NYCCELP

Pending New York State Legislative Proposals on Lead Paint and Lead (last updated 9/15/04
)

Bill Number
(click to see text)

Prime Sponsor;
Date Introduced

Summary

A16

John
January 8, 2003

Directs the department of health to apply to the federal government for waivers and approvals to use medicaid funds for a lead poisoning intervention demonstration program to be known as the New York state healthy homes demonstration program; provides that the purpose shall be to abate lead poisoning hazards; provides for reports and recommendations.

A17

John
January 8, 2003
Establishes a certification program to reduce the health risks of residential lead-based paint hazards; provides for the discontinuance of lead poisoning conditions; provides for training and education in lead based paint activities; provides for certification of contractors, recordkeeping, information outreach, and monitoring children`s blood levels; establishes maintenance standards for painted surfaces; provides for the promulgation of rules and regulations.

A229 /

S946

Lentol / Maltese

January 8 / January 24, 2003
Creates new crime of endangering the welfare of a child during the Pb abatement process, a class A misdemeanor; provides that one engaged in the performance of Pb abatement who causes an increase in the level of Pb in blood of a child less than 10 years old as a direct result of said process, or who causes a child less than 10 years old to seek medical treatment or to require hospitalization for Pb poisoning during or subsequent to the Pb abatement process, or fails to fully inform or misinforms the parent, guardian, etc. of a child less than 10 years old of the dangers of exposure and the need for relocation during the process, shall be guilty of endangering the welfare of a child during the Pb abatement process.

A734 Grannis
January 8, 2003
Enacts the lead-free parks act; directs DEC to do a study of certain state parks which are adjacent to heavily travelled streets and highways to identify the level of Pb contamination at such parks; provides for posting warning signs at parks identified as potential hazards; provides for grants to localities to clean up lead contaminated parks; directs DEC to establish procedures and regulations for remediation; requires final report on reduction efforts after 1 year.

A1341 John
January 21, 2003
Increases requirements for screening of children for Pb upon enrollment in public school and upon referral to the committee on special education; provides for increased recordkeeping; requires reports to the department of education concerning children in special education; expands the scope of provisions for control of Pb poisoning; provides for comprehensive environmental Pb inspections, screening of children up to seven and in private and public schools; also provides for screening of pregnant women; provides for increased diagnostic evaluations and treatment; provides for recovery of abatement expenses from dwelling owners; limits certain actions against the DoH to mandamus; directs the DoH to apply to the federal government for waivers and approvals to use medicaid funds for a Pb poisoning intervention demonstration program to be known as the NY state healthy homes demonstration program; the purpose shall be to abate Pb poisoning hazards; provides for reports and recommendations.

A1473 John
January 21, 2003
Expands the scope of provisions for the control of Pb poisoning: provides for comprehensive environmental lead inspections, screening of children up to seven and in private and public schools; also provides for screening of pregnant women; provides for increased diagnostic evaluations and treatment; provides for recovery of abatement expenses from dwelling owners; limits certain actions against the department of health to mandamus.

A1644 John
January 22, 2003
Increases requirements for screening of children for Pb screening upon enrollment in public school and upon referral to the committee on special education; provides for increased recordkeeping; requires reports to the department of education concerning children in special education.

A1898 McEneny
January 23, 2003
Provides for bi-annual school lead-copper tap water testing; requires the publishing of reports of contamination and abatement of such contamination; requires school districts to provide potable water to school children attending affected schools.

A2613 Kaufman
January 29, 2003
Provides for reduced premiums for coverage for liability for exposure to lead-based paint when such paint has been removed or there has been a temporary reduction of exposure in accordance with federal standards.

A3200 Klein
February 4, 2003
Prohibits the sale within the state of candles containing lead-core wicks and prohibits the use of lead-core wicks in the making of candles within the state; includes attorney-general enforcement powers and civil penalty of not more than $500 for each violation.

A3291 Dinowitz
February 5, 2003
Requires the commissioner of health to take action when areas of lead poisoning are designated; the commissioner of health is also required to provide written notice instructing such condition be discontinued within a specified period of time.

A4241 Clark
February 12, 2003
Increases the penalty for the failure to comply with a notice and demand for the discontinuance of a paint condition conducive to lead poisoning from $2,500 to $5,000.

A5434 Lopez
February 27, 2003
Authorizes the commissioner of the department of health to submit to the EPA a state program for accreditation of Pb paint activities training programs and certification of persons to perform Pb paint activities; the program would make it illegal for any person to engage in Pb paint activities unless all such persons have a valid approved Pb paint activities training program certificate or its equivalent.

