof, 37 including the property occupied by and appurtenant to such dwelling, 38 which is occupied in whole or in part as the home, residence or sleeping 39 place of one or more human beings and shall, without limiting the fore- 40 going, include child care facilities for children under seven years of 41 age, kindergartens and nursery schools. 42 13. "Dwelling unit" means a: 43 (a) single-family dwelling, including attached structures such as 44 porches and stoops; or 45 (b) housing unit in a structure that contains more than one separate 46 housing unit, and in which each such unit is used or occupied, or 47 intended to be used or occupied, in whole or in part, as the home or 48 separate living quarters of one or more persons. 49 14. "Elevated blood lead level" means a quantity of lead in whole 50 venous blood, expressed in micrograms per deciliter (ug/dl), of 10 ug/dl 51 or greater, or such other more stringent level as may be specifically 52 provided in this title or adopted in regulation by the department pursu- 53 ant to rule or regulation. 54 15. "Encapsulation" means the application of a covering or coating 55 that acts as a barrier between the lead-based paint and the environment 56 and that relies for its durability on adhesion between the encapsulantA. 3432 5 1 and the painted surface, and on the integrity of the existing bonds 2 between paint layers and between the paint and the substrate. Encapsula- 3 tion may be used as a method of abatement if it is designed and 4 performed so as to be permanent. 5 16. "Exterior surfaces" means: 6 (a) all fences and porches that are part of a dwelling that is or 7 contains an affected property; 8 (b) all outside surfaces of a dwelling that is or contains an affected 9 property that are accessible to a child under the age of seven and that: 10 (1) are attached to the outside of such dwelling; or 11 (2) consist of other buildings that are appurtenant to such dwelling, 12 such as a garage or shed; and 13 (c) all painted surfaces in stairways, hallways, entrance areas, 14 recreation areas, laundry areas, and garages within a multifamily dwell- 15 ing that are common to individual dwelling units, one or more of which 16 constitutes an affected property, and are accessible to a child under 17 the age of seven. 18 17. "Friction surface" means an interior or exterior painted surface 19 that touches or is in contact with another surface, such that the two 20 surfaces are capable of relative motion and abrade, scrape, or bind when 21 in relative motion. Friction surfaces shall include, but not be limited 22 to, window frames and jambs, doors, and hinges. 23 18. "g" means gram, "mg" means milligram (thousandth of a gram), and 24 "ug" means microgram (millionth of a gram). 25 19. "Hazard reduction" means measures designed to reduce or eliminate 26 human exposure to lead-based hazards. 27 20. "Health care provider" means any health care practitioner author- 28 ized to order a blood lead test and any facility licensed pursuant to 29 article twenty-eight of this chapter. 30 21. "High efficiency particle air vacuum" or "hepa-vacuum" means a 31 device capable of filtering out particles of 0.3 microns or greater from 32 a body of air at an efficiency of 99.97% or greater; "hepa-vacuum" 33 includes use of a hepa-vacuum. 34 22. "Impact surface" means an interior or exterior painted surface 35 that shows evidence, such as marking, denting, or chipping, that it is 36 subject to damage by repeated sudden force, such as certain parts of 37 door frames, moldings, or baseboards. 38 23. "Inspection" means a comprehensive survey by a properly accredited 39 person to determine the presence of lead-based paint and lead-based 40 paint hazards and the provision of a report explaining the results of 41 the inspection. 42 24. "Interior windowsill" means a portion of the horizontal window 43 ledge that is protruding into the interior of a room. 44 25. "Investigation" means an examination conducted by the owner of an 45 affected property, the owner's agent or employee, or someone retained by 46 the owner, in accordance with the requirements established by the deputy 47 commissioner, to determine whether the affected property meets the stan- 48 dards of lead-stabilized status as defined in subdivision three of 49 section thirteen hundred seventy-six of this title. 50 26. "Lead-based paint" means paint or other similar surface coating 51 material containing 1.0 milligrams of lead per square centimeter or 52 greater, as determined by laboratory analysis, or by an x-ray fluores- 53 cence analyzer. If an x-ray fluorescence analyzer is used, readings 54 shall be corrected for substrate bias when necessary as specified by the 55 performance characteristic sheets released by the United States environ- 56 mental protection agency and the United States department of housing andA. 3432 6 1 urban development for the specific x-ray fluorescence analyzer used. 2 X-ray fluorescence readings shall be classified as positive, negative or 3 inconclusive in accordance with the United States department of housing 4 and urban development guidelines for the evaluation and control of lead- 5 based paint hazards in housing (June 1995, revised 1997) and the 6 performance characteristic sheets released by the United States environ- 7 mental protection agency and the United States department of housing and 8 urban development for the specific x-ray fluorescence analyzer used. 9 X-ray fluorescence readings that fall within the inconclusive zone, as 10 determined by the performance characteristic sheets, shall be confirmed 11 by laboratory analysis of paint chips, results shall be reported in 12 milligrams of lead per square centimeter and the measure of such labora- 13 tory analysis shall be definitive. If laboratory analysis is used to 14 determine lead content, results shall be reported in milligrams of lead 15 per square centimeter. Where the surface area of a paint chip sample 16 cannot be accurately measured or if an accurately measured paint chip 17 sample cannot be removed, a laboratory analysis may be reported in 18 percent by weight. In such case, lead-based paint shall mean any paint 19 or other similar surface-coating material containing more than 0.5% of 20 metallic lead, based on the non-volatile content of the paint or other 21 similar surface-coating material. 22 27. "Lead-based paint hazard" means any condition in, or proximate to, 23 a dwelling or dwelling unit occupied by a person at risk that causes 24 exposure to lead from lead-contaminated dust, from lead-based paint that 25 is deteriorated, or from lead-based paint that is present on chewable 26 surfaces, deteriorated subsurfaces, friction surfaces, or impact 27 surfaces, or in soil, that would result in adverse human health effects. 28 28. "Lead-contained" means property that has attained lead-contained 29 property status within the meaning of subdivision six of section thir- 30 teen hundred seventy-six of this title. 31 29. "Lead-contaminated dust" means surface dust that contains a mass 32 per area concentration of lead equal to or exceeding 40 micrograms per 33 square foot ("ug/ft2") on floors, or 250 ug/ft2 on interior windowsills 34 based on wipe sample, or 400 ug/ft2 on window wells, or such more strin- 35 gent standards as may be adopted by the department. 36 30. "Lead-free" means property that has attained lead-free property 37 status within the meaning of subdivision five of section thirteen 38 hundred seventy-six of this title. 39 31. "Lead-stabilized" means property that has attained lead-stabilized 40 property status within the meaning of subdivision four of section thir- 41 teen hundred seventy-six of this title. 42 32. "Local designee" means a municipal, county, or other official 43 designated by the deputy commissioner of public health as responsible 44 for assisting the designating authority, relevant state agencies, and 45 relevant county and municipal authorities, in implementing the activ- 46 ities specified by this article for the localities. 47 33. "Occupant" means any individual living or sleeping in a building, 48 or having possession of a space within a building. 49 34. "Owner" means a person, firm, corporation, nonprofit organization, 50 partnership, government, guardian, conservator, receiver, trustee, exec- 51 utor, or other judicial officer, or other entity which, alone or with 52 others, owns, holds, or controls the freehold or leasehold title or part 53 of the title to property, with or without actually possessing it. Such 54 term includes a vendee who possesses the title, but does not include a 55 mortgagee or an owner of a reversionary interest under a ground rentA. 3432 7 1 lease. "Owner" includes any authorized agent of the owner, including a 2 property manager or leasing agent. 3 35. "Permanent" means an expected design life of at least twenty 4 years. 5 36. "Person" means any natural person. 6 37. "Person at risk" means a child under the age of seven years or a 7 pregnant woman who resides in an affected property. 8 38. "Program" means the lead poisoning prevention program in the 9 department established pursuant to section thirteen hundred seventy-a of 10 this title. 11 39. "Relocation expenses" means all expenses necessitated by the relo- 12 cation of a tenant's household to housing free of lead hazards, includ- 13 ing, but not limited to, moving and hauling expenses, the hepa-vacuuming 14 of all upholstered furniture, laundering of clothes and linens, payment 15 of a security deposit for the relocation housing, and installation and 16 connection of utilities and appliances. 17 40. "Soil-lead hazard" means soil in a play area where the soil-lead 18 concentration from a composite play area sample of bare soil is equal to 19 or greater than 400 parts per million; or in the rest of the yard when 20 the arithmetic mean lead concentration from a composite sample (or 21 arithmetic mean of composite samples) of bare soil from the rest of the 22 yard (i.e., non-play areas) is equal to or greater than 1,200 parts per 23 million. 24 41. "Tenant" means the individual named as the lessee in a lease, 25 rental agreement or other form of occupancy agreement, whether written 26 or oral, for a dwelling unit, and includes tenancies incident to employ- 27 ment. Where applicable, the term "tenant" shall also include any occu- 28 pant of the tenant's household. 29 42. "Wipe sample" means a sample collected by an appropriately accred- 30 ited person wiping a representative surface of known area, as determined 31 by American Society for Testing Materials (ASTM) e1728 ("standard prac- 32 tice for the field collection of settled dust samples using wipe sampl- 33 ing methods for lead determination by atomic spectrometry techniques"), 34 with lead determination conducted by an accredited laboratory partic- 35 ipating in the environmental lead laboratory accreditation program 36 (nlap). 