What's happening
This bill requires the health commissioner to take mandatory action, not optional, when addressing lead poisoning risks in designated areas.
Why it matters
Increases government accountability. By changing the health commissioner’s response from optional (“may”) to mandatory (“shall”), the bill removes discretion and ensures consistent government action to address lead hazards, which could reduce disparities in how different communities are protected.
Potential for faster hazard removal. Mandating written notice and demand for lead paint abatement in high-risk dwellings could lead to quicker interventions, possibly preventing more cases of lead poisoning, especially among children, who are particularly vulnerable.
Stronger enforcement and higher compliance. The commissioner is now required to hold formal hearings and order abatement (and may assess penalties) whenever landlords or property owners fail to address lead hazards, increasing the likelihood that unsafe conditions will actually be remedied.
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Who cares
Headline styles
Act on Lead Poisoning Zones
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
59
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- 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 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] shall 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.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00009-01-7
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 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
S.1785 of 2015-2016 (Espaillat): Died in Health A.2592 of 2015-2016 (Dinowitz): Passed Assembly S.7287 of 2014 (Espaillat): Died in Health A.431 of 2013-2014 (Dinowitz): Passed Assembly A.717 of 2011-2012 (Dinowitz): Passed Assembly A.541 of 2009-2010 (Dinowitz): Passed Assembly A.513 of 2007-2008 (Dinowitz): Passed Assembly A.1239 of 2005-2006 (Dinowitz): Passed Assembly S.7173 of 2004 (Mendez): Died in Health A.3291 of 2003-2004 (Dinowitz): Passed Assembly A.1182 of 2001-2002 (Dinowitz): Passed Assembly A.2061 of 1999-2000 (Dinowitz): Advanced to Third Reading Calendar (1999)/Passed Assembly (2000) A.3872-A of 1997-1998 (Dinowitz): Died in Health (1997)/Died in Codes (1998) A.9347 of 1996 (Diaz F): Died in Health
Fiscal implications
None.
Effective date
On the ninetieth day after passage.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.