S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5457--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2017
                                ___________
 
 Introduced by Sens. PARKER, HAMILTON, HOYLMAN, SERRANO -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- recommitted to the Committee on Health  in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the public health law, the real property  law,  the  tax
   law,  the  state  finance  law, the social services law, the insurance
   law, the multiple dwelling law and  the  multiple  residence  law,  in
   relation to enacting the "childhood lead poisoning prevention and safe
   housing  act  of 2018"; and to repeal certain provisions of the public
   health law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "childhood
 lead poisoning prevention and safe housing act of 2018".
   § 2. Legislative findings and purposes.   1.  (a)  Lead  poisoning  of
 children  persists as one of the most prevalent and preventable environ-
 mental diseases in New York.  At least 10,000 children were newly  iden-
 tified with levels of lead in their blood at 10 micrograms per deciliter
 (ug/dl)  in  New  York  state in 2001. Moreover, only about one-third of
 children are receiving the lead screenings that are required by law  and
 therefore,  the  actual  number of children affected by the ingestion of
 lead is undoubtedly significantly greater than reported.  Prevention  is
 the  only  effective  way  to protect children from irreversible damage.
 Unless lead poisoning is prevented,  elevated  blood  lead  levels  will
 result in impairment of the ability to think, concentrate, and learn.
   (b)  Medical  research  indicates  that children can suffer permanent,
 irreparable damage at blood levels even lower than 10  ug/dl,  and  that
 there  is  no  level  of lead ingestion which is without adverse impact.
 Medical research also indicates that fetal injuries from lead paint  can
 occur  if women have elevated blood levels during pregnancy.  Because of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08197-02-8

 S. 5457--A                          2
 
 this, intervention measures that wait until children have  been  exposed
 have  limited  benefits,  and  the  pursuit of primary prevention, which
 means eliminating lead hazards before children  are  exposed,  has  been
 recommended  by  the  United  States  centers  for  disease  control and
 prevention and promoted by leading experts in the field  as  a  critical
 course of action to protect the health of young children.
   (c)  The predominant cause of lead poisoning in children is the inges-
 tion of lead particles from deteriorating or  abraded  lead-based  paint
 from older and poorly maintained residences.
   (d) Deteriorating lead-based paint or excessive amounts of lead-conta-
 minated dust in these poorly maintained homes endangers the intellectual
 and  emotional development and physical well being of affected children.
 In addition, unsafe work practices that inadequately control  lead  dust
 in  the  repair  or renovation of older homes can cause substantial lead
 hazards.
   (e) Although New York state banned the sale of  lead  paint  in  1970,
 (l.1970,  ch.  338) seventy-four percent of New York's housing stock was
 constructed prior to 1970. At least ninety percent of  lead-based  paint
 still  remaining  in occupied housing exists in units built before 1960.
 New York state has both the largest percentage and the largest  absolute
 number of older housing units with lead paint in the nation.
   (f)  The  dangers  posed  by  lead-based  paint  can  be substantially
 reduced, although not eliminated, by taking measures  to  prevent  paint
 deterioration  and  limiting children's exposure to paint chips and lead
 dust.
   (g) The deterioration of lead-based paint in older residences  results
 in increased expenses each year for the state of New York in the form of
 special  education  and other education expenses, medical care for lead-
 poisoned children, and expenditures  for  delinquent  youth  and  others
 needing special supervision.
   (h) Older housing units remain an important part of New York's housing
 stock,  particularly for those of modest or limited incomes. The problem
 of lead-based paint in housing affects urban, suburban and  rural  areas
 of the state.
   (i)  The existing housing codes and enforcement systems in most juris-
 dictions do not include primary prevention measures for lead hazards and
 have proven  ineffective  in  encouraging  widespread  lead-based  paint
 hazard abatement, mitigation, and control.
   (j) The financial incentives currently in place have not proven suffi-
 cient to motivate landlords and other property owners to undertake wide-
 spread  and effective lead-based paint hazard abatement, mitigation, and
 control; moreover low and moderate income property owners may  not  have
 access  to  the  resources  to  eliminate  or  reduce substantially lead
 hazards.
   (k) Insurance companies are reluctant to provide coverage to  property
 owners  in the absence of evidence that lead hazards have been appropri-
 ately addressed.
   (l) Knowledge of lead-based paint hazards, their control,  mitigation,
 abatement, and risk avoidance is not sufficiently widespread, especially
 outside urban areas.
   2. The purposes of this act are: (a) to increase the supply of afford-
 able rental housing in the state of New York in which measures have been
 taken  to  eliminate  or substantially reduce the risk of childhood lead
 poisoning;
   (b) to ensure that New York's response  to  lead-based  paint  hazards
 focuses  on primary prevention as the essential tool to combat childhood