37 § 4. Subdivision 2 of section 1370-a of the public health law, as 38 added by chapter 485 of the laws of 1992, paragraphs (a) and (c) as 39 amended by section 4 of part A of chapter 58 of the laws of 2009, is 40 amended and three new subdivisions 4, 5 and 6 are added to read as 41 follows: 42 2. The department shall: 43 (a) identify and designate as communities of concern the thirty muni- 44 cipalities in the state having the greatest numbers of children identi- 45 fied with elevated blood lead levels, and, in cooperation with local 46 health officials and municipal officials, develop a local primary 47 prevention plan for each community of concern to prevent exposure to 48 lead consistent with this title. The commissioner is authorized to 49 enter into and shall enter into agreements or memoranda of understanding 50 with, and provide technical and other resources to, communities of 51 concern and shall ensure that the primary prevention plan targets 52 persons at risk living in the highest risk affected housing in the 53 community. Municipalities identified by the commissioner shall cooper- 54 ate fully with the department in the formulation and implementation of 55 the primary prevention plan for the designated community of concern;A. 3432 8 1 (b) identify and designate as areas of high risk any census tract or 2 block group in the state in which during any single year, more than 3 twenty-five children have been identified with elevated blood lead 4 levels. In such areas of high risk, the department shall further require 5 that the county commissioner of health, in cooperation with appropriate 6 local municipal officials, prioritize and implement the inspection of 7 affected properties with persons at risk, and require the abatement of 8 lead-based paint hazards, or the stabilization of all conditions condu- 9 cive to lead poisoning in these inspected units using lead safe work 10 practices, in accordance with the definitions and provisions of this 11 title; 12 (c) promulgate and enforce regulations [ for screening children and13 pregnant women, including requirements for blood lead testing, for lead14 poisoning, and for follow up of children and pregnant women who have15 elevated blood lead levels] necessary for the implementation of all 16 portions of this title, except where responsibility for implementing 17 specific portions of this title is specifically assigned to the commis- 18 sioner of housing and community renewal or to the commissioner of taxa- 19 tion and finance; 20 [ (b)] (d) enter into interagency agreements to coordinate lead poison- 21 ing prevention, exposure reduction, identification and treatment activ- 22 ities and lead reduction activities with other federal, state and local 23 agencies and programs; 24 [ (c)] (e) establish a statewide registry of lead levels of children 25 provided such information is maintained as confidential except for (i) 26 disclosure for medical treatment purposes; (ii) disclosure of non-iden- 27 tifying epidemiological data; and (iii) disclosure of information from 28 such registry to the statewide immunization information system estab- 29 lished by section twenty-one hundred sixty-eight of this chapter; and 30 [ (d)] (f) develop and implement public education and community 31 outreach programs on lead exposure, detection and risk reduction. 32 4. The commissioner or the commissioner's designee shall develop 33 culturally and linguistically appropriate information pamphlets regard- 34 ing childhood lead poisoning, the importance of testing for elevated 35 blood lead levels, prevention of childhood lead poisoning, treatment of 36 childhood lead poisoning, and tenants' and owners' rights and responsi- 37 bilities under this title. These information pamphlets shall be 38 distributed as follows: 39 (a) by the owner of any affected property or his or her agents or 40 employees at the time of the initiation and renewal of a rental agree- 41 ment to the tenant; 42 (b) by the health care provider to the parent or guardian of a child 43 at the time of a child's birth and at the time of any childhood immuni- 44 zation or vaccine unless it is established that such information 45 pamphlet has been provided previously to the parent or legal guardian by 46 the health care provider within the prior twelve months. Health care 47 providers shall also revise their patient forms to include a reminder to 48 check the lead screening status of each child under six years of age; 49 (c) by the owner or operator of any child care facility, pre-school, 50 or kindergarten class on or before October fifteenth of each calendar 51 year, to the parent or guardian of a child enrolled in such facility; 52 (d) by an obstetrician or gynecologist to each patient of child-bear- 53 ing age at the patient's first visit and at each pregnancy of the 54 patient; andA. 3432 9 1 (e) by the provider of the women, infants and children program to each 2 person enrolled in such program and upon enrollment and annually there- 3 after. 4 5. Within three months after the close of the fiscal year, the commis- 5 sioner shall report to the advisory council established in section thir- 6 teen hundred seventy-b of this title on the department's implementation 7 of this section during the preceding period. Such report shall be 8 publicly available and shall include, at a minimum, a detailed statement 9 of revenue and expenditures and statement of the department's program, 10 supported by a statistical section with geographic indexing designed to 11 provide a detailed explanation of the department's enforcement, includ- 12 ing but not limited to the following: 13 (a) a statistical profile of dwellings in which violations have been 14 placed pursuant to this title, indicating the ages of the dwellings and 15 other factors relevant to the prevalence of lead-based paint hazards, 16 which may include the prior lead poisoning of a person at risk in the 17 dwelling, outstanding violations, emergency repair charges, tax arrears 18 and mortgage debt; 19 (b) the number of dwelling units inspected by the department or other 20 state or local agency pursuant to this title, the number of such units 21 where a person at risk resided, and the number of inspectors assigned to 22 conduct such inspections; 23 (c) the number of dwelling units in which the occupant complained of 24 peeling paint or a deteriorated subsurface and the number of pre-nine- 25 teen hundred seventy dwelling units in which the existence of such 26 conditions were confirmed by the department or other state or local 27 agency; 28 (d) the number of dwelling units where a person at risk resides in 29 which a violation was placed pursuant to this title, whether the 30 violation was placed in response to an occupant's complaint or other- 31 wise; 32 (e) an evaluation of the department's capability to timely inspect, 33 serve a notice of violation, and enforce the correction of violations; 34 (f) an evaluation of the department's implementation of a program of 35 inspection pursuant to subdivision six of section thirteen hundred 36 seventy-seven of this title; and 37 (g) a tabulation of all municipalities, census tracts, or census block 38 groups which have in any year more than twenty-five children with 39 elevated blood lead levels, including totals of the number of children 40 with such elevated blood lead levels by five point increments. 41 6. The commissioner shall designate a deputy commissioner of health 42 responsible for fulfilling the objectives of this title when such objec- 43 tives involve the responsibilities of the department. 44 § 5. Section 1370-b of the public health law is amended by adding a 45 new subdivision 4 to read as follows: 46 4. The department shall make recommendations to amend this title if 47 any of the following conditions occur: 48 (a) In fiscal year two thousand fifteen, the rate of children who 49 obtain blood-lead testing in compliance with section thirteen hundred 50 seventy-c of this title is less than seventy-five percent; 51 (b) In fiscal year two thousand fifteen, the number of children in 52 this state whose blood-lead level is equal to or exceeds 10 micrograms 53 per deciliter is greater than four thousand; 54 (c) In fiscal year two thousand sixteen, the rate of children who 55 obtain blood-lead testing in compliance with section thirteen hundred 56 seventy-c of this title is less than ninety percent; orA. 3432 10 1 (d) In fiscal year two thousand sixteen, the number of children in 2 this state whose blood-lead level is equal to or exceeds 10 micrograms 3 per deciliter is greater than two thousand. 4 Such recommendations shall be submitted to the advisory council within 5 six months after the close of the fiscal year in which the condition 6 occurs. 7 § 6. Subdivision 1 of section 1370-c of the public health law, as 8 added by chapter 485 of the laws of 1992, is amended and four new subdi- 9 visions 5, 6, 7 and 8 are added to read as follows: 10 1. The department [ is authorized to] shall promulgate and enforce 11 regulations establishing the means by which and the intervals at which 12 [ children and pregnant women] persons at risk shall be screened for 13 elevated blood lead levels and for follow up of persons at risk who have 14 elevated blood lead levels. The department is also authorized to 15 require screening for lead poisoning in other high risk groups. At a 16 minimum, the department shall ensure that all children at both age one 17 year and at age two years and pregnant women shall be screened and that 18 all children who are considered at risk up to six years of age shall be 19 screened at least once each year. 20 5. Each health insurer or health maintenance organization shall report 21 annually to the department its aggregate data regarding compliance with 22 the screening requirements pursuant to this section. Such data shall 23 detail the number and percentage of children seen who were ages one and 24 two, the number and percentage who were screened at age one, and the 25 number and percentage who were screened at age two, separately organized 26 by zip code. This report on screening compliance shall be provided to 27 the department by March first following the end of the calendar year. 28 The comptroller shall include a review of compliance with this section 29 in any audit it performs. 30 6. The department shall include the screening and reporting require- 31 ments in its contracts for services under the medicaid and child health 32 plus programs or any other programs funded in whole or in part with 33 state or local funds and providing health services to persons at risk, 34 and shall impose compliance targets and appropriate penalties or sanc- 35 tions in the event such targets are not achieved. 36 7. By April fifteenth of each year the department shall report to the 37 health committees of the senate and assembly and make publicly available 38 a report on screening rates of the preceding year pursuant to this 39 section, including the actual number and estimated percentage of one 40 year old children and the actual number and estimated percentage of two 41 year old children screened for blood lead, the actual number and esti- 42 mated percentage of children screened at both one year of age and two 43 years of age, the performance of medicaid and child health plus programs 44 or any other programs funded in whole or in part with state and local 45 funds and providing health services to persons at risk, and its actions 46 to publicize and enforce the obligations on health care providers pursu- 47 ant to this section. 48 8. The department shall promulgate regulations establishing penalties 49 for knowing violations of subdivision two of this section. 50 § 7. Sections 1373 and 1375 of the public health law are REPEALED and 51 eight new sections 1370-f, 1373, 1375, 1376, 1377, 1378, 1379 and 1379-a 52 are added to read as follows: 53 § 1370-f. Response to a child with elevated blood lead levels and 54 conditions conducive to lead poisoning. 1. For each person at risk who 55 has a confirmed elevated blood lead level, primary health care providers 56 shall provide or make reasonable efforts to ensure the provision of aA. 3432 11 1 complete diagnostic evaluation; medical treatment, if necessary; and 2 referral to the appropriate local or state health unit for environmental 3 management. A complete diagnostic evaluation shall include at a minimum: 4 a detailed lead exposure assessment, a nutritional assessment, including 5 iron status, and, as appropriate, development screening. 6 2. The commissioner or the commissioner's designated representative, 7 as the appropriate local or state health unit for environmental manage- 8 ment, shall conduct an environmental assessment, which shall include an 9 emergency inspection in accordance with subdivision three of section 10 thirteen hundred seventy-seven of this title, to determine the source of 11 exposure to lead for any person at risk referred pursuant to subdivision 12 one of this section. 