Enacts the childhood lead poisoning prevention and safe housing act of 2010; repealer

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 conducive 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 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-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 percentage 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, irreparable 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 implementation of housing-based primary prevention.

CDC,

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 residences 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 § 1370 et seg.), 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 thousands. 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 availability 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

2009-10: Referred to Health

Fiscal implications

Unable to determine at this time.

Local fiscal implications

Unable to determine at this time.

Effective date

Immediately.