 S. 5457--A                          3
 
 lead poisoning, and thus to substantially reduce, and eventually  elimi-
 nate,  the  incidence  of  childhood  lead poisoning in the state of New
 York;
   (c) to establish and make enforcement of lead hazard control standards
 in the state of New York more certain and more effective;
   (d)  to  improve public awareness of lead safety issues and to educate
 both property owners and tenants about practices  that  can  reduce  the
 incidence of lead poisoning;
   (e)  to  provide access to the resources for property owners and land-
 lords who commit to undertake specified lead hazard reduction  measures;
 and
   (f)  to  facilitate  the  availability  and affordability of liability
 insurance protection to those landlords and other owners  who  undertake
 specified lead hazard reduction measures.
   §  3.  Section  1370  of  the  public health law is REPEALED and a new
 section 1370 is added to read as follows:
   § 1370. DEFINITIONS.    1.  "ABATEMENT"  MEANS  ANY  SET  OF  MEASURES
 DESIGNED  TO  PERMANENTLY ELIMINATE LEAD-BASED PAINT OR LEAD-BASED PAINT
 HAZARDS. ABATEMENT INCLUDES THE REMOVAL OF LEAD-BASED PAINT, THE  PERMA-
 NENT  ENCLOSURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF
 COMPONENTS OR FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR
 PERMANENT COVERING OF SOIL-BASED HAZARDS.
   2. "AFFECTED PROPERTY" MEANS A ROOM OR GROUP OF ROOMS WITHIN A PROPER-
 TY CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY THAT FORM A SINGLE  INDE-
 PENDENT  HABITABLE  DWELLING UNIT FOR OCCUPATION BY ONE OR MORE INDIVID-
 UALS THAT HAS LIVING FACILITIES WITH PERMANENT  PROVISIONS  FOR  LIVING,
 SLEEPING,  EATING, COOKING, AND SANITATION. "AFFECTED PROPERTY" DOES NOT
 INCLUDE:
   (A) AN AREA NOT USED FOR LIVING, SLEEPING, EATING, COOKING, OR SANITA-
 TION, SUCH AS AN UNFINISHED BASEMENT, THAT IS NOT READILY ACCESSIBLE  TO
 CHILDREN UNDER SEVEN YEARS OF AGE;
   (B)  A  UNIT  WITHIN  A HOTEL, MOTEL, OR SIMILAR SEASONAL OR TRANSIENT
 FACILITY UNLESS SUCH UNIT IS OCCUPIED BY ONE OR MORE PERSONS AT RISK FOR
 A PERIOD EXCEEDING THIRTY DAYS;
   (C) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
   (D) A UNIT WHICH IS NOT OFFERED FOR RENT OR INCIDENT TO EMPLOYMENT;
   (E) HOUSING FOR THE ELDERLY,  OR  A  RESIDENTIAL  PROPERTY  DESIGNATED
 EXCLUSIVELY  FOR  PERSONS WITH DISABILITIES; EXCEPT THIS EXEMPTION SHALL
 NOT APPLY IF A PERSON AT RISK RESIDES OR IS EXPECTED TO  RESIDE  IN  THE
 DWELLING UNIT OR VISITS THE DWELLING UNIT ON A REGULAR BASIS;
   (F)  AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO BE
 DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL  REMAIN  UNOCCU-
 PIED UNTIL DEMOLITION; OR
   (G)  IN  CITIES OF MORE THAN ONE MILLION POPULATION, A MULTIPLE DWELL-
 ING, AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   "AFFECTED PROPERTY" ALSO EXCLUDES ANY PROPERTY OWNED OR OPERATED BY  A
 UNIT  OF FEDERAL, STATE, OR LOCAL GOVERNMENT, OR ANY PUBLIC, QUASI-PUBL-
 IC, OR MUNICIPAL CORPORATION, IF THE PROPERTY IS SUBJECT TO LEAD  STAND-
 ARDS  THAT  ARE  EQUAL  TO, OR MORE STRINGENT THAN, THE REQUIREMENTS FOR
 LEAD-STABILIZED STATUS  UNDER  SUBDIVISION  THREE  OF  SECTION  THIRTEEN
 HUNDRED  SEVENTY-SIX  OF  THIS  TITLE,  BUT DOES INCLUDE PRIVATELY-OWNED
 PROPERTIES THAT RECEIVE GOVERNMENTAL RENTAL ASSISTANCE.
   3.   "AREA OF HIGH RISK" MEANS AN  AREA  DESIGNATED  AS  SUCH  BY  THE
 COMMISSIONER  OR HIS OR HER REPRESENTATIVE AND CONSISTING OF ONE OR MORE
 DWELLINGS IN WHICH A CONDITION CONDUCIVE TO LEAD POISONING  OF  CHILDREN
 IS  PRESENT OR, ADDITIONALLY, ANY CENSUS TRACT OR BLOCK GROUP WITHIN THE