13 3. For each person at risk who is referred for environmental manage- 14 ment pursuant to this section, whenever the commissioner or his or her 15 designated representative determines that a condition conducive to lead 16 poisoning exists in a dwelling, a written notice and demand for discon- 17 tinuance shall be issued in accordance with section thirteen hundred 18 seventy-eight of this title. The commissioner or the commissioner's 19 designated representative shall also immediately notify the appropriate 20 public welfare department of the issuance of such written notice and 21 demand pursuant to section one hundred forty-three-b of the social 22 services law. 23 4. Whenever the commissioner or his or her representative shall 24 designate an area of high risk, other than a census tract or block group 25 so designated pursuant to section thirteen hundred seventy-a of this 26 title he or she may give written notice and demand, served as provided 27 in section thirteen hundred seventy-eight of this title for the discon- 28 tinuance of a paint condition conducive to lead poisoning in any desig- 29 nated dwelling in such area within a specified period of time. 30 5. Whenever the commissioner or his or her designated representative 31 has issued a written notice and demand for a discontinuance of a condi- 32 tion conducive to lead poisoning, prior to clearing such condition as 33 meeting the requirements of this title, the commissioner or his or her 34 designated representative shall complete a clearance examination to 35 confirm the safety of the location. Such clearance examinations shall 36 include a visual assessment, dust sampling, submission of samples for 37 analysis for lead, interpretation of sampling results, and preparation 38 of a report. Clearance examinations shall be performed in accordance 39 with federal guidelines in 24 C.F.R. section 35.1340 or successor regu- 40 lation. 41 § 1373. Safe work practices for activities disturbing lead-based paint 42 or paint of unknown lead content in affected properties with persons at 43 risk. 1. All work performed by an owner or the owner's agents or 44 contractors, in affected property occupied by a person or persons at 45 risk, that disturbs lead-based paint or paint of undetermined lead 46 content shall be performed in accordance with safe work regulations 47 promulgated by the commissioner. Such regulations shall provide for, 48 among other things: 49 (a) notice to tenants; 50 (b) training requirements, which shall require that such work be 51 performed by persons who have, at a minimum, successfully completed a 52 course on lead-safe work practices given by or on behalf of the depart- 53 ment, or the division of housing and community renewal, by the United 54 States environmental protection agency or an entity authorized by it to 55 give such course, or by the United States department of housing and 56 urban development or an entity authorized by it to give such course;A. 3432 12 1 (c) precautions to prevent entry into the work area by occupants until 2 clean-up is completed and for temporary relocation provided by the owner 3 for the occupants of a dwelling or dwelling unit to appropriate housing 4 when work cannot be performed safely; 5 (d) precautions to prevent the dispersion of lead dust and debris 6 during the work; 7 (e) prohibited practices of lead paint removal, including dry scraping 8 and sanding, use of power tools without proper environmental controls, 9 and the use of toxic substances; 10 (f) proper daily and final clean-up requirements; 11 (g) dust wipe clearance testing; 12 (h) pre-notification of local municipal code enforcement agencies or 13 health departments, where appropriate; and 14 (i) exceptions for small jobs that involve disturbing less than two 15 square feet of lead-based paint or paint of undetermined lead content or 16 less than ten percent of the total surface area of peeling paint on a 17 type of component with a small surface area, such as a windowsill or 18 door frame. 19 2. A tenant shall allow access to an affected property, at reasonable 20 times, to the owner to perform any work required under this title. 21 3. If a tenant must vacate an affected property for a period of twen- 22 ty-four hours or more in order to allow an owner to perform work that 23 will disturb the paint on interior surfaces, the owner shall pay to the 24 tenant in advance the reasonable relocation expenses that the tenant 25 incurs directly related to the required relocation. 26 4. The deputy commissioner or the deputy commissioner's designee, 27 within one hundred twenty days following the effective date of this 28 section, shall establish guidelines and a trainer's manual for a "lead- 29 safe housing awareness seminar" with a total class time of three hours 30 or less. Such guidelines and materials shall be made available so that 31 such courses may be offered by professional associations and community 32 organizations with a training capacity, existing accredited educational 33 institutions, and for-profit educational providers. All such offering 34 proposals shall be reviewed and approved, based on seminar content and 35 qualifications of instructors, by the deputy commissioner of housing and 36 community renewal or the deputy commissioner's designee. 37 § 1375. Accreditation of inspectors and contractors performing work. 38 1. No person shall act as a contractor or supervisor to perform the 39 work necessary for lead-based paint hazard abatement as defined in this 40 title unless that person is accredited pursuant to one of the following: 41 (a) Regulations that may be adopted by the commissioner pursuant to 42 this section governing the accreditation of individuals to engage in 43 lead-based paint activities sufficient to satisfy the requirements of 40 44 C.F.R. 745.325 or successor regulations; 45 (b) Certification by the United States environmental protection agency 46 to engage in lead-based paint activities pursuant to 40 C.F.R. 745.226 47 or successor regulation; or 48 (c) Certification by a state or tribal program authorized by the 49 United States environmental protection agency to certify individuals 50 engaged in lead-based paint activities pursuant to 40 C.F.R. 745.325 or 51 successor regulation. 52 The commissioner shall, by regulation, create exceptions to the 53 accreditation requirement for instances where the disturbance of lead- 54 based paint is small and incidental, such as work that disturbs surfaces 55 of less than either two square feet of peeling lead-based paint per roomA. 3432 13 1 or ten percent of the total surface area of peeling paint on a type of 2 component with a small surface area, such as a windowsill or door frame. 3 2. No person shall conduct an inspection required by sections thirteen 4 hundred seventy-six and thirteen hundred seventy-seven of this title, 5 unless that person is accredited pursuant to one of the following: 6 (a) regulations that may be adopted by the commissioner pursuant to 7 this section governing the accreditation of individuals eligible to 8 conduct the inspections required by this title sufficient to satisfy the 9 requirements of 40 C.F.R. 745.325 or successor regulation; or 10 (b) certification to conduct inspections by the United States environ- 11 mental protection agency pursuant to 40 C.F.R. 745.226(b) or successor 12 regulation; or 13 (c) certification by a state or tribal program authorized by the 14 United States environmental protection agency to certify individuals 15 engaged in lead-based paint activities pursuant to 40 C.F.R. 745.325 or 16 successor regulation. 17 3. The commissioner may adopt regulations, sufficient to satisfy the 18 requirements of 40 C.F.R. 745.325 or successor regulation, governing the 19 accreditation of individuals engaging in lead-based paint activities 20 under this title or eligible to conduct the inspections required by this 21 title. The accreditation of such persons pursuant to such regulations 22 shall extend for a period of three years unless the deputy commissioner 23 has probable cause to believe a person accredited under this section has 24 violated the terms of the accreditation or engaged in illegal or uneth- 25 ical conduct related to inspections required by this title in which case 26 the accreditation to perform inspections shall be suspended pending a 27 hearing in accordance with the provisions of the state administrative 28 procedure act. The commissioner shall establish by regulation a schedule 29 of fees for the accreditation and registration of such persons. Such 30 fees shall be required to be paid at the time of initial registration 31 and at the time of subsequent renewal of registration, and shall be 32 sufficient to cover all costs, including the costs of state personnel, 33 attributable to accreditation activities conducted under this section. 34 (a) Fees collected pursuant to this subdivision will be held in a 35 continuing, non-lapsing special fund to be used for accreditation 36 purposes under this section. 37 (b) The fund established under this subdivision shall be invested and 38 reinvested and any investment earnings shall be paid into the fund. 39 4. Any violation of the provisions of this section shall be a misde- 40 meanor. 41 § 1376. Requirements for affected properties occupied by persons at 42 risk. 1. All affected properties occupied by persons at risk shall be 43 maintained free of conditions conducive to lead paint poisoning. 44 2. Within two years following the effective date of this section the 45 owner of any affected property that is occupied by a person at risk must 46 certify, through a sworn statement in a form prescribed by the commis- 47 sioner, that the property meets "lead stabilized" status as defined by 48 subdivision three of this section and the owner is complying with subdi- 49 vision two of section thirteen hundred seventy-seven of this title, 50 unless a report has been submitted by a certified inspector stating that 51 the property is either "lead free" or is "lead contained" as provided 52 for in subdivision five or six of this section. 53 3. An affected property will be considered to be "lead stabilized" 54 when: 55 (a) All exterior and interior painted surfaces have been visually 56 reviewed; and all chipping, peeling, or flaking lead-based paint orA. 3432 14 1 paint of unknown lead content on exterior and interior painted surfaces 2 has been removed and repainted, or stabilized and repainted, and any 3 structural defect that is causing or likely to cause lead-based paint or 4 paint of unknown lead content to chip, peel, or flake that the owner of 5 the affected property has knowledge of, or with the exercise of reason- 6 able care should have knowledge of, has been repaired; and 7 (b) All window friction surfaces with lead-based paint or paint of 8 unknown lead content have had such paint removed or permanently covered, 9 such as via the installation of replacement window channels or slides, 10 and interior window troughs and windowsills have been either stripped 11 and repainted, replaced, or encapsulated with vinyl, metal, or any other 12 durable materials which render the surface smooth and cleanable; and 13 (c) All doors and doorways have been adjusted or re-hung as necessary 14 to prevent the rubbing together of any surface with lead-based paint or 15 paint of unknown lead content with another surface; and 16 (d) All bare floors have been made smooth and cleanable; and 17 (e) All work has been completed in compliance with the safe work prac- 18 tice regulations promulgated pursuant to section thirteen hundred seven- 19 ty-three of this title; and 20 (f) At the completion of any activities described in this subdivision 21 that disturb lead-based paint or paint of unknown lead content: 22 (i) the interior of the affected property has been HEPA vacuumed and 23 washed with high phosphate detergent or its equivalent; and 24 (ii) clearance for lead dust hazards has been achieved as determined 25 by wipe samples in all areas accessible to persons at risk, taken by 26 properly accredited independent personnel after completion of all activ- 27 ities undertaken pursuant to subdivision two of this section. 