NY State Senate Bill 2023-S9112

Senate Bill S9112

2023-2024 Legislative Session

Requires any municipality which conducts lead testing to provide certain notices to the owner and any tenants of a residence upon a positive test

download bill text pdf

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2024	referred to local government

2023-S9112 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §139-e, Gen Muni L

2023-S9112 (ACTIVE) - Summary

Requires any municipality which conducts lead testing to provide notices to the owner and any tenants of a residence upon a positive test and inform the owner and any tenants of any legal duties or potential health impacts that arise as a result of a positive test.

2023-S9112 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9112

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to requiring any
municipality which conducts lead testing to provide certain notices to
the owner and any tenants of a residence upon a positive test

 
PURPOSE:

To require lead testing agencies to notify a residential unit's owner
and any occupants of a positive lead test result

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 requires any municipality or political subdivision thereof to
provide notice of a positive lead test to the property owner and any
tenants on the property. This notice would include information on local
resources for the tenant and property owner, and would be available in
commonly spoken non-English languages as necessary

Section 2 establishes the effective date of the bill

 
JUSTIFICATION:

Lead poisoning is a scourge in many of our older cities, severely harm-
ing the health of children. The most common source of lead poisoning is
from unabated lead paint. However, far too often families who are rent-
ing homes are not notified when the homes they are living in tests posi-
tive for lead, despite the need for urgent action. The notice goes to
the owner of the building, who may not take the remediation action need-
ed and the tenant will not know to take preventative steps to prevent
further poisoning from lead.

This bill mandates that the notice and resources tenants need are
provided to them when their building tests positive for lead. This
notification would detail the legal responsibilities of property owners
post-lead detection and empower tenants with knowledge about their
rights and necessary actions. It also requires information to be
provided to them on the detrimental effects of lead on children's health
and strategies for lead abatement.

By increasing the amount of information provided to tenants, we can
empower them to take charge of children's health and ensure the neces-
sary repairs are made.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:  None

 
EFFECTIVE DATE:
Immediately

2023-S9112 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9112
 
                             I N  S E N A T E
 
                              April 26, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to requiring  any
   municipality which conducts lead testing to provide certain notices to
   the owner and any tenants of a residence upon a positive test

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 139-e to read as follows:
   §  139-E.  NOTICE  TO  OWNERS  AND TENANTS OF RESIDENCES WHERE LEAD IS
 PRESENT. 1. ANY MUNICIPALITY  OR  POLITICAL  SUBDIVISION  THEREOF  WHICH
 CONDUCTS  TESTS  FOR  THE  PRESENCE  OF LEAD SHALL PROVIDE NOTICE TO THE
 OWNER AND ANY TENANTS OF A RESIDENCE IF SUCH  RESIDENCE  TESTS  POSITIVE
 FOR LEAD.  SUCH NOTICE SHALL INCLUDE:
   (A) A DESCRIPTION OF THE LEGAL DUTIES OF THE PROPERTY OWNER AND INFOR-
 MATION REGARDING THE ENTITY RESPONSIBLE FOR ENFORCING SUCH DUTIES;
   (B) INFORMATION ON RESOURCES REGARDING THE IMPACTS OF LEAD ON CHILDREN
 AND ADULTS, INCLUDING BUT NOT LIMITED TO:
   (I)  INFORMATION  ON  THE  IMPACTS  AND RESPONSES OF LEAD POISONING IN
 CHILDREN, AS PUBLISHED BY THE DEPARTMENT OF HEALTH;
   (II) A LIST OF LOCAL HEALTH RESOURCES FOR  CHILDREN  WHO  HAVE  TESTED
 POSITIVE FOR LEAD POISONING; AND
   (III)  A  LIST  OF  LOCAL  RESOURCES  FOR  LEGAL  ASSISTANCE REGARDING
 TENANTS' RIGHTS;
   (C) INFORMATION REGARDING TENANTS' RIGHTS AND POSSIBLE NEXT STEPS; AND
   (D) IF A NON-ENGLISH LANGUAGE IS COMMONLY SPOKEN IN THE  MUNICIPALITY,
 A TRANSLATION OF SUCH NOTICE IN SUCH LANGUAGE SHALL BE PROVIDED.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TESTING CONDUCTED
 PURSUANT  TO SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF THE PUBLIC HEALTH
 LAW.
   § 2. This act shall take effect immediately; provided,  however,  that
 if  section 2 of part T of chapter 57 of the laws of 2023 shall not have
 taken effect on or before such date then subdivision 2 of section  139-e
 of  the  general municipal law as added by section one of this act shall
 take effect on the same date and in the same manner as such  chapter  of
 the laws of 2023, takes effect.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14769-02-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.