Requires the commissioner of health to take action when high risk areas of lead poisoning are designated; requires the commissioner of health to provide written notice instructing such condition be discontinued within a specified period of time.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1809A
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
commissioner of health to act when areas of lead poisoning are desig-
nated
PURPOSE OR GENERAL IDEA OF BILL:
To require the commissioner to take action when an area of lead poison-
ing has been designated.
SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivisions 1 and 3 of section 1373 of the public health law, so
that it requires that written notice be given to the health commissioner
or his representative whenever an area of high risk of lead poisoning is
designated.
JUSTIFICATION:
The people of New York, the Legislature and Governor all recognize the
importance of requiring safety guidelines in regards to the health of
all of its people, especially in living conditions. Currently, the law
leaves it up to the discretion of the commissioner and does not require
her/him to take action such as giving written notice when an area is
deemed high risk. It also leaves it up to her/his discretion to conduct
a hearing if the notice is not complied with in a timely fashion. The
legislation proposed strengthens the existing laws.
PRIOR LEGISLATIVE HISTORY:
2015-16 - A.2592 - Passed Assembly/S.1785 - Referred to Health
2013-14 - A.431 - Passed Assembly/S.7287- Referred to Health
2011-12 - A.717 - Passed Assembly
2009-10 - A.541 - Passed Assembly
2007-08 - A.513 - Passed Assembly
2005-06 - A.1239 - Passed Assembly
2003-04 - A.3291 - Passed Assembly/S.7173- Referred to Health
2001-02 - A.1182 - Passed Assembly
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
On the ninetieth day after passage.
STATE OF NEW YORK
________________________________________________________________________
1809--A
Cal. No. 31
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
___________
Introduced by M. of A. DINOWITZ, KAVANAGH, BARRON -- read once and
referred to the Committee on Health -- reported and referred to the
Committee on Codes -- advanced to a third reading, passed by Assembly
and delivered to the Senate, recalled from the Senate, vote reconsid-
ered, bill amended, ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the public health law, in relation to requiring the
commissioner of health to act when areas of lead poisoning are desig-
nated
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 3 of section 1373 of the public health
2 law, as added by chapter 338 of the laws of 1970, are amended to read as
3 follows:
4 1. Whenever the commissioner or his or her representative shall desig-
5 nate an area of high risk, he [may] or she shall give written notice and
6 demand, served as provided [herein] by this section, for the discontin-
7 uance of a paint condition conducive to lead poisoning in any designated
8 dwelling in such area within a specified period of time.
9 3. In the event of failure to comply with a notice and demand, the
10 commissioner or his or her representative [may] shall conduct a formal
11 hearing upon due notice in accordance with the provisions of section
12 twelve-a of this chapter and on proof of violation of such notice and
13 demand may order abatement of a paint condition conducive to lead
14 poisoning upon such terms as may be appropriate and may assess a penalty
15 not to exceed two thousand five hundred dollars for such violation;
16 provided, however, that abatement shall not be ordered if the respondent
17 proves by a preponderance of evidence at such hearing that a paint
18 condition conducive to lead poisoning in the designated dwelling does
19 not exist.
20 § 2. This act shall take effect on the one hundred twentieth day after
21 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00009-02-7