28 4. An owner certifying that an affected property meets "lead stabi- 29 lized" status under subdivision two of this section shall retain the 30 sworn certification, which shall be valid for three years, and make it 31 available for inspection by department or local officials, including the 32 results of wipe tests when conducted, and shall provide a copy of the 33 certification and wipe test results to the tenant. 34 5. An affected property will be considered to be "lead-free" for the 35 purposes of this section if the owner of the affected property submits 36 to the deputy commissioner's designee for the jurisdiction in which such 37 property is located an inspection report which indicates that the 38 affected property has been tested by an inspector, accredited pursuant 39 to the provisions of section thirteen hundred seventy-five of this 40 title, for the presence of lead in accordance with standards and proce- 41 dures established by the regulations promulgated by the commissioner and 42 states under penalties of perjury that there is no lead-based paint or 43 lead-contaminated dust present on the interior surfaces of the dwelling 44 unit, no lead-based paint on the interior surfaces of the common areas 45 of the property, and no lead-based paint present on any of the exterior 46 surfaces of the property. A copy of the most recent inspection report 47 shall be provided to the tenant. 48 6. An affected property will be considered to be "lead contained" for 49 the purposes of this section if the owner of the affected property 50 submits a report by a certified inspector, accredited pursuant to the 51 provisions of section thirteen hundred seventy-five of this title, which 52 indicates that the affected property has been tested for the presence of 53 lead-based paint and lead-contaminated dust in accordance with the stan- 54 dards and procedures established by regulations promulgated by the 55 commissioner and states under penalties of perjury that:A. 3432 15 1 (a) All interior surfaces in the affected property either do not 2 contain lead-based paint or have been permanently abated; and 3 (b)(i) All exterior painted surfaces of the affected property that 4 were chipping, peeling, or flaking have been restored with non-lead 5 based paint and no exterior painted surfaces of the affected property 6 are chipping, peeling, or flaking; or 7 (ii) All exterior painted surfaces of the affected property have been 8 covered with vinyl siding or similar siding and sealed in a manner that 9 prevents exposure to chipping, peeling, or flaking paint; and 10 (c) Clearance for lead dust hazards has been achieved as determined by 11 wipe samples in all areas accessible to persons at risk, taken by prop- 12 erly accredited independent personnel. A copy of the inspection report 13 shall be provided to the tenant. 14 7. In order to maintain "lead contained" status the owner of an 15 affected property with lead-based paint on any exterior surface which 16 has been certified as "lead contained" pursuant to subdivision six of 17 this section shall submit to the deputy commissioner's designee for the 18 jurisdiction in which such property is located every three years a 19 certification by an inspector, stating under penalties of perjury that 20 no exterior painted surface of the affected property is chipping, peel- 21 ing, or flaking, and that there has been no compromise of any interior 22 abatement system that relies upon the enclosure or encapsulation for 23 lead-based paint. A copy of such certification shall be retained by the 24 owner and made available for inspection by department or local officials 25 and shall be provided to the tenant. 26 § 1377. Due diligence inquiries; investigation and inspection of 27 affected properties. 1. Beginning two years after the effective date of 28 this section, unless the owner of an affected property has previously 29 documented in the manner required by the deputy commissioner that a 30 property has been determined to have achieved "lead-free" property 31 status or "lead-contained" property status, the owner of an affected 32 property shall make a due diligence inquiry to ascertain whether a 33 person at risk resides in an affected property. 34 (a) No occupant in a dwelling unit in such affected property shall 35 refuse or unreasonably fail to provide accurate and truthful information 36 regarding the residency of a person at risk. 37 (b) All leases offered to tenants or prospective tenants in affected 38 properties must contain a notice, conspicuously set forth therein, which 39 advises tenants of the obligations of the owner and tenant as set forth 40 in this section. Such notice must be in a manner approved by the deputy 41 commissioner, the content of which shall, at a minimum, be in English 42 and Spanish. The owner of an affected property shall provide the occu- 43 pant of such dwelling unit with a pamphlet developed pursuant to subdi- 44 vision four of section thirteen hundred seventy-a of this title. 45 (c)(i) The owner of such affected property shall provide to an occu- 46 pant of a dwelling unit at the signing of a lease, including a renewal 47 lease, if any, or upon any agreement to lease, or at the commencement of 48 occupancy if there is no lease, a notice in English and Spanish, the 49 form and content of which shall be approved by the department, inquiring 50 whether a person at risk resides or will reside therein. If there is a 51 lease, such notice shall be included in such lease or be attached as a 52 rider to such lease. Such notice shall be completed by the occupant at 53 the time of such signing of a lease, including a renewal lease, if any, 54 or such agreement to lease, or at such commencement of occupancy. 55 (ii) Where an occupant has responded to the notice provided by the 56 owner pursuant to subparagraph (i) of this paragraph by indicating thatA. 3432 16 1 no person at risk resides therein, during the period between the date of 2 such response and the delivery of the notice provided by the owner 3 pursuant to paragraph (d) of this subdivision during the immediately 4 following year the occupant shall have the responsibility to inform the 5 owner of any person at risk that comes to reside therein during such 6 period. 7 (d)(i) Each year, an owner of an affected property shall, no earlier 8 than January first and no later than January sixteenth, except as 9 provided for in subparagraph (ii) of paragraph (c) of this subdivision, 10 present to the occupant of each dwelling unit in such affected property 11 a notice inquiring as to whether a person at risk resides therein. Such 12 notice, the form and content of which shall be approved by the deputy 13 commissioner, shall be presented as provided for in subparagraph (ii) of 14 paragraph (c) of this subdivision, and shall be in English and Spanish. 15 (ii) The owner may present the notice required by subparagraph (i) of 16 this paragraph by delivering said notice by any one of the following 17 methods: 18 (1) by first class mail, addressed to the occupant of the dwelling 19 unit; 20 (2) by hand delivery to the occupant of the dwelling unit; or 21 (3) by enclosure with the January rent bill, if such rent bill is 22 delivered after December fifteenth but no later than January sixteenth. 23 (iii) (1) Upon receipt of such notice the occupant shall have the 24 responsibility to deliver by February fifteenth of that year, a written 25 response to the owner indicating whether or not a person at risk resides 26 therein. If, subsequent to delivery of such notice, the owner does not 27 receive such written response by February fifteenth, and does not other- 28 wise have actual knowledge as to whether a person at risk resides there- 29 in, then the owner shall at reasonable times and upon reasonable notice 30 inspect that occupant's dwelling unit to ascertain the residency of a 31 person at risk and, when necessary, conduct an investigation in order to 32 make that determination. Where, between February sixteenth and March 33 first of that year, the owner has made reasonable attempts to gain 34 access to a dwelling unit to determine if a person at risk resides in 35 that dwelling unit and was unable to gain access, the owner shall notify 36 the deputy commissioner or the deputy commissioner's local designee of 37 that circumstance. 38 (2) Where an occupant has responded to the notice provided by the 39 owner pursuant to subparagraph (i) of this paragraph by indicating that 40 no person at risk resides therein, during the period between the date of 41 such response and the delivery of the notice provided by the owner 42 pursuant to this subdivision during the immediately following year the 43 occupant shall have the responsibility to inform the owner of any person 44 at risk that comes to reside therein during such period. 45 (e) The owner shall make and maintain a record of all due diligence 46 inquiries, in electronic or hard-copy format, for a period of six years. 47 Copies of such records shall be made available upon request to the depu- 48 ty commissioner or his or her local designee. 49 2. Beginning two years after the effective date of this section, when 50 the owner determines that a person at risk resides at an affected prop- 51 erty as provided in subdivision one of this section, and the owner of an 52 affected property has not previously documented in the manner required 53 by the deputy commissioner that a property has been determined to have 54 achieved either "lead-free" property status or "lead-contained" property 55 status, notwithstanding any certification completed pursuant to subdivi- 56 sion two of section thirteen hundred seventy-six of this title, theA. 3432 17 1 owner shall then cause an investigation to be made, either directly by 2 the owner, the owner's agent or employee, or by any other person author- 3 ized by the deputy commissioner, to determine whether such property 4 complies, at a minimum, with "lead-stabilized" property status. Alterna- 5 tively, the owner may cause an inspection to be made by a person trained 6 and accredited for such inspections as described in section thirteen 7 hundred seventy-five of this title for the purpose of determining wheth- 8 er the affected property complies with either "lead-free" property 9 status or "lead-contained" property status. 10 (a) The investigation to ascertain whether a property complies with 11 "lead-stabilized" property status shall occur at least once a year and 12 more often if necessary, such as when the owner knows or should reason- 13 ably be aware that a person at risk has become an occupant of the 14 affected property. 15 (b) An inspection or investigation shall, in addition, be conducted 16 when, in the exercise of reasonable care, an owner knows or should know 17 of a condition that is reasonably foreseeable to be conducive to lead 18 poisoning, or when an occupant specifically requests that an inspection 19 or investigation be made based upon his or her reasonable belief that 20 such a condition exists, or when an occupant makes a complaint to the 21 owner concerning a condition that the owner knows or should know is 22 reasonably foreseeable to be conducive to lead poisoning. 23 (c) In addition to any investigations or inspections required under 24 paragraphs (a) or (b) of this subdivision, the owner shall cause such an 25 investigation or inspection to be made within the thirty days prior to 26 the leasing, rental, or other turnover of an affected property, and 27 shall report the findings of that investigation or inspection to 28 prospective tenants in accordance with Title X of the federal residen- 29 tial lead poisoning prevention act and this title. 