A9797
Green
Feb. 18, 2004
Enacts the lead-safe housing act to make enforcement of lead hazard control standards in the state of New York more certain and more effective; creates a loan fund to assist owners in complying with lead-safe requirements; provides for inspections and certification of inspectors and remediators; requires registration of affected properties; provides tax credits for remediation; provides for appointment of deputy commission of housing and community renewal to oversee provisions; provides for educational programs relating to lead poisoning and abatement.

A11750
Gantt

July 7, 2004

Enacts lead-safe housing act to make enforcement of lead hazard control standards in New York more certain and more effective; creates a loan fund to assist owners in complying with lead-safe requirements; provides for inspections and certification of inspectors and remediators; requires registration of affected properties; provides tax credits for remediation; provides for appointment of deputy commission of housing and community renewal to oversee provisions; provides for educational programs relating to lead poisoning and abatement.

S2000 Breslin
February 18, 2003
Exempts local governments from liability for negligence in the implementation of Pb poisoning prevention program.

S4645
Lachman
April 14, 2003

Relates to the abatement of lead paint poisoning conditions; makes voluntary
and permissive words mandatory; makes technical corrections.

S4656
Lachman
April 14, 2003

Provides that the commissioner of temporary disability and assistance shall not expend any
funding for any housing, shelter, homeless shelter, home relief or other
residential program allowed in the social services law unless the commissioner
of health has certified to such commissioner that such housing is free of any
condition conducive to lead poisoning.

S4664
Lachman
April 14, 2003

Permits use of market share liability for a manufacturer of lead-based
paint or a manufacturer of any lead constituent of a lead-based paint in civil
actions brought against certain producers or manufacturers; provides for a six
year statute of limitations.

S4669
Lachman
April 14, 2003

Relates to the percentage of patients screened for lead exposure; adds to the
required list of information included in the profile the percentage of children
seen by the doctor who have been screened for lead-based paint poisoning.

S4670
Lachman
April 14, 2003
Rrovides that any manufacturer of lead-based paint or a manufacturer of any lead
constituent of a lead-based paint shall be held strictly liable in tort,
without regard to fault or proof of defect, for all direct and consequential
damages to any person damaged in person, property or means of support.