 S. 5457--A                          4
 
 STATE WHERE, DURING ANY SINGLE YEAR, MORE THAN TWENTY-FIVE CHILDREN HAVE
 BEEN IDENTIFIED WITH ELEVATED BLOOD LEAD LEVELS.
   4. "CHANGE IN OCCUPANCY" MEANS A CHANGE OF TENANT IN AN AFFECTED PROP-
 ERTY  IN  WHICH THE PROPERTY IS VACATED AND POSSESSION IS EITHER SURREN-
 DERED TO THE OWNER OR ABANDONED.
   5.  "CHEWABLE SURFACE" SHALL MEAN A PROTRUDING INTERIOR WINDOWSILL  IN
 A  DWELLING UNIT IN AN AFFECTED PROPERTY THAT IS READILY ACCESSIBLE TO A
 CHILD UNDER AGE SEVEN. "CHEWABLE SURFACE" SHALL ALSO MEAN ANY OTHER TYPE
 OF INTERIOR EDGE OR PROTRUSION IN A DWELLING UNIT IN AN AFFECTED PROPER-
 TY, SUCH AS A RAIL OR STAIR, WHERE THERE IS  EVIDENCE  THAT  SUCH  OTHER
 EDGE OR PROTRUSION HAS BEEN CHEWED OR WHERE AN OCCUPANT HAS NOTIFIED THE
 OWNER  THAT  A  CHILD UNDER AGE SEVEN RESIDING IN THAT AFFECTED PROPERTY
 HAS MOUTHED OR CHEWED SUCH EDGE OR PROTRUSION.
   6. "COMMUNITIES OF CONCERN" MEANS THOSE THIRTY MUNICIPALITIES  IN  THE
 STATE  THAT  HAVE  THE  GREATEST  NUMBERS  OF  CHILDREN  IDENTIFIED WITH
 ELEVATED BLOOD LEAD LEVELS IN THE PRIOR CALENDAR YEAR WITHIN THE MEANING
 OF SUBDIVISION FOURTEEN OF THIS SECTION.
   7. "CONDITION CONDUCIVE TO LEAD POISONING"  MEANS:  (A)  A  LEAD-BASED
 PAINT HAZARD; AND/OR (B) OTHER ENVIRONMENTAL CONDITIONS WHICH MAY RESULT
 IN SIGNIFICANT LEAD EXPOSURE, INCLUDING SOIL-LEAD HAZARDS.
   8. "CONTAINMENT" MEANS THE PHYSICAL MEASURES TAKEN TO ENSURE THAT DUST
 AND  DEBRIS CREATED OR RELEASED DURING LEAD-BASED PAINT HAZARD REDUCTION
 ARE NOT SPREAD, BLOWN, OR TRACKED FROM INSIDE TO OUTSIDE  OF  THE  WORK-
 SITE.
   9.  "COUNCIL"  MEANS THE ADVISORY COUNCIL ON LEAD POISONING PREVENTION
 ESTABLISHED PURSUANT TO  SECTION  THIRTEEN  HUNDRED  SEVENTY-B  OF  THIS
 TITLE.