30 (d) The owner shall make and maintain a record of all investigations 31 or inspections conducted under this subdivision in a form prescribed by 32 the deputy commissioner. The owner shall maintain such record, in elec- 33 tronic or hard-copy format, for a period of six years. Copies of such 34 records shall be made available upon request to the deputy commissioner, 35 his or her local designee, tenants and occupants of the affected proper- 36 ty, and any prospective tenants or occupants of the affected property. 37 (e) The owner shall cause a summary of such investigation or 38 inspection report, in a form prescribed by the deputy commissioner, to 39 be conspicuously posted in a common area of the dwelling in or adjacent 40 to main entrances. Where there is more than one affected property in the 41 dwelling, the summary shall be posted in a common area of the dwelling 42 in, or adjacent to, the main entrance or entrances. In cases where it is 43 not feasible to post such reports in a common area, the owner or agent 44 shall deliver individual copies of such summary to each affected unit. 45 Said summary shall indicate that the full report of such investigation 46 or inspection is available to tenants upon request. 47 3. Beginning two years after the effective date of this section, the 48 deputy commissioner's designee for the jurisdiction in which such prop- 49 erty is located shall order an inspection of an affected property by an 50 inspector accredited pursuant to the provisions of section thirteen 51 hundred seventy-five of this title, at the expense of the owner of the 52 affected property, whenever the deputy commissioner's designee for the 53 jurisdiction in which such property is located, receives notification 54 that the affected property does not reasonably appear to comply with 55 either the lead-free, lead-contained, or lead-stabilized property status 56 and that a person at risk resides in the affected property. Any state orA. 3432 18 1 local agency employees who have occasion to observe deteriorated paint 2 or any other condition believed to be conducive to lead poisoning at an 3 affected property are authorized to report, and shall report, such 4 conditions to the deputy commissioner's designee, and in such instance, 5 the deputy commissioner's designee shall require an inspection to be 6 made of the affected property. An inspection required under this subdi- 7 vision shall be completed within ninety days after notification of the 8 deputy commissioner's designee for the jurisdiction in which such prop- 9 erty is located. In the event such inspection results in a finding of 10 lead hazards, a report of such findings shall be immediately transmitted 11 by the deputy commissioner or the deputy commissioner's designee for the 12 jurisdiction in which such property is located to the appropriate local 13 social services department pursuant to section one hundred forty-three-b 14 of the social services law. 15 4. The deputy commissioner, or the deputy commissioner's designee for 16 the jurisdiction in which such property is located, shall order an 17 inspection of an affected property for conditions conducive to lead 18 poisoning, by an inspector accredited pursuant to the provisions of 19 section thirteen hundred seventy-five of this title, at the expense of 20 the owner of the affected property, whenever the deputy commissioner or 21 the deputy commissioner's designee for the jurisdiction in which such 22 property is located is notified that a person at risk who resides in the 23 affected property or spends more than fifteen hours per week in the 24 affected property has an elevated blood lead level. An inspection under 25 this subdivision shall be completed within fifteen days after notifica- 26 tion of the deputy commissioner or the deputy commissioner's designee 27 for the jurisdiction in which such property is located. In the event 28 such inspection results in a finding of conditions conducive to lead 29 poisoning, a report of such finding shall be promptly transmitted by the 30 deputy commissioner, or the deputy commissioner's designee for the 31 jurisdiction in which the subject property is located, to the appropri- 32 ate local social services department pursuant to section one hundred 33 forty-three-b of the social services law. 34 5. An owner of an affected property at any time after the effective 35 date of this section, may request voluntarily that the deputy commis- 36 sioner, or the deputy commissioner's designee for the jurisdiction in 37 which such property is located, conduct an inspection by an inspector 38 accredited pursuant to the provisions of section thirteen hundred seven- 39 ty-five of this title, of an affected property, at the expense of the 40 owner, to determine whether it complies with the requirements for lead- 41 free property, lead-contained property status, or lead-stabilized prop- 42 erty status. Such inspection shall be completed within thirty days after 43 the owner's request. 44 6. The deputy commissioner shall establish a primary prevention 45 inspection program in areas of high risk to identify and target affected 46 properties where there are persons who may be exposed to lead-based 47 paint hazards in order that inspections may be conducted without the 48 receipt of a complaint or other such event triggering an inspection, and 49 require for each such area of high risk that the county commissioner of 50 health or his or her other local designee, and such local municipal 51 building or property maintenance code enforcement officials having 52 jurisdiction over such area as the deputy commissioner shall designate, 53 prepare and implement a strategy to: 54 (a) assure that a sufficient number of qualified inspection personnel 55 are available;A. 3432 19 1 (b) identify the affected properties with persons at risk in that 2 municipality, census tract or census block group that are most likely to 3 contain conditions conducive to lead poisoning; 4 (c) require, at the owner's expense, the inspection of affected prop- 5 erties for conditions conducive to lead poisoning; and 6 (d) require that such inspected properties attain lead-free, lead-con- 7 tained, or lead-stabilized status, and elimination of all conditions 8 conducive to lead poisoning in such properties, using lead safe work 9 practices in accordance with the provisions of this title. 10 In preparing this primary prevention inspection strategy, the responsi- 11 ble officials shall, among other factors, consider reports of persons at 12 risk with elevated blood lead levels in other units in a building; the 13 age and maintenance history of a building; and any available data on the 14 presence of young children from birth certificates issued by the depart- 15 ment. 16 7. An inspector shall submit a verified report of the result of the 17 inspection conducted pursuant to subdivision two, three, four, five or 18 six of this section to the deputy commissioner or the deputy commission- 19 er's designee for the jurisdiction in which such property is located, 20 the owner, and the tenant, if any, of the affected property. Such report 21 shall be completed subject to penalties for perjury and include the 22 inspector's state registration number and date of certification to 23 perform such inspections. In the event such inspection results in a 24 finding of lead-based paint hazards or conditions conducive to lead 25 poisoning, a report of such findings shall be promptly transmitted by 26 the deputy commissioner or the deputy commissioner's designee for the 27 jurisdiction in which such property is located and to the appropriate 28 local social services department pursuant to section one hundred forty- 29 three-b of the social services law. 30 8. Unless an affected property has been certified as "lead-free prop- 31 erty status" as provided in subdivision two of section thirteen hundred 32 seventy of this title, any written or printed lease for the lease or 33 renting of an affected property for a term beginning at a date more than 34 one year following the effective date of this title shall include the 35 following provisions, in both English and Spanish, in prominently 36 displayed and easily readable type or printing: 37 "This property, constructed before January 1, 1970, may contain lead- 38 based paint. Lead-based paint, if it is not properly removed or main- 39 tained, may cause brain damage or other serious health impacts in chil- 40 dren less than seven years of age and fetal injury in pregnant women. 41 New York state law requires the landlord to comply with maintenance 42 standards to avoid lead-based paint hazards. This property (owner or 43 agent to check appropriate box): 44 has been inspected by an independent inspector certified under 45 New York state law within the past sixty days and found not to contain 46 lead-based paint hazards. 47 has been investigated by the owner, manager, or his/her agent 48 within the past thirty days and observable lead-based paint hazards have 49 been stabilized. 50 has not been inspected for lead-based paint hazards. This prop- 51 erty may contain lead-based paint hazards dangerous to a child less than 52 seven years of age." 53 9. At the time of the lease or renting of an affected property without 54 a written or printed lease at a date more than one year following the 55 effective date of this section, the front entranceway or door of the 56 affected property shall be posted with a sign containing the languageA. 3432 20 1 quoted in subdivision eight of this section, in both English and Span- 2 ish, and in prominently displayed and easily readable type or printing. 3 § 1378. Enforcement. 1. Whenever the deputy commissioner or deputy 4 commissioner's designee finds an affected property to not be in compli- 5 ance with the applicable requirements for either lead-free, or lead-con- 6 tained, or lead-stabilized property status, the deputy commissioner or 7 deputy commissioner's designee shall give written notice and demand, 8 served as provided herein, for the discontinuance of any condition fail- 9 ing to comply with either the lead-free, lead-contained, or lead-stabi- 10 lized standards in an affected property within a specified period of 11 time not to exceed thirty days. The deputy commissioner or deputy 12 commissioner's designee shall also immediately notify the appropriate 13 local social services department of the issuance of such written notice 14 and demand pursuant to section one hundred forty-three-b of the social 15 services law. 16 2. In the event of failure to comply with a notice and demand, the 17 deputy commissioner or the deputy commissioner's designee shall conduct 18 a formal hearing upon due notice in accordance with the provisions of 19 this section and on proof of violation of such notice and demand shall 20 order the owner of an affected property to take specified corrective 21 actions to have the affected property satisfy the requirements, at a 22 minimum, of lead-contained or lead-stabilized property and may assess a 23 penalty not to exceed two thousand five hundred dollars for each 24 affected property. In the event that such failure to comply concerns a 25 notice and demand issued in response to an environmental assessment 26 undertaken pursuant to subdivision three of section thirteen hundred 27 seventy-seven of this title, the deputy commissioner or the deputy 28 commissioner's designee, shall cause the condition to be remediated 29 within the next thirty days, and may place a lien on such property and 30 commence such legal actions as are necessary to recover from the owner 31 of such property the deputy commissioner's expenditures in connection 32 therewith, including legal fees. 33 3. A notice required by this section may be served upon an owner or 34 occupant of the dwelling or agent of the owner in the same manner as a 35 summons in a civil action or by registered or certified mail to his or 36 her last known address or place of residence. 