What's happening
This bill requires the health commissioner to take mandatory action, including hearings and possible penalties, when lead paint risks are identified.
Why it matters
Shifts the health commissioner's response from optional to mandatory. when a high-risk area for lead poisoning is designated, ensuring that action must be taken rather than left to discretion.
Requires formal hearings and potential penalties. if property owners fail to address lead paint hazards after being notified, increasing accountability and the likelihood of compliance.
Establishes due process protections. by allowing property owners to contest abatement orders at a hearing, where they can avoid penalties if they prove no hazardous paint condition exists.
May lead to more consistent and proactive enforcement. against lead paint risks, potentially reducing childhood lead exposure and related health disparities in affected communities.
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Who cares
Headline styles
Require Lead Cleanup Action
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Approval memo.16
- Signed chap.411
- Delivered to governor
- Returned to assembly
- Passed senateVote 63–0
- 3rd reading cal.714
- Substituted for S1200A
- Recommitted to health
- Returned to senate
- Repassed assembly
- Amended on third reading 1809a
- Vote reconsidered - restored to third reading
Show 9 earlier actions
- Returned to assembly
- Recalled from senate
- Referred to health
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.31
- Reported
- Reported referred to codes
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Act on Lead Poisoning Areas
Senate Floor Calendar · Sponsor Marisol Alcantara
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 reconsidered, 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 designated
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 3 of section 1373 of the public health law, as added by chapter 338 of the laws of 1970, are amended to read as follows:
1. Whenever the commissioner or his or her representative shall designate an area of high risk, he [may] or she shall give written notice and demand, served as provided [herein] by this section, for the discontinuance of a paint condition conducive to lead poisoning in any designated dwelling in such area within a specified period of time.
3. In the event of failure to comply with a notice and demand, the commissioner or his or her representative [may] shall conduct a formal hearing upon due notice in accordance with the provisions of section twelve-a of this chapter and on proof of violation of such notice and demand may order abatement of a paint condition conducive to lead poisoning upon such terms as may be appropriate and may assess a penalty not to exceed two thousand five hundred dollars for such violation; provided, however, that abatement shall not be ordered if the respondent proves by a preponderance of evidence at such hearing that a paint condition conducive to lead poisoning in the designated dwelling does not exist.
§ 2. This act shall take effect on the one hundred twentieth day after 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.