   10.    "DETERIORATED  PAINT"  MEANS  ANY INTERIOR OR EXTERIOR PAINT OR
 OTHER COATING THAT IS CURLING, SCALING,  FLAKING,  BLISTERING,  PEELING,
 CHIPPING,  CHALKING, CRACKING, OR LOOSE IN ANY MANNER, SUCH THAT A SPACE
 OR POCKET OF AIR IS BEHIND A PORTION THEREOF OR SUCH THAT THE  PAINT  IS
 NOT  COMPLETELY  ADHERED  TO  THE UNDERLYING SUBSURFACE, OR IS OTHERWISE
 DAMAGED OR SEPARATED FROM THE SUBSTRATE.
   11. "DETERIORATED SUBSURFACE" SHALL MEAN AN UNSTABLE OR UNSOUND PAINT-
 ED SUBSURFACE, AN INDICATION OF WHICH CAN BE OBSERVED THROUGH  A  VISUAL
 INSPECTION,  INCLUDING,  BUT  NOT LIMITED TO, ROTTED OR DECAYED WOOD, OR
 WOOD OR PLASTER THAT HAS BEEN SUBJECT TO MOISTURE OR DISTURBANCE.
   12. "DWELLING" MEANS A  BUILDING  OR  STRUCTURE  OR  PORTION  THEREOF,
 INCLUDING  THE  PROPERTY  OCCUPIED  BY AND APPURTENANT TO SUCH DWELLING,
 WHICH IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING
 PLACE OF ONE OR MORE HUMAN BEINGS AND SHALL, WITHOUT LIMITING THE  FORE-
 GOING,  INCLUDE  CHILD CARE FACILITIES FOR CHILDREN UNDER SEVEN YEARS OF
 AGE, KINDERGARTENS AND NURSERY SCHOOLS.
   13. "DWELLING UNIT" MEANS A:
   (A) SINGLE-FAMILY DWELLING,  INCLUDING  ATTACHED  STRUCTURES  SUCH  AS
 PORCHES AND STOOPS; OR
   (B)  HOUSING  UNIT IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE
 HOUSING UNIT, AND IN WHICH EACH  SUCH  UNIT  IS  USED  OR  OCCUPIED,  OR
 INTENDED  TO  BE  USED  OR OCCUPIED, IN WHOLE OR IN PART, AS THE HOME OR
 SEPARATE LIVING QUARTERS OF ONE OR MORE PERSONS.
   14. "ELEVATED BLOOD LEAD LEVEL" MEANS A  QUANTITY  OF  LEAD  IN  WHOLE
 VENOUS BLOOD, EXPRESSED IN MICROGRAMS PER DECILITER (UG/DL), OF 10 UG/DL
 OR  GREATER,  OR  SUCH OTHER MORE STRINGENT LEVEL AS MAY BE SPECIFICALLY
 PROVIDED IN THIS TITLE OR ADOPTED IN REGULATION BY THE DEPARTMENT PURSU-
 ANT TO RULE OR REGULATION.