37 4. The deputy commissioner's designee having jurisdiction, county and 38 city commissioners of health, and local housing code enforcement agen- 39 cies designated by the deputy commissioner's designee having jurisdic- 40 tion or county or city commissioner of health shall have the same 41 authority, powers and duties within their respective jurisdictions as 42 has the deputy commissioner under the provisions of this title. 43 5. The deputy commissioner or deputy commissioner's representative and 44 an official or agency specified in subdivision one of this section may 45 request and shall receive from all public officers, departments and 46 agencies of the state and its political subdivisions such cooperation 47 and assistance as may be necessary or proper in the enforcement of the 48 provisions of this title. 49 6. Any violation of the requirements of section thirteen hundred 50 seventy-six of this title shall also constitute a violation of any 51 municipal or other local housing code and shall subject the owner of an 52 affected property to all orders, criminal penalties, and other civil 53 forfeitures or penalties that are possible under such municipal or local 54 housing code, and shall also constitute a rent impairing violation with- 55 in the meaning of section three hundred two-a of the multiple dwelling 56 law and section three hundred five-a of the multiple residence law.A. 3432 21 1 7. Nothing contained in this title shall be construed to alter or 2 abridge any duties and powers now or hereafter existing in the deputy 3 commissioner, county boards of health, city and county commissioners of 4 health, the New York city department of housing preservation and devel- 5 opment and the department of health, local boards of health or other 6 public agencies or public officials, or any private party, including the 7 power to impose more stringent measures to protect public health. 8 8. The office of the attorney general and all local authorities 9 responsible for the enforcement of state, municipal, and other local 10 housing codes are hereby empowered to and shall vigorously enforce civil 11 remedies and/or criminal penalties provided for by law arising out of 12 the failure to comply with the requirements of this section, sections 13 thirteen hundred seventy-five or thirteen hundred seventy-six of this 14 title and may seek injunctive relief where appropriate. 15 9. (a) Any administrative proceeding or civil or criminal action by 16 state or local officials to enforce the provisions of this section shall 17 be reported to the deputy commissioner. 18 (b) The deputy commissioner shall issue an annual report outlining 19 specifically the enforcement actions brought pursuant to this section, 20 the identity of the owners of the affected properties, the authority 21 bringing the enforcement action, the nature of the action, and describ- 22 ing the criminal penalties and/or civil relief. 23 10. The removal of a tenant from or the surrender by the tenant of a 24 dwelling with respect to which the deputy commissioner or his or her 25 representative, pursuant to subdivision one of this section, has given 26 written notice and demand for the discontinuance of a condition condu- 27 cive to lead poisoning shall not absolve, relieve or discharge any 28 persons chargeable therewith from the obligation and responsibility to 29 discontinue such condition conducive to lead poisoning in accordance 30 with the method of discontinuance prescribed therefor in such notice and 31 demand. 32 § 1379. Injunctive relief. 1. If an owner of an affected property 33 fails to comply with the requirements of section thirteen hundred seven- 34 ty-six of this title, a person at risk or the parent or legal guardian 35 of a person at risk or other interested persons may seek injunctive 36 relief from a court of competent jurisdiction against the owner of the 37 affected property in the form of a court order to compel compliance. 38 2. A court shall not grant the injunctive relief requested pursuant to 39 subdivision one of this section, unless, at least thirty days prior to 40 the filing requesting the injunction, the owner of the affected property 41 has received written notice of the violation of standards contained in 42 section thirteen hundred seventy-six of this title and has failed to 43 bring the affected property into compliance with the applicable stand- 44 ards. This notice to the owner of the affected property is satisfied 45 when any of the following has occurred: 46 (a) A person at risk, his or her parent or legal guardian, or attor- 47 ney, has notified the owner of an affected property that the property 48 fails to meet the requirements for either lead-contained property status 49 or lead-stabilized property status; 50 (b) The deputy commissioner, the commissioner of housing and community 51 renewal, or the designee of either of these such officials, a municipal 52 or other local authority with responsibility for enforcing any local 53 housing code or codes, or a local or municipal department of health has 54 notified the owner of the affected property of violations of the 55 provisions of this title occurring within an affected property or of the 56 failure to register and file reports as required by this title; orA. 3432 22 1 (c) A criminal or civil action pursuant to this title has been brought 2 by either state or local enforcement officials to enforce this title. 3 3. The notice requirement of subdivision two of this section shall not 4 apply with respect to applications for preliminary injunctive relief. 5 4. A person who prevails in an action to enforce the provisions of 6 this title is entitled to an award of the costs of the litigation and to 7 an award of reasonable attorneys' fees in an amount to be fixed by the 8 court. 9 5. Cases brought before the court under this section shall be granted 10 an accelerated hearing. 11 6. The legal remedies created under this section shall be in addition 12 to any other common law or statutory remedies, which may be pursued in 13 the same or separate action or proceeding. 14 § 1379-a. Retaliatory evictions prohibited. 1. An owner of an 15 affected property may not evict or take any other retaliatory action 16 against a person at risk or his or her parent or legal guardian in 17 response to the actions of the person at risk, his or her parent or 18 legal guardian in: 19 (a) providing information to the owner of the affected property, the 20 deputy commissioner, the commissioner of housing and community renewal, 21 or the designee of either of these officials, a local or municipal 22 department of health, or a municipal or other local authority with 23 responsibility for enforcing any local housing code or codes concerning 24 lead-based paint hazards within an affected property or elevated blood 25 lead levels of a person at risk; or 26 (b) enforcing any of his or her rights under this title. 27 2. For purposes of this section, a retaliatory action includes any of 28 the following actions in which the activities protected under subdivi- 29 sion one of this section are a material factor in motivating said 30 action: 31 (a) A refusal to renew a lease; 32 (b) Termination of a tenancy; 33 (c) An arbitrary rent increase or decrease in services to which the 34 person at risk or his or her parent or legal guardian is entitled; or 35 (d) Any form of constructive eviction. 36 3. A person at risk or his or her parent or legal guardian subject to 37 an eviction or retaliatory action under this section is entitled to the 38 relief as may be provided by statute and/or any further relief deemed 39 just and equitable by the court, and is eligible for reasonable attor- 40 neys' fees and costs. 41 § 8. The real property law is amended by adding two new sections 236-a 42 and 242-a to read as follows: 43 § 236-a. Discrimination against persons and families receiving public 44 assistance or governmental housing subsidies prohibited. 1. Any person, 45 firm or corporation owning or having in charge any apartment house, 46 tenement house or other building or manufactured home park used for 47 dwelling purposes who shall refuse to rent any or part of any such 48 building or manufactured home park to any person or family, or who 49 discriminates in the terms, conditions, or privileges of any such 50 rental, on the ground that such person or family receives public assist- 51 ance or any other government subsidy for payment of rent shall be guilty 52 of a misdemeanor and on conviction thereof shall be punished by a fine 53 of not less than five hundred nor more than one thousand dollars for 54 each offense. 55 2. (a) Where discriminatory conduct prohibited by this section has 56 occurred, an aggrieved individual shall have a cause of action in anyA. 3432 23 1 court of competent jurisdiction for damages, declaratory and injunctive 2 relief. 3 (b) In all actions brought under this section, the court shall allow 4 the prevailing plaintiff reasonable attorney's fees and, upon a finding 5 that defendant's discriminatory conduct was willful, an additional 6 amount as liquidated damages equal to two thousand five hundred dollars 7 shall be awarded. 8 § 242-a. Inspection of residential real property for lead-based paint 9 prior to transfer. 1. (a) Effective January first, two thousand twen- 10 ty-one, the transferor or grantor of any residential real property 11 erected prior to the year nineteen hundred seventy, or in cities with a 12 population of one million or more a dwelling erected prior to the year 13 nineteen hundred sixty, shall provide to the transferee or grantee a 14 certificate that such property has been tested for the presence of lead- 15 based paint, as defined in subdivision twenty-six of section thirteen 16 hundred seventy of the public health law, and a report of such test 17 indicating the locations where lead-based paint has been detected, if 18 any. Such testing shall not be valid unless performed by a person 19 accredited pursuant to section thirteen hundred seventy-five of the 20 public health law. A copy of such certificate shall be filed with the 21 department of health. 22 (b) The presentation of a certificate of such testing by a prior owner 23 of said property and evidence of filing such certificate and report with 24 the department of health shall be deemed to be in compliance with the 25 provisions of this subdivision. 26 (c) In the event the transferor or grantor has not received from a 27 prior owner a certification and report of such tests as set forth in 28 this subdivision, the costs of testing for lead-based paint and the 29 preparation of a certificate and report thereof as provided in this 30 subdivision shall be deductible by the transferor or grantor, up to the 31 amount of five hundred dollars, or in a building with more than one 32 dwelling unit up to four hundred dollars per dwelling unit tested, from 33 the taxes imposed by sections fourteen hundred two and fourteen hundred 34 two-a of the tax law. 35 2. Any provision in a purchase offer, contract of sale, lease, offer 36 to lease, or any other document related to the transfer of an interest 37 in real property that purports to waive any right created under state or 38 federal law for the purchaser, tenant, or transferee to conduct a risk 39 assessment or inspection of the property to determine the presence of 40 lead-based paint and/or lead-based paint hazards, or any oral agreement 41 that purports to waive such right, is null and void as against public 42 policy, notwithstanding that such waivers might otherwise be permitted 43 by federal law. 44 § 9. Section 210-B of the tax law is amended by adding a new subdivi- 45 sion 53 to read as follows: 46 53. Lead hazard reduction tax credit. (a) Tax credit for activities 47 resulting in lead-free or lead-contained status. A taxpayer shall be 48 allowed a credit against tax imposed by this article for activities 49 necessary to bring any affected property into lead-free or lead-con- 50 tained status within the meaning of sections thirteen hundred seventy 51 and thirteen hundred seventy-six of the public health law, provided that 52 the taxpayer complies with the documentation requirements of paragraph 53 (d) of this subdivision. 