Enacts the childhood lead poisoning primary prevention and safe housing act

BILL NUMBER:S566

Title of bill

An act to amend the public health law, in relation to establishing the childhood lead poisoning primary prevention and safe housing act; to amend the state finance law, in relation to establishing the childhood lead poisoning primary prevention and safe housing fund; to amend the tax law, in relation to authorizing a credit for lead hazard reduction activities; and providing for the repeal of certain provisions upon expiration thereof

Purpose

To eliminate childhood lead poisoning in the state through primary prevention measures that include financial assistance to landlords and homeowners for lead-based paint hazard remediation in pre-1978 housing, screening of persons at risk of lead poisoning and public awareness and education.

Summary of provisions

Section 1. States the act shall be known as the "childhood lead poisoning primary prevention and safe housing act". Section 2. Legislative findings and purposes. Section 3. Definitions. Amends section 1370 of the public health. Section 4. Amends section 1370-a of the public health law to include public awareness campaigns that include the use of mass media to inform the public on the dangers of lead poisoning and ways to prevent it. Section 5. Amends section 1370-c of the public health law to ensure children at age one and two and pregnant women are screened for lead poisoning and all children who are considered at risk are screened at least once per year up to age six. Section 6. Adds section 1377 to the public health law to require the department to establish guidelines and a trainer's manual for a "lead-safe housing awareness seminar." Section 7. Adds section 1378 to the public health law to authorize the department to establish regulations for inspections for conditions conducive to lead poisoning or lead based paint hazards. Section 8. Amends section 606 of the tax law to authorize a tax credit for certain activities related to lead hazard reduction. Limits the credit to $1500 per property, $5000 per taxpayer and fifteen million dollars in total for the two years the credits are authorized. Sets out documentation and other requirements to receive the tax credit. Section 9. Adds section 100 to the state finance law to establish the childhood lead poisoning primary prevention and safe housing fund that shall consist of the lead based paint hazard abatement revolving loan account and the primary prevention and safe housing account. Funds may be provided through appropriation, grant, gift, and donation or pursuant to law and shall be used to support the activities undertaken pursuant to this act. Section 10. Adds section 1379 to the public health law to authorize the department of health to issue a certificate of lead hazard reduction activities for purposes of a tax credit. sets out documentation and

other requirements to receive the tax credit. Section 11. Authorizes cooperation among state agencies and local municipalities to carry out the provisions of this act. Requires timely promulgation of rules or regulations. Section 12. Effective dates.

Justification

This law would provide tax credit incentives to property owners and residents who remediate lead hazards in homes. Moreover, this law would help protect young children against the dangers of childhood lead poisoning.

Legislative history

2008 PASSED SENATE

Fiscal implications

To be determined.

Effective date

Sections 1.7 and 11 of this act shall take effect immediately. Sections 8 and 10 shall take effect 180 days after it becomes law and shall expire and deemed to be repealed two years after the effective date.