 S. 5457--A                          5
 
   15. "ENCAPSULATION" MEANS THE APPLICATION OF  A  COVERING  OR  COATING
 THAT  ACTS AS A BARRIER BETWEEN THE LEAD-BASED PAINT AND THE ENVIRONMENT
 AND THAT RELIES FOR ITS DURABILITY ON ADHESION BETWEEN  THE  ENCAPSULANT
 AND  THE  PAINTED  SURFACE,  AND  ON THE INTEGRITY OF THE EXISTING BONDS
 BETWEEN PAINT LAYERS AND BETWEEN THE PAINT AND THE SUBSTRATE. ENCAPSULA-
 TION  MAY  BE  USED  AS  A  METHOD  OF  ABATEMENT  IF IT IS DESIGNED AND
 PERFORMED SO AS TO BE PERMANENT.
   16. "EXTERIOR SURFACES" MEANS:
   (A) ALL FENCES AND PORCHES THAT ARE PART OF  A  DWELLING  THAT  IS  OR
 CONTAINS AN AFFECTED PROPERTY;
   (B) ALL OUTSIDE SURFACES OF A DWELLING THAT IS OR CONTAINS AN AFFECTED
 PROPERTY THAT ARE ACCESSIBLE TO A CHILD UNDER THE AGE OF SEVEN AND THAT:
   (1) ARE ATTACHED TO THE OUTSIDE OF SUCH DWELLING; OR
   (2)  CONSIST OF OTHER BUILDINGS THAT ARE APPURTENANT TO SUCH DWELLING,
 SUCH AS A GARAGE OR SHED; AND
   (C) ALL PAINTED  SURFACES  IN  STAIRWAYS,  HALLWAYS,  ENTRANCE  AREAS,
 RECREATION AREAS, LAUNDRY AREAS, AND GARAGES WITHIN A MULTIFAMILY DWELL-
 ING  THAT  ARE COMMON TO INDIVIDUAL DWELLING UNITS, ONE OR MORE OF WHICH
 CONSTITUTES AN AFFECTED PROPERTY, AND ARE ACCESSIBLE TO  A  CHILD  UNDER
 THE AGE OF SEVEN.
   17.   "FRICTION SURFACE" MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE
 THAT TOUCHES OR IS IN CONTACT WITH ANOTHER SURFACE, SUCH  THAT  THE  TWO
 SURFACES ARE CAPABLE OF RELATIVE MOTION AND ABRADE, SCRAPE, OR BIND WHEN
 IN  RELATIVE MOTION. FRICTION SURFACES SHALL INCLUDE, BUT NOT BE LIMITED
 TO, WINDOW FRAMES AND JAMBS, DOORS, AND HINGES.
   18. "G" MEANS GRAM, "MG" MEANS MILLIGRAM (THOUSANDTH OF A  GRAM),  AND
 "UG" MEANS MICROGRAM (MILLIONTH OF A GRAM).
   19.  "HAZARD REDUCTION" MEANS MEASURES DESIGNED TO REDUCE OR ELIMINATE
 HUMAN EXPOSURE TO LEAD-BASED HAZARDS.
   20. "HEALTH CARE PROVIDER" MEANS ANY HEALTH CARE PRACTITIONER  AUTHOR-
 IZED  TO  ORDER  A BLOOD LEAD TEST AND ANY FACILITY LICENSED PURSUANT TO
 ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   21. "HIGH EFFICIENCY PARTICLE AIR VACUUM"  OR  "HEPA-VACUUM"  MEANS  A
 DEVICE CAPABLE OF FILTERING OUT PARTICLES OF 0.3 MICRONS OR GREATER FROM
 A  BODY  OF  AIR  AT  AN  EFFICIENCY OF 99.97% OR GREATER; "HEPA-VACUUM"
 INCLUDES USE OF A HEPA-VACUUM.
   22.  "IMPACT SURFACE" MEANS AN INTERIOR OR  EXTERIOR  PAINTED  SURFACE
 THAT  SHOWS  EVIDENCE, SUCH AS MARKING, DENTING, OR CHIPPING, THAT IT IS
 SUBJECT TO DAMAGE BY REPEATED SUDDEN FORCE, SUCH  AS  CERTAIN  PARTS  OF
 DOOR FRAMES, MOLDINGS, OR BASEBOARDS.
   23. "INSPECTION" MEANS A COMPREHENSIVE SURVEY BY A PROPERLY ACCREDITED
 PERSON  TO  DETERMINE  THE  PRESENCE  OF LEAD-BASED PAINT AND LEAD-BASED
 PAINT HAZARDS AND THE PROVISION OF A REPORT EXPLAINING  THE  RESULTS  OF
 THE INSPECTION.
   24.  "INTERIOR  WINDOWSILL"  MEANS  A PORTION OF THE HORIZONTAL WINDOW
 LEDGE THAT IS PROTRUDING INTO THE INTERIOR OF A ROOM.
   25. "INVESTIGATION" MEANS AN EXAMINATION CONDUCTED BY THE OWNER OF  AN
 AFFECTED PROPERTY, THE OWNER'S AGENT OR EMPLOYEE, OR SOMEONE RETAINED BY
 THE OWNER, IN ACCORDANCE WITH THE REQUIREMENTS ESTABLISHED BY THE DEPUTY
 COMMISSIONER, TO DETERMINE WHETHER THE AFFECTED PROPERTY MEETS THE STAN-
 DARDS  OF  LEAD-STABILIZED  STATUS  AS  DEFINED  IN SUBDIVISION THREE OF
 SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
   26. "LEAD-BASED PAINT" MEANS PAINT OR OTHER  SIMILAR  SURFACE  COATING
 MATERIAL  CONTAINING  1.0  MILLIGRAMS  OF  LEAD PER SQUARE CENTIMETER OR
 GREATER, AS DETERMINED BY LABORATORY ANALYSIS, OR BY AN  X-RAY  FLUORES-
 CENCE  ANALYZER.  IF  AN  X-RAY  FLUORESCENCE ANALYZER IS USED, READINGS