54 (b) Tax credit for multiple dwelling units located within munici- 55 palities of more than one million inhabitants. A taxpayer also shall be 56 eligible for the tax credit under paragraph (a) of this subdivision if aA. 3432 24 1 dwelling unit that satisfies all the requirements for an affected prop- 2 erty contained in subdivision two of section thirteen hundred seventy of 3 the public health law but such dwelling unit is located in a city with a 4 population of one million or more. In such case, the taxpayer must 5 comply with equivalent standards in local laws concerning lead hazards 6 that apply to multiple dwellings. 7 (c) Tax credits for certain renovations as part of achieving lead-sta- 8 bilized status. A taxpayer shall be allowed a credit against tax imposed 9 by this article for the costs of certain activities necessary to bring 10 any affected property into lead-stabilized status within the meaning of 11 section thirteen hundred seventy-six of the public health law, provided 12 that the expected useful life of such renovations is ten years or more 13 and the taxpayer complies with the documentation requirements of para- 14 graph (d) of this subdivision. The deputy commissioner of health shall 15 promulgate regulations defining those activities necessary to achieve 16 lead-stabilized status with an expected useful life of more than ten 17 years. Taxpayers who have completed renovations of habitable dwelling 18 units contained in multiple dwellings, as defined in section four of the 19 multiple dwelling law in a city of more than one million population also 20 shall be allowed a credit under this subdivision provided that the 21 taxpayer complies with similar standards in local laws concerning lead 22 hazards that apply to multiple dwellings. 23 (d) Documentation required for credit allowance. No credit shall be 24 allowed under paragraph (a), (b), or (c) of this subdivision unless the 25 taxpayer provides documentation to the deputy commissioner of health 26 that: 27 (1) the activities described above have been performed by a contractor 28 accredited pursuant to section thirteen hundred seventy-five of the 29 public health law; 30 (2) the affected property was constructed prior to nineteen hundred 31 seventy; 32 (3) the taxpayer has paid for the activities described above; and 33 (4) includes a written certification obtained by the taxpayer from an 34 inspector, accredited pursuant to section thirteen hundred seventy-five 35 of the public health law, that the activities described above have been 36 completed in accordance with all applicable requirements and that 37 either: 38 (A) Where applicable, the affected property or property unit can now 39 be certified as either lead-free or lead-contained under section thir- 40 teen hundred seventy-six of the public health law; or 41 (B) Where applicable, the affected property has undergone renovations 42 that satisfy the requirements established by regulation by the deputy 43 commissioner of health as activities necessary to achieve lead-stabi- 44 lized status with an expected useful life of more than ten years. 45 (e) Amount of credit. The tax credit shall be equal to the amount 46 actually paid for the activities described in this subdivision up to a 47 maximum of three thousand dollars per affected property for a credit 48 allowed under either paragraph (a) or (b) of this subdivision or a maxi- 49 mum of one thousand five hundred dollars for a credit allowed under 50 paragraph (c) of this subdivision. 51 (f) Carry-over of credit. Any amount of tax credit not used in the 52 taxable year of certification may be carried forward and applied to the 53 corporation's tax liability for any one or more of the succeeding five 54 taxable years. The credit may not be applied until all other credits 55 available to the taxpayer for that taxable year have been applied.A. 3432 25 1 § 10. Section 606 of the tax law is amended by adding a new subsection 2 (jjj) to read as follows: 3 (jjj) Lead-hazard reduction in housing tax credit. (1) Allowance of 4 credit for activities resulting in lead-free or lead-contained status. A 5 taxpayer shall be allowed a credit as provided in this subsection for 6 activities necessary to bring any affected property into lead-free or 7 lead-contained status within the meaning of sections thirteen hundred 8 seventy and thirteen hundred seventy-six of the public health law, 9 provided that the taxpayer complies with the documentation requirements 10 of paragraph four of this subsection. 11 (2) Tax credit for multiple dwelling units located within munici- 12 palities of more than one million inhabitants. A taxpayer also shall be 13 eligible for the tax credit under paragraph one of this subsection if a 14 dwelling unit that satisfies all the requirements for an affected prop- 15 erty contained in subdivision two of section thirteen hundred seventy of 16 the public health law but such dwelling unit is located in a city with a 17 population of one million or more. In such case, the taxpayer must 18 comply with equivalent standards in local laws concerning lead hazards 19 that apply to multiple dwellings. 20 (3) Tax credits for certain renovations as part of achieving lead-sta- 21 bilized status. A taxpayer shall be allowed a credit against tax imposed 22 by this article for the costs of certain activities necessary to bring 23 any affected property into lead-stabilized status within the meaning of 24 section thirteen hundred seventy-six of the public health law, provided 25 that the expected useful life of such renovations is ten years or more 26 and the taxpayer complies with the documentation requirements of para- 27 graph four of this subsection. The deputy commissioner of health shall 28 promulgate regulations defining those activities necessary to achieve 29 lead-stabilized status with an expected useful life of more than ten 30 years. Taxpayers who have completed renovations of habitable dwelling 31 units contained in multiple dwellings, as defined in section four of the 32 multiple dwelling law in a city of more than one million population also 33 shall be allowed a credit under this paragraph provided that the taxpay- 34 er complies with similar standards in local laws concerning lead hazards 35 that apply to multiple dwellings. 36 (4) Documentation required for credit allowance. No credit shall be 37 allowed under paragraph one, two or three of this subsection unless the 38 taxpayer provides documentation to the deputy commissioner of health 39 that: 40 (A) the activities described above have been performed by a contractor 41 accredited pursuant to section thirteen hundred seventy-five of the 42 public health law; 43 (B) the affected property was constructed prior to nineteen hundred 44 seventy; 45 (C) the taxpayer has paid for the activities described above; and 46 (D) includes a written certification obtained by the taxpayer from an 47 inspector, accredited pursuant to section thirteen hundred seventy-five 48 of the public health law, that the activities described above have been 49 completed in accordance with all applicable requirements and that 50 either: 51 (i) Where applicable, the affected property can now be certified as 52 either lead-free or lead-contained under section thirteen hundred seven- 53 ty-six of the public health law; or 54 (ii) Where applicable, the affected property has undergone renovations 55 that satisfy the requirements established by regulation by the deputyA. 3432 26 1 commissioner of health as activities necessary to achieve lead-stabi- 2 lized status with an expected useful life of more than ten years. 3 (5) The tax credit pursuant to this subsection shall be available to 4 someone who owns and occupies his or her own dwelling unit in the same 5 manner and to the same extent as it is available to the owner of an 6 affected property who leases the premises. 7 (6) Amount of credit. The tax credit shall be equal to the amount 8 actually paid for the activities described in this subsection up to a 9 maximum of three thousand dollars per affected property for a credit 10 allowed under either paragraph one or two of this subsection or a maxi- 11 mum of one thousand five hundred dollars for a credit allowed under 12 paragraph three of this subsection. 13 (7) Application of credit. Any amount of tax credit not used in the 14 taxable year of certification may be carried forward and applied to the 15 individual's tax liability for any one or more of the succeeding five 16 taxable years. The credit may not be applied until all other credits 17 available to the taxpayer for that taxable year have been applied. 18 § 11. The state finance law is amended by adding a new section 99-ff 19 to read as follows: 20 § 99-ff. Residential property lead-based paint hazard abatement 21 revolving loan fund. 1. There is created, as a separate fund within the 22 general fund, a fund to be known as the residential property lead-based 23 paint hazard abatement revolving loan fund. Such fund shall consist of 24 proceeds received from the sale of bonds pursuant to subdivision two of 25 this section, and any sums that the state may from time to time deem 26 appropriate, as well as donations, gifts, bequests, or otherwise from 27 any public or private source, which money is intended to assist owners 28 of residential properties in meeting the standards for either lead-free 29 or lead-contained certification pursuant to section thirteen hundred 30 seventy-six of the public health law, or, for multiple dwellings in 31 cities of one million population or more, compliance with local laws 32 concerning the control of lead-based paint hazards in such multiple 33 dwellings. 34 2. The state shall issue bonds in an amount specified for the purpose 35 of funding the residential property lead abatement revolving loan fund. 36 (a) Any bonds issued or to be issued pursuant to this subdivision 37 shall be subject to all the requirements and conditions established by 38 the state for the sale of bonds. 39 (b) The interest rate and other terms upon which bonds are issued 40 pursuant to this subdivision shall not create a prospective obligation 41 of the state of New York in excess of the amount of revenues that can 42 reasonably be expected from the loan repayments, interest on such loans, 43 and fees that the state of New York can reasonably expect to charge 44 under the provisions of title ten of article thirteen of the public 45 health law. 46 (c) All money received from the sale of bonds shall be deposited into 47 the residential property lead abatement revolving loan fund. 48 3. The comptroller shall contract for the administration and disburse- 49 ment of funding. The deputy commissioner of health shall adopt rules and 50 regulations which provide for the orderly and equitable disbursement and 51 repayment of funds. 52 4. Funds placed in the residential property lead-based paint hazard 53 abatement revolving loan fund shall be made available, at the discretion 54 of the deputy commissioner of health, to the owners of affected proper- 55 ties including those located within municipalities of more than one 56 million inhabitants, and to non-profit organizations for the purpose ofA. 3432 27 1 bringing affected properties into compliance with the standards for 2 lead-free, lead-contained, or lead-stabilized property status as speci- 3 fied by section thirteen hundred seventy-six of the public health law, 4 or, for multiple dwellings in cities with a population of one million or 5 more, compliance with local laws concerning the control of lead-based 6 paint hazards in such multiple dwellings. An owner of a pre-nineteen 7 hundred seventy property who owns and occupies the dwelling unit shall 8 be eligible for loans under this section in the same manner, and to the 9 same extent, as an owner of an affected property. 