Bill Text: NY S05053 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to water contamination, lead paint and air quality testing in New York city housing authority buildings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05053 Detail]

Download: New_York-2019-S05053-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 5053--A                                            A. 7054--A
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      April 4, 2019
                                       ___________
        IN SENATE -- Introduced by Sen. SANDERS -- read twice and ordered print-
          ed,  and  when  printed  to  be committed to the Committee on Housing,
          Construction and Community Development -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        IN ASSEMBLY -- Introduced by M. of A. FRONTUS -- Multi-Sponsored  by  --
          M. of A. EPSTEIN, RICHARDSON, WALKER, WRIGHT -- read once and referred
          to  the  Committee  on  Housing -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the public housing law, in  relation  to  water  contam-
          ination,  lead  paint and air quality testing in New York city housing
          authority buildings
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public  housing  law  is  amended  by adding two new
     2  sections 402-e and 402-f to read as follows:
     3    § 402-e. Water contamination, lead paint and air quality  testing.  1.
     4  The New York city housing authority shall provide for annual water test-
     5  ing  to  monitor  for  lead or copper contamination in the water of each
     6  building under the jurisdiction of the authority.  The  authority  shall
     7  transmit  a  copy  of  such  results  to the commissioner of health. For
     8  purposes of this section, tap water shall be considered contaminated  if
     9  such  water  exceeds the lead or copper action level based on first-draw
    10  tap samples as provided in rules and regulations of  the  department  of
    11  health  authorized  under  section  two hundred one of the public health
    12  law.
    13    2. The authority, in conjunction  with  the  commissioner  of  health,
    14  shall  conduct  lead  paint  testing to monitor for the presence of lead
    15  paint in each building under the  jurisdiction  of  the  authority.  The
    16  authority  shall  provide notice to all tenants where such testing indi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10903-02-9
        S. 5053--A                          2                         A. 7054--A
     1  cates the presence of lead paint in a building under the jurisdiction of
     2  the authority.
     3    3. The authority, in conjunction with the commissioner of health shall
     4  be  required to conduct annual indoor air quality testing to monitor for
     5  air quality in each building under the jurisdiction  of  the  authority.
     6  The  authority shall transmit a copy of such results to the commissioner
     7  of health. The authority shall provide notice to all tenants where  such
     8  air  quality  test results exceed department of health indoor air guide-
     9  lines or the occupational safety and health administration.
    10    4. The authority shall be civilly liable for  actual  damages  of  any
    11  tenant, if it is determined that such tenant has suffered adverse health
    12  conditions  caused  by  the  indoor  air quality, lead paint presence or
    13  water contamination of a building under the jurisdiction of the authori-
    14  ty.
    15    § 402-f. Falsifying authority records notification. 1.  The  New  York
    16  city  housing  authority shall provide information to all employees that
    17  any employee of the authority who falsifies records, including, but  not
    18  limited  to:  (a) providing inaccurate water contamination results, lead
    19  paint test results or indoor air quality  reports;  (b)  falsifying  any
    20  signature; or (c) making a false entry in or falsely altering any record
    21  or  other written instrument filed with the authority shall be guilty of
    22  tampering with public records in the second degree pursuant  to  section
    23  175.20 of the penal law.
    24    2.  The  authority  shall  refer  any  case  of an employee falsifying
    25  records to local law enforcement.
    26    § 2. This act shall take effect immediately.