BILL NUMBER: S6174
SPONSOR: PARKER
 
TITLE OF BILL:
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"; and to repeal certain provisions of the public health law
relating thereto
 
PURPOSE:
To improve New York's current laws that. focus on secondary revention.
Lead poisoning causes irreparable damage, it is now widely accepted that
primary prevention is the key to ending lead poisoning. We caPnot wait
until the detection of elevated lead Ii a child's blood before acting to
remedy the environmental sources of it. New York's childrshould not be
used as the litmus test for detecting and correi-tirgid 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 dwellings
built before 1970 in New York (except New York City multiple dwellings).
The legislation also would strengthen some of the inspection and disclo-
sure requirements for home sales. The state would be required to focus
its efforts and resources on 30 municipalities and communities that have
the highest concentrations of children testing with elevated blood lead
levels. The bill also would require intervention 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 dwelling 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-cast 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 18 uq/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. Moveover, 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 of
13 of the public Health Law (codified at. PHL S 1370 et seg.1, the
legislature 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:
2023-24: S7406 Referred to Health
2021-22: S.5637 - Referred to Health
S.5107 of 2019-20: Referred to Health
S 5457-A of 2017-2018: PRINT NUMBER 5457A
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.7533-A of 2007-2088 (Peoples-Stokes): Died in Health
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6174: 1370 public health law, 1370-b public health law, 1370-c public health law, 1370-c(1) public health law, 210-B tax law, 606 tax law, 302-a multiple dwelling law, 302-a(2) multiple dwelling law, 305-a multiple residence law, 305-a(2) multiple residence law, 143-b social services law, 143-b(2) social services law, 390-a social services law