 S. 5457--A                          6
 
 SHALL BE CORRECTED FOR SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE
 PERFORMANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN  DEVELOPMENT  FOR  THE  SPECIFIC X-RAY FLUORESCENCE ANALYZER USED.
 X-RAY FLUORESCENCE READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE OR
 INCONCLUSIVE IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF  HOUSING
 AND URBAN DEVELOPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF LEAD-
 BASED  PAINT  HAZARDS  IN  HOUSING  (JUNE  1995,  REVISED  1997) AND THE
 PERFORMANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT FOR THE SPECIFIC  X-RAY  FLUORESCENCE  ANALYZER  USED.
 X-RAY  FLUORESCENCE  READINGS THAT FALL WITHIN THE INCONCLUSIVE ZONE, AS
 DETERMINED BY THE PERFORMANCE CHARACTERISTIC SHEETS, SHALL BE  CONFIRMED
 BY  LABORATORY  ANALYSIS  OF  PAINT  CHIPS, RESULTS SHALL BE REPORTED IN
 MILLIGRAMS OF LEAD PER SQUARE CENTIMETER AND THE MEASURE OF SUCH LABORA-
 TORY ANALYSIS SHALL BE DEFINITIVE. IF LABORATORY  ANALYSIS  IS  USED  TO
 DETERMINE  LEAD CONTENT, RESULTS SHALL BE REPORTED IN MILLIGRAMS OF LEAD
 PER SQUARE CENTIMETER. WHERE THE SURFACE AREA OF  A  PAINT  CHIP  SAMPLE
 CANNOT  BE  ACCURATELY  MEASURED OR IF AN ACCURATELY MEASURED PAINT CHIP
 SAMPLE CANNOT BE REMOVED, A  LABORATORY  ANALYSIS  MAY  BE  REPORTED  IN
 PERCENT  BY  WEIGHT. IN SUCH CASE, LEAD-BASED PAINT SHALL MEAN ANY PAINT
 OR OTHER SIMILAR SURFACE-COATING MATERIAL CONTAINING MORE THAN  0.5%  OF
 METALLIC  LEAD,  BASED ON THE NON-VOLATILE CONTENT OF THE PAINT OR OTHER
 SIMILAR SURFACE-COATING MATERIAL.
   27. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
 A DWELLING OR DWELLING UNIT OCCUPIED BY A PERSON  AT  RISK  THAT  CAUSES
 EXPOSURE TO LEAD FROM LEAD-CONTAMINATED DUST, FROM LEAD-BASED PAINT THAT
 IS  DETERIORATED,  OR  FROM LEAD-BASED PAINT THAT IS PRESENT ON CHEWABLE
 SURFACES,  DETERIORATED  SUBSURFACES,  FRICTION  SURFACES,   OR   IMPACT
 SURFACES, OR IN SOIL, THAT WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS.
   28.  "LEAD-CONTAINED"  MEANS PROPERTY THAT HAS ATTAINED LEAD-CONTAINED
 PROPERTY STATUS WITHIN THE MEANING OF SUBDIVISION SIX OF  SECTION  THIR-
 TEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
   29.  "LEAD-CONTAMINATED  DUST" MEANS SURFACE DUST THAT CONTAINS A MASS
 PER AREA CONCENTRATION OF LEAD EQUAL TO OR EXCEEDING 40  MICROGRAMS  PER
 SQUARE  FOOT ("UG/FT2") ON FLOORS, OR 250 UG/FT2 ON INTERIOR WINDOWSILLS
 BASED ON WIPE SAMPLE, OR 400 UG/FT2 ON WINDOW WELLS, OR SUCH MORE STRIN-
 GENT STANDARDS AS MAY BE ADOPTED BY THE DEPARTMENT.
   30. "LEAD-FREE" MEANS PROPERTY THAT HAS  ATTAINED  LEAD-FREE  PROPERTY
 STATUS  WITHIN  THE  MEANING  OF  SUBDIVISION  FIVE  OF SECTION THIRTEEN
 HUNDRED SEVENTY-SIX OF THIS TITLE.
   31. "LEAD-STABILIZED" MEANS PROPERTY THAT HAS ATTAINED LEAD-STABILIZED
 PROPERTY STATUS WITHIN THE MEANING OF SUBDIVISION FOUR OF SECTION  THIR-
 TEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
   32.  "LOCAL  DESIGNEE"  MEANS  A  MUNICIPAL, COUNTY, OR OTHER OFFICIAL
 DESIGNATED BY THE DEPUTY COMMISSIONER OF PUBLIC  HEALTH  AS  RESPONSIBLE
 FOR  ASSISTING  THE  DESIGNATING AUTHORITY, RELEVANT STATE AGENCIES, AND
 RELEVANT COUNTY AND MUNICIPAL AUTHORITIES, IN  IMPLEMENTING  THE  ACTIV-
 ITIES SPECIFIED BY THIS ARTICLE FOR THE LOCALITIES.
   33.  "OCCUPANT" MEANS ANY INDIVIDUAL LIVING OR SLEEPING IN A BUILDING,
 OR HAVING POSSESSION OF A SPACE WITHIN A BUILDING.
   34. "OWNER" MEANS A PERSON, FIRM, CORPORATION, NONPROFIT ORGANIZATION,
 PARTNERSHIP, GOVERNMENT, GUARDIAN, CONSERVATOR, RECEIVER, TRUSTEE, EXEC-
 UTOR, OR OTHER JUDICIAL OFFICER, OR OTHER ENTITY WHICH,  ALONE  OR  WITH
 OTHERS, OWNS, HOLDS, OR CONTROLS THE FREEHOLD OR LEASEHOLD TITLE OR PART
 OF  THE  TITLE TO PROPERTY, WITH OR WITHOUT ACTUALLY POSSESSING IT. SUCH

