Bill Text: NY A01809 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires the commissioner of health to take action when high risk areas of lead poisoning are designated; requires the commissioner of health to provide written notice instructing such condition be discontinued within a specified period of time.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2017-11-29 - approval memo.16 [A01809 Detail]

Download: New_York-2017-A01809-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1809--A
                                                                 Cal. No. 31
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced  by  M.  of  A.  DINOWITZ,  KAVANAGH, BARRON -- read once and
          referred to the Committee on Health -- reported and  referred  to  the
          Committee  on Codes -- advanced to a third reading, passed by Assembly
          and delivered to the Senate, recalled from the Senate, vote  reconsid-
          ered,  bill  amended,  ordered  reprinted,  retaining its place on the
          order of third reading
        AN ACT to amend the public health law,  in  relation  to  requiring  the
          commissioner  of health to act when areas of lead poisoning are desig-
          nated
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions 1 and 3 of section 1373 of the public health
     2  law, as added by chapter 338 of the laws of 1970, are amended to read as
     3  follows:
     4    1. Whenever the commissioner or his or her representative shall desig-
     5  nate an area of high risk, he [may] or she shall give written notice and
     6  demand, served as provided [herein] by this section, for the  discontin-
     7  uance of a paint condition conducive to lead poisoning in any designated
     8  dwelling in such area within a specified period of time.
     9    3.  In  the  event  of failure to comply with a notice and demand, the
    10  commissioner or his or her representative [may] shall conduct  a  formal
    11  hearing  upon  due  notice  in accordance with the provisions of section
    12  twelve-a of this chapter and on proof of violation of  such  notice  and
    13  demand  may  order  abatement  of  a  paint  condition conducive to lead
    14  poisoning upon such terms as may be appropriate and may assess a penalty
    15  not to exceed two thousand five  hundred  dollars  for  such  violation;
    16  provided, however, that abatement shall not be ordered if the respondent
    17  proves  by  a  preponderance  of  evidence  at such hearing that a paint
    18  condition conducive to lead poisoning in the  designated  dwelling  does
    19  not exist.
    20    § 2. This act shall take effect on the one hundred twentieth day after
    21  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00009-02-7