NYCCELP

New York State Legislative Proposals on Lead Paint and Lead - 2001-2002 Session

Bill Number (click to see text)	Prime Sponsor; Date Introduced	Summary
A244	Grannis Jan 3, 2001	"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; provide warning signs at parks identified as potential hazards; provides for grants to localities to clean up Pb contaminated parks; directs DEC to establish procedures and regulations for remediation; requires final report on reduction efforts after one year.
A450	Brodsky January 3, 2001	"Plumbing System Lead Ban and Notification Act" - prohibits the sale of certain leaded materials used in plumbing systems; provides public notice of potential Pb contamination of drinking water consumed by users of public & private water systems; prohibits any person from using pipes, pipe fittings, solder or flux that is not Pb free in construction, modification or repair of plumbing systems
A631 / S2194	Lentol / Maltese January 3, 2001 / February 5, 2001	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.
A1182	Dinowitz January 10, 2001	Amends Public Health Law §1373, to require the Health Commissioner to take action when areas of Pb 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
A1783	Kaufman January 16, 2001	Requires each multiple dwelling owner liability insurance policy to include, at the request of the insured, coverage against hazards from Pb paint in a minimum amount of one hundred thousand dollars per incident and requires such policies to cover, at the request of the insured, each dwelling unit in the multiple dwelling.
A2669	Englebright January 25, 2001	Directs DEC to institute a Pb fishing sinker education program; authorizes regulations on Pb fishing sinkers if the education program fails.
A2768	Clark January 25, 2001	Increases penalty for failure to comply with a notice and demand for discontinuance of a paint condition conducive to Pb poisoning from $2,500 to $5000
A2950	Wertz January 29, 2001	Changes the penalty for a violation of provisions requiring that the Pb content of solder be conspicuously noted on the package thereof from that of a civil penalty not to exceed $500 to that of a class B misdemeanor.
A3400	Boyland February 1, 2001	.Directs DEC commissioner, in consultation with Health Commissioner, to study the impact of Pb based paint and Pb pipes in buildings and the feasibility of removal and retrofitting such paint and pipes; appropriates $500,000 therefor.
A6323 / S3955	Lopez /Volker March 6, 2001 / March 27, 2001	Provides for establishment of a state program for training and certification in connection with Pb-based paint activities by the Health Commissioner; such program must be authorized by the US EPA.
A6561 / S4477	Eve / Volker March 6, 2001 /April 16, 2001	Establishes a certification program to reduce the health risks of residential Pb-based paint hazards; provides for the discontinuance of Pb poisoning conditions; provides for training and education in Pb 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.
A6586 / S3285	Canestrari/Breslin March 6, 2001	Exempts local governments from liability for negligence in the implementation of the Pb poisoning prevention program.
A6592 / S3311	Eve / Volker March 6, 2001	Provides that policies insuring against liability for injury shall not exclude or otherwise limit policy coverage for claims relating to exposure to or inhalation or ingestion of Pb-based paint or residue.
A6651 / S481	Klien / Alesi March 6, 2001 / January 3, 2001	Prohibits sale of candles containing Pb-core wicks and prohibits use of Pb-core wicks in the making of candles; includes attorney-general enforcement powers and civil penalty.
A7677 / S6505	McEneny / Balboni March 27, 2001	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.
A8683 / S4786	Englebright / Marcellino April 17, 2001	Prohibits the sale of lead fishing sinkers weighing one-half ounce or less (became law 5/7/02)
A11663	John June 12, 2002	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 department of  health to mandamus; directs the department of health 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.
A11664	John June 12, 2002	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.
A11665	John June 12, 2002	Directs the department of health 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 New York state healthy homes demonstration program; provides that the purpose shall be to abate Pb poisoning hazards; provides for reports and recommendations.
A11666	John June 12, 2002	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.
S481 (see A6651 above)
S2194 (see A631 above)
S3032	Markowitz March 1, 2001	Imposes a $100 surcharge on any building code violation relating to Pb paint; creates a Pb paint education fund as a depository for monies received as a result of such surcharge; creates a Pb paint education program within DoH funded by monies deposited in such fund.
S3285 (see A6586 above)
S3311 (see A6592
S3955 (see A6323 above)
S4477 (see A6561 above)
S4491	Dollinger April 16, 2001	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 health commissioner has certified to such commissioner that such housing is free of any condition conducive to Pb poisoning.
S4492	Dollinger April 16, 2001	Would require the Health Department, in its profile data of licensed physicians, to collect data on the percentage of patients screened for Pb poisoning
S4493	Dollinger April 16, 2001	Would amend Pub Health Law § 1373 to make certain voluntary and permissive words mandatory with respect to abatement of Pb paint poisoning conditions when an area declared high risk.
S4494	Dollinger April 16, 2001	Provides that any manufacturer of Pb-based paint or a manufacturer of any Pb constituent of a Pb-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
S4495	Dollinger April 16, 2001	Appropriates $50,000,000 to the department of health to be distributed as grants in aid to persons in need of Pb paint abatement.
S4753	Dollinger April 17, 2001	Provides that a physician who willfully fails to screen Pb exposure levels in pregnant women and children shall be guilty of a class A misdemeanor and shall be civilly liable for damages proximately caused by such failure.
S4786 See A8683 above
S6505 See A7677  above
S6919	Dollinger April 11, 2002	Creates a duty of a landlord relating to Pb-based paint liability; includes  in such duty to test for or abate Pb-based paint hazards when the landlord:  retained a right of entry to the premises and assumed a duty to make repairs;   knew that the apartment was constructed at a time before Pb-based interior  paint was banned; was aware that paint was peeling on the premises; knew of the hazards of such paint to young children; and knew that a young child resides in  such apartment.

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