 S. 5457--A                          7
 
 TERM INCLUDES A VENDEE WHO POSSESSES THE TITLE, BUT DOES NOT  INCLUDE  A
 MORTGAGEE  OR  AN  OWNER  OF A REVERSIONARY INTEREST UNDER A GROUND RENT
 LEASE.  "OWNER" INCLUDES ANY AUTHORIZED AGENT OF THE OWNER, INCLUDING  A
 PROPERTY MANAGER OR LEASING AGENT.
   35.  "PERMANENT"  MEANS  AN  EXPECTED  DESIGN  LIFE OF AT LEAST TWENTY
 YEARS.
   36. "PERSON" MEANS ANY NATURAL PERSON.
   37. "PERSON AT RISK" MEANS A CHILD UNDER THE AGE OF SEVEN YEARS  OR  A
 PREGNANT WOMAN WHO RESIDES IN AN AFFECTED PROPERTY.
   38.  "PROGRAM"  MEANS  THE  LEAD  POISONING  PREVENTION PROGRAM IN THE
 DEPARTMENT ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-A OF
 THIS TITLE.
   39. "RELOCATION EXPENSES" MEANS ALL EXPENSES NECESSITATED BY THE RELO-
 CATION OF A TENANT'S HOUSEHOLD TO HOUSING FREE OF LEAD HAZARDS,  INCLUD-
 ING, BUT NOT LIMITED TO, MOVING AND HAULING EXPENSES, THE HEPA-VACUUMING
 OF  ALL UPHOLSTERED FURNITURE, LAUNDERING OF CLOTHES AND LINENS, PAYMENT
 OF A SECURITY DEPOSIT FOR THE RELOCATION HOUSING, AND  INSTALLATION  AND
 CONNECTION OF UTILITIES AND APPLIANCES.
   40.  "SOIL-LEAD  HAZARD" MEANS SOIL IN A PLAY AREA WHERE THE SOIL-LEAD
 CONCENTRATION FROM A COMPOSITE PLAY AREA SAMPLE OF BARE SOIL IS EQUAL TO
 OR GREATER THAN 400 PARTS PER MILLION; OR IN THE REST OF THE  YARD  WHEN
 THE  ARITHMETIC  MEAN  LEAD  CONCENTRATION  FROM  A COMPOSITE SAMPLE (OR
 ARITHMETIC MEAN OF COMPOSITE SAMPLES) OF BARE SOIL FROM THE REST OF  THE
 YARD  (I.E., NON-PLAY AREAS) IS EQUAL TO OR GREATER THAN 1,200 PARTS PER
 MILLION.
   41. "TENANT" MEANS THE INDIVIDUAL NAMED AS  THE  LESSEE  IN  A  LEASE,
 RENTAL  AGREEMENT  OR OTHER FORM OF OCCUPANCY AGREEMENT, WHETHER WRITTEN
 OR ORAL, FOR A DWELLING UNIT, AND INCLUDES TENANCIES INCIDENT TO EMPLOY-
 MENT.  WHERE APPLICABLE, THE TERM "TENANT" SHALL ALSO INCLUDE ANY  OCCU-
 PANT OF THE TENANT'S HOUSEHOLD.
   42. "WIPE SAMPLE" MEANS A SAMPLE COLLECTED BY AN APPROPRIATELY ACCRED-
 ITED PERSON WIPING A REPRESENTATIVE SURFACE OF KNOWN AREA, AS DETERMINED
 BY  AMERICAN SOCIETY FOR TESTING MATERIALS (ASTM) E1728 ("STANDARD PRAC-
 TICE FOR THE FIELD COLLECTION OF SETTLED DUST SAMPLES USING WIPE  SAMPL-
 ING  METHODS FOR LEAD DETERMINATION BY ATOMIC SPECTROMETRY TECHNIQUES"),
 WITH LEAD DETERMINATION CONDUCTED BY AN  ACCREDITED  LABORATORY  PARTIC-
 IPATING  IN  THE  ENVIRONMENTAL  LEAD  LABORATORY  ACCREDITATION PROGRAM
 (NLAP).
   § 4. Subdivision 2 of section 1370-a of  the  public  health  law,  as
 added  by  chapter  485  of  the laws of 1992, paragraphs (a) and (c) as
 amended by section 4 of part A of chapter 58 of the  laws  of  2009,  is
 amended  and  three  new  subdivisions  4,  5 and 6 are added to read as
 follows:
   2. The department shall:
   (a) IDENTIFY AND DESIGNATE AS COMMUNITIES OF CONCERN THE THIRTY  MUNI-
 CIPALITIES  IN THE STATE HAVING THE GREATEST NUMBERS OF CHILDREN IDENTI-
 FIED WITH ELEVATED BLOOD LEAD LEVELS, AND,  IN  COOPERATION  WITH  LOCAL
 HEALTH  OFFICIALS  AND  MUNICIPAL  OFFICIALS,  DEVELOP  A  LOCAL PRIMARY
 PREVENTION PLAN FOR EACH COMMUNITY OF CONCERN  TO  PREVENT  EXPOSURE  TO
 LEAD  CONSISTENT  WITH  THIS  TITLE.   THE COMMISSIONER IS AUTHORIZED TO
 ENTER INTO AND SHALL ENTER INTO AGREEMENTS OR MEMORANDA OF UNDERSTANDING
 WITH, AND PROVIDE TECHNICAL  AND  OTHER  RESOURCES  TO,  COMMUNITIES  OF
 CONCERN  AND  SHALL  ENSURE  THAT  THE  PRIMARY  PREVENTION PLAN TARGETS
 PERSONS AT RISK LIVING IN THE  HIGHEST  RISK  AFFECTED  HOUSING  IN  THE
 COMMUNITY.   MUNICIPALITIES IDENTIFIED BY THE COMMISSIONER SHALL COOPER-