10 5. Loans made available under the provisions of this section may be 11 made directly, or in cooperation with other public and private lenders, 12 or any agency, department, or bureau of the federal government or the 13 state. 14 6. The proceeds from the repayment of any loans made for that purpose 15 shall be deposited in and returned to the residential property lead 16 abatement revolving loan fund to constitute a continuing revolving fund 17 for the purposes provided in this section. 18 7. The deputy commissioner of housing and community renewal shall take 19 any action necessary to obtain federal assistance for lead hazard 20 reduction to be used in conjunction with the residential property lead 21 abatement revolving loan fund. 22 § 12. Paragraph a of subdivision 2 of section 302-a of the multiple 23 dwelling law, as added by chapter 911 of the laws of 1965, is amended to 24 read as follows: 25 a. A "rent impairing" violation within the meaning of this section 26 shall designate a condition in a multiple dwelling which, in the opinion 27 of the department, constitutes, or if not promptly corrected, will 28 constitute, a fire hazard, a lead-based paint hazard within the meaning 29 of subdivision twenty-seven of section thirteen hundred seventy of the 30 public health law, or a serious threat to the life, health or safety of 31 occupants thereof. 32 § 13. Paragraph a of subdivision 2 of section 305-a of the multiple 33 residence law, as added by chapter 291 of the laws of 1966, is amended 34 to read as follows: 35 a. A "rent impairing" violation within the meaning of this section 36 shall designate a condition in a multiple dwelling which, in the opinion 37 of the state building code council, constitutes, or if not promptly 38 corrected, will constitute, a fire hazard, a lead-based paint hazard 39 within the meaning of subdivision twenty-seven of section thirteen 40 hundred seventy of the public health law, or a serious threat to the 41 life, health or safety of occupants thereof. 42 § 14. The social services law is amended by adding a new section 131-y 43 to read as follows: 44 § 131-y. Supplemental shelter allowance. Every public welfare official 45 shall pay, in addition to the shelter allowance components established 46 by the department pursuant to section one hundred thirty-one-a of this 47 title, a supplemental shelter allowance for units for which the owner 48 has submitted documentation certifying that the dwelling unit is in 49 compliance with subdivision seven of section one hundred forty-three-b 50 of this title. This monthly lead-safe housing supplement shall be in the 51 amount of fifty dollars for efficiency or one-bedroom units; one hundred 52 dollars for two-bedroom units; one hundred fifty dollars for three-bed- 53 room units; and two hundred dollars for units with four or more 54 bedrooms; or such higher amounts as the department may establish by 55 regulation as appropriate to induce landlords in high risk lead-paint 56 poisoning areas to voluntarily remove lead-paint hazards from theirA. 3432 28 1 units using lead safe work practices. This supplemental shelter allow- 2 ance for lead-safe housing shall be paid for a period of twelve months 3 following the submission of the most recent certification of compliance 4 and shall be renewed for subsequent twelve month periods upon the 5 submission of further certifications of compliance based upon more 6 recent inspections. 7 § 15. Subdivision 2 of section 143-b of the social services law, as 8 added by chapter 997 of the laws of 1962, is amended and a new subdivi- 9 sion 7 is added to read as follows: 10 2. Every public welfare official shall have power to and [ may] shall 11 withhold the payment of any such rent in any case where he has knowledge 12 that there exists or there is outstanding any violation of law in 13 respect to the building containing the housing accommodations occupied 14 by the person entitled to such assistance which is dangerous, hazardous 15 or detrimental to life or health. A report of each such violation shall 16 be made to the appropriate public welfare department by the appropriate 17 department or agency having jurisdiction over violations. 18 7. No state or local agency shall arrange to place a family consisting 19 of a person or persons under seven years of age or a known pregnant 20 woman in any dwelling unit constructed prior to nineteen hundred seven- 21 ty, or, in cities with a population of one million or more, any dwelling 22 unit constructed prior to nineteen hundred sixty, for which rent is paid 23 in any part with state funds unless such dwelling unit has been first 24 inspected by a person accredited pursuant to section thirteen hundred 25 seventy-five of the public health law, and determined to be free of 26 lead-based hazards, as defined by subdivision twenty-seven of section 27 thirteen hundred seventy of the public health law, and unless such agen- 28 cy has first obtained appropriate documentation acceptable to the 29 commissioner that such dwelling unit is in compliance with the require- 30 ments of section thirteen hundred seventy-six of the public health law, 31 or, for multiple dwellings in cities with a population of one million or 32 more, in compliance with local laws concerning the control of lead-based 33 paint hazards in such multiple dwellings. A written report shall be 34 prepared of any inspection performed pursuant to this subdivision and 35 shall be provided to the family. 36 § 16. Section 390-a of the social services law is amended by adding a 37 new subdivision 6 to read as follows: 38 6. No license or registration shall be issued to a child day care 39 center, a family day care home, or a group family day care home and no 40 such registration shall be renewed until it can be demonstrated that 41 those portions of the facility in which such child day care center, 42 family day care home, or group family day care home is located and those 43 portions of such facility that are readily accessible to children in 44 such child day care center, family day care home, or group family day 45 care home, meet the standards for lead-free property status, lead-con- 46 tained property status, or lead-stabilized property status set forth in 47 section thirteen hundred seventy-six of the public health law, or, for 48 multiple dwellings in cities with a population of one million or more, 49 with all local laws concerning the control of lead-based paint hazards 50 that apply to multiple dwelling units where children reside. 51 § 17. The insurance law is amended by adding a new section 3441 to 52 read as follows: 53 § 3441. Insurance coverage for lead poisoning. (a) For the purpose of 54 this section, the term "affected property" shall mean a room or group of 55 rooms within a property constructed before nineteen hundred seventy, or 56 constructed before nineteen hundred sixty in cities with a population ofA. 3432 29 1 one million or more, that form a single independent habitable dwelling 2 unit for occupation by one or more individuals that has living facili- 3 ties with permanent provisions for living, sleeping, eating, cooking, 4 and sanitation. "Affected property" shall not include: 5 (1) an area not used for living, sleeping, eating, cooking, or sanita- 6 tion, such as an unfinished basement, that is not readily accessible to 7 children under seven years of age; 8 (2) a unit within a hotel, motel, or similar seasonal or transient 9 facility unless such unit is occupied by one or more persons at risk 10 for a period exceeding thirty days; 11 (3) an area which is secured and inaccessible to occupants; 12 (4) housing for the elderly, or a residential property designated 13 exclusively for persons with disabilities; except this exemption shall 14 not apply if a person at risk resides or is expected to reside in the 15 dwelling unit or visits the dwelling unit on a regular basis; or 16 (5) an unoccupied dwelling unit or residential property that is to be 17 demolished, provided the dwelling unit or property will remain unoccu- 18 pied until demolition. 19 For the purpose of this section, the term "affected property" shall 20 not mean any property owned or operated by a unit of federal, state, or 21 local government, or any public, quasi-public, or municipal corporation, 22 but does include privately-owned properties that receive governmental 23 rental assistance. 24 (b) After fourteen months following the effective date of this 25 section, no insurer licensed or permitted by the department to provide 26 liability coverage to rental property owners shall exclude, except as 27 otherwise provided by this section, an affected property covered under a 28 policy coverage for losses or damages caused by exposure to lead-based 29 paint. The department shall not permit, authorize or approve any exclu- 30 sion for injury or damage resulting from exposure to lead-based paint, 31 except as specifically provided for in law, that was not in effect as of 32 the effective date of this section, and all previously approved exclu- 33 sions shall terminate on or before fourteen months following the effec- 34 tive date of this section. 35 (c) All insurers issuing liability insurance policies, including 36 commercial lines insurance policies, personal lines insurance policies, 37 and/or any other policies, covering affected properties shall offer 38 coverage for bodily injury caused by exposure to lead-based paint. 39 (d) Rates for the coverage specified in subsection (c) of this section 40 shall be approved by the superintendent using the following standards: 41 (1) Such rates must not be excessive, inadequate, or unfairly discri- 42 minatory; and 43 (2) In establishing such rates, consideration will be given to: 44 (A) Past and prospective loss experience; 45 (B) A reasonable margin for profits and contingencies; 46 (C) Past and prospective expenses; 47 (D) Such other data as the department may deem necessary; 48 (E) The past history of the owner with regard to lead poisoning or any 49 other liability or violations of ordinances or statutes relating to the 50 affected property or similar properties reasonably believed by the 51 insurer to be relevant; and 52 (F) Compliance with the requirements of either section thirteen 53 hundred seventy-six of the public health law or, for multiple dwellings 54 in cities with a population of one million or more, with all local laws 55 concerning the control of lead-based paint hazards in such multiple 56 dwellings.A. 3432 30 1 (e) The department shall determine within two years following the 2 effective date of this section the availability in the state of liabil- 3 ity personal injury/bodily injury coverage described in subsection (b) 4 of this section, and may if such coverage is not generally available, 5 establish a market assistance plan or take other measures to assure the 6 availability of such coverage that offers a liability limit which is at 7 least three hundred thousand dollars or shall require that such coverage 8 be made available through a joint underwriting plan. 9 (f) An owner may not assign liability nor require a tenant to limit or 10 waive liability and any such limit or waiver shall be void as contrary 11 to the public policy of New York state. 12 (g) The superintendent shall, within twelve months after the effective 13 date of this section: 14 (1) Adopt rules for and issue an advisory bulletin to all state 15 licensed, admitted insurers providing liability coverage for property 16 owners regarding their responsibilities under this section; and 17 (2) Adopt rules for and issue an advisory bulletin to all state 18 licensed insurance agents and brokers outlining the provisions of this 19 section and the new requirements for state licensed, admitted insurers. 20 § 18. This act shall take effect immediately.