What's happening
This bill increases the maximum penalty for violating lead poisoning abatement orders from $2,500 to $5,000.
Why it matters
Increases financial consequences for property owners or responsible parties who fail to comply with lead abatement orders, potentially encouraging more timely and thorough remediation of hazardous lead conditions.
Signals a stronger commitment by the state to protecting public health, especially for children and vulnerable populations who are most at risk from lead poisoning.
May increase local government enforcement efforts, as higher penalties could provide more leverage to ensure compliance with health regulations and reduce repeat violations.
Could result in higher costs for violators, which might incentivize proactive property maintenance but also could impact landlords and housing affordability depending on how the penalties are applied.
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Who cares
Headline styles
Raise Lead Violation Fines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4961
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the abatement of lead poisoning conditions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 1373 of the public health law, as added by chapter 338 of the laws of 1970, is amended to read as follows:
3. In the event of failure to comply with a notice and demand, the commissioner or his representative may 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] five thousand dollars for such violation.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07307-01-7
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 the abatement of lead poisoning conditions
Summary of specific provisions
Section 1. Amends the public health law, section 1373, subdivision 3. Increases the penalties for building code violations and increases the penalty for failure to correct a paint condition conducive to lead poisoning to no more than five-thousand dollars.
Section 2. Effective Date
Existing law
Current law establishes a penalty not to exceed $2,500.
Justification
Lead poisoning is an issue that has been gaining momentum due to the frequency of lead poisoning cases in our communities. Lead poisoning cases are especially prevalent in high-poverty areas. Young children and pregnant women are most vulnerable to the effects of lead poisoning. High lead levels in children can lead to developmental and other health problems. In pregnant women high lead levels can significantly affect the developmental abilities of their unborn children. This bill will help to prevent lead exposure and lead-related health problems by placing stiff penalties against building owners who allow this dangerous condition to exist on their properties.
Prior legislative history
2016: S. 462- REFERRED TO HEALTH/ A.10509- referred to health 2015: S.462- REFERRED TO HEALTH 2014: S.22 Referred to Health/A.3080 -Referred to Health 2013: S.22 Referred to Health/A.3080 - Referred to Health 2012: S.6590 - Referred to Health/A.3621 Advanced to Third Reading, Cal. 348 2011: A.3621 - Died on Third Reading Calendar 2009-10: A.3074 - Passed Assembly 2007-08: A.276 - Passed Assembly 2005-06: A.1897 - Passed Assembly
Fiscal implications
To be determined, potential increase due to increase in fines.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.