What's happening
This bill requires the health commissioner to act, rather than just allowing action, when areas of high lead poisoning risk are identified.
Why it matters
Strengthens public health response. By changing “may” to “shall,” the bill compels the health commissioner to take action—rather than leaving it to their discretion—when an area is identified as high risk for lead poisoning, making government intervention more consistent and reliable.
Ensures faster remediation. Mandatory written notice and demand for the removal of hazardous lead paint conditions in at-risk dwellings could accelerate the identification and correction of dangers, potentially reducing lead exposure for vulnerable populations, especially children.
Establishes clear procedures and due process. The law now requires formal hearings if property owners do not comply, but also adds a safeguard allowing them to contest the order by proving, with evidence, that no hazardous paint condition exists—balancing public health needs with property owners’ rights.
Adds financial consequences for non-compliance. By making penalties for violations mandatory (up to $2,500), the bill increases the incentive for property owners to proactively address and prevent lead hazards, which could lead to broader improvements in housing safety standards.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Act on Lead Poisoning Areas
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A1809A
- Advanced to third reading
- Amended 1200a
- 2nd report cal.
- 1st report cal.714
- 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.
Require Lead Cleanup Action
Signed by Governor · Sponsor Jeffrey Dinowitz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1200--A Cal. No. 714
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in 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.
LBD07256-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 designated
Purpose or general idea of bill
To require the commissioner to take action when an area of lead poisoning 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 its people, especially in living conditions. Currently, the law leaves it up to the discretion of the commissioner and does not require she/he to take action such as giving written notice in 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
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 Senate 2001-02- A.1182- Passed Assembly
Fiscal implications
None.
Effective date
On the 120th day after passage.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.