2001-2002 Session Bills

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Bill Number (click to see text)	Prime Sponsor; Date Introduced	Summary
A16	John January 8, 2003	Directs the department of health to apply to the federal government for waivers and approvals to use medicaid funds for a lead poisoning intervention demonstration program to be known as the New York state healthy homes demonstration program; provides that the purpose shall be to abate lead poisoning hazards; provides for reports and recommendations.
A17	John January 8, 2003	Establishes a certification program to reduce the health risks of residential lead-based paint hazards; provides for the discontinuance of lead poisoning conditions; provides for training and education in lead based paint activities; provides for certification of contractors, recordkeeping, information outreach, and monitoring children`s blood levels; establishes maintenance standards for painted surfaces; provides for the promulgation of rules and regulations.
A229 / S946	Lentol / Maltese January 8 / January 24, 2003	Creates new crime of endangering the welfare of a child during the Pb abatement process, a class A misdemeanor; provides that one engaged in the performance of Pb abatement who causes an increase in the level of Pb in blood of a child less than 10 years old as a direct result of said process, or who causes a child less than 10 years old to seek medical treatment or to require hospitalization for Pb poisoning during or subsequent to the Pb abatement process, or fails to fully inform or misinforms the parent, guardian, etc. of a child less than 10 years old of the dangers of exposure and the need for relocation during the process, shall be guilty of endangering the welfare of a child during the Pb abatement process.
A734	Grannis January 8, 2003	Enacts the lead-free parks act; directs DEC to do a study of certain state parks which are adjacent to heavily travelled streets and highways to identify the level of Pb contamination at such parks; provides for posting warning signs at parks identified as potential hazards; provides for grants to localities to clean up lead contaminated parks; directs DEC to establish procedures and regulations for remediation; requires final report on reduction efforts after 1 year.
A1341	John January 21, 2003	Increases requirements for screening of children for Pb upon enrollment in public school and upon referral to the committee on special education; provides for increased recordkeeping; requires reports to the department of education concerning children in special education; expands the scope of provisions for control of Pb poisoning; provides for comprehensive environmental Pb inspections, screening of children up to seven and in private and public schools; also provides for screening of pregnant women; provides for increased diagnostic evaluations and treatment; provides for recovery of abatement expenses from dwelling owners; limits certain actions against the DoH to mandamus; directs the DoH to apply to the federal government for waivers and approvals to use medicaid funds for a Pb poisoning intervention demonstration program to be known as the NY state healthy homes demonstration program; the purpose shall be to abate Pb poisoning hazards; provides for reports and recommendations.
A1473	John January 21, 2003	Expands the scope of provisions for the control of Pb poisoning: provides for comprehensive environmental lead inspections, screening of children up to seven and in private and public schools; also provides for screening of pregnant women; provides for increased diagnostic evaluations and treatment; provides for recovery of abatement expenses from dwelling owners; limits certain actions against the department of health to mandamus.
A1644	John January 22, 2003	Increases requirements for screening of children for Pb screening upon enrollment in public school and upon referral to the committee on special education; provides for increased recordkeeping; requires reports to the department of education concerning children in special education.
A1898	McEneny January 23, 2003	Provides for bi-annual school lead-copper tap water testing; requires the publishing of reports of contamination and abatement of such contamination; requires school districts to provide potable water to school children attending affected schools.
A2613	Kaufman January 29, 2003	Provides for reduced premiums for coverage for liability for exposure to lead-based paint when such paint has been removed or there has been a temporary reduction of exposure in accordance with federal standards.
A3200	Klein February 4, 2003	Prohibits the sale within the state of candles containing lead-core wicks and prohibits the use of lead-core wicks in the making of candles within the state; includes attorney-general enforcement powers and civil penalty of not more than $500 for each violation.
A3291	Dinowitz February 5, 2003	Requires the commissioner of health to take action when areas of lead poisoning are designated; the commissioner of health is also required to provide written notice instructing such condition be discontinued within a specified period of time.
A4241	Clark February 12, 2003	Increases the penalty for the failure to comply with a notice and demand for the discontinuance of a paint condition conducive to lead poisoning from $2,500 to $5,000.
A5434	Lopez February 27, 2003	Authorizes the commissioner of the department of health to submit to the EPA a state program for accreditation of Pb paint activities training programs and certification of persons to perform Pb paint activities; the program would make it illegal for any person to engage in Pb paint activities unless all such persons have a valid approved Pb paint activities training program certificate or its equivalent.
A9797	Green Feb. 18, 2004	Enacts the lead-safe housing act to make enforcement of lead hazard control standards in the state of New York more certain and more effective; creates a loan fund to assist owners in complying with lead-safe requirements; provides for inspections and certification of inspectors and remediators; requires registration of affected properties; provides tax credits for remediation; provides for appointment of deputy commission of housing and community renewal to oversee provisions; provides for educational programs relating to lead poisoning and abatement.
A11750	Gantt July 7, 2004	Enacts lead-safe housing act to make enforcement of lead hazard control standards in New York more certain and more effective; creates a loan fund to assist owners in complying with lead-safe requirements; provides for inspections and certification of inspectors and remediators; requires registration of affected properties; provides tax credits for remediation; provides for appointment of deputy commission of housing and community renewal to oversee provisions; provides for educational programs relating to lead poisoning and abatement.
S2000	Breslin February 18, 2003	Exempts local governments from liability for negligence in the implementation of Pb poisoning prevention program.
S4645	Lachman April 14, 2003	Relates to the abatement of lead paint poisoning conditions; makes voluntary and permissive words mandatory; makes technical corrections.
S4656	Lachman April 14, 2003	Provides that the commissioner of temporary disability and assistance shall not expend any funding for any housing, shelter, homeless shelter, home relief or other residential program allowed in the social services law unless the commissioner of health has certified to such commissioner that such housing is free of any condition conducive to lead poisoning.
S4664	Lachman April 14, 2003	Permits use of market share liability for a manufacturer of lead-based paint or a manufacturer of any lead constituent of a lead-based paint in civil actions brought against certain producers or manufacturers; provides for a six year statute of limitations.
S4669	Lachman April 14, 2003	Relates to the percentage of patients screened for lead exposure; adds to the required list of information included in the profile the percentage of children seen by the doctor who have been screened for lead-based paint poisoning.
S4670	Lachman April 14, 2003	Rrovides that any manufacturer of lead-based paint or a manufacturer of any lead constituent of a lead-based paint shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages to any person damaged in person, property or means of support.