What's happening
This bill allows Buffalo to set and enforce its own stricter local laws for lead testing and abatement in buildings.
Why it matters
Empowers Buffalo to address its unique lead contamination risks. By letting Buffalo set and enforce stricter local rules on lead testing and removal, the city can respond more quickly and specifically to local health threats, especially those affecting vulnerable populations like children in older housing.
Removes state barriers to local action. The bill exempts Buffalo from a state requirement that typically forces local construction or safety codes to undergo state review, meaning Buffalo can act independently and efficiently without waiting for state approval.
Could set a precedent for other cities. Granting Buffalo this authority could encourage other New York cities to seek similar powers, potentially leading to a patchwork of tougher local standards that respond better to on-the-ground public health needs.
Impacts property owners and landlords. Stricter local regulation may mean higher compliance costs for building owners, but also greater accountability and safer living environments for tenants, especially in older neighborhoods with known lead hazards.
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Who cares
Headline styles
Buffalo Sets Lead Safety Rules
Plain English, a few words. Used as the page title.
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6094
2019-2020 Regular Sessions
IN ASSEMBLY
February 28, 2019
Introduced by M. of A. RYAN -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law and the general business law, in relation to authorizing the city of Buffalo to adopt and enforce local laws and ordinances relating to the abatement of, remediation of, presence of and testing for lead in buildings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 379 of the executive law, as amended by chapter 348 of the laws of 2017, is amended and a new subdivision 6 is added to read as follows:
1. Except in the case of factory manufactured homes, intended for use as one or two family dwelling units or multiple dwellings of not more than two stories in height, the legislative body of any local government may duly enact or adopt local laws or ordinances imposing higher or more restrictive standards for construction within the jurisdiction of such local government than are applicable generally to such local government in the uniform code. [Within] Except as otherwise provided in subdivision six of this section, within thirty days of such enactment or adoption, the chief executive officer, or if there be none, the chairman of the legislative body of such local government, shall so notify the council, and shall petition the council for a determination of whether such local laws or ordinances are more stringent than the standards for construction applicable generally to such local government in the uniform code. Such local laws or ordinances shall take full force and effect upon an affirmative determination by the council as provided herein.
6. Notwithstanding the provisions of any other subdivision of this section and except in the case of factory manufactured homes, intended for use as one or two family dwelling units or multiple dwellings of not more than two stories in height, the legislative body of the city of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08074-01-9
A. 6094 2
Buffalo may duly enact or adopt local laws, codes or ordinances imposing higher or more restrictive standards for the presence of, abatement of, remediation of and testing for the presence of lead in buildings within the jurisdiction of such city that are applicable generally to such city in the uniform code. No local law, code or ordinance enacted or adopted pursuant to this subdivision shall be subject to review or any determination by the council.
§ 2. Subdivision 2 of section 777 of the general business law, as added by chapter 709 of the laws of 1988, is amended to read as follows:
2. "Building code" means the uniform fire prevention and building code promulgated under section three hundred seventy-seven of the executive law, local building code standards approved by the uniform fire prevention and building code council under section three hundred seventy-nine of the executive law, local building code standards relating to lead enacted or adopted pursuant to subdivision six of section three hundred seventy-nine of the executive law, and the building code of the city of New York, as defined in title twenty-seven of the administrative code of the city of New York.
§ 3. This act shall take effect immediately.
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.