 S. 5457--A                          8
 
 ATE FULLY WITH THE DEPARTMENT IN THE FORMULATION AND  IMPLEMENTATION  OF
 THE PRIMARY PREVENTION PLAN FOR THE DESIGNATED COMMUNITY OF CONCERN;
    (B)  IDENTIFY AND DESIGNATE AS AREAS OF HIGH RISK ANY CENSUS TRACT OR
 BLOCK GROUP IN THE STATE IN WHICH DURING  ANY  SINGLE  YEAR,  MORE  THAN
 TWENTY-FIVE  CHILDREN  HAVE  BEEN  IDENTIFIED  WITH  ELEVATED BLOOD LEAD
 LEVELS. IN SUCH AREAS OF HIGH RISK, THE DEPARTMENT SHALL FURTHER REQUIRE
 THAT THE COUNTY COMMISSIONER OF HEALTH, IN COOPERATION WITH  APPROPRIATE
 LOCAL  MUNICIPAL  OFFICIALS,  PRIORITIZE AND IMPLEMENT THE INSPECTION OF
 AFFECTED PROPERTIES WITH PERSONS AT RISK, AND REQUIRE THE  ABATEMENT  OF
 LEAD-BASED  PAINT HAZARDS, OR THE STABILIZATION OF ALL CONDITIONS CONDU-
 CIVE TO LEAD POISONING IN THESE INSPECTED UNITS  USING  LEAD  SAFE  WORK
 PRACTICES,  IN  ACCORDANCE  WITH  THE DEFINITIONS AND PROVISIONS OF THIS
 TITLE;
   (C) promulgate and enforce regulations  [for  screening  children  and
 pregnant  women, including requirements for blood lead testing, for lead
 poisoning, and for follow up of children and  pregnant  women  who  have
 elevated  blood  lead  levels]  NECESSARY  FOR THE IMPLEMENTATION OF ALL
 PORTIONS OF THIS TITLE, EXCEPT  WHERE  RESPONSIBILITY  FOR  IMPLEMENTING
 SPECIFIC  PORTIONS OF THIS TITLE IS SPECIFICALLY ASSIGNED TO THE COMMIS-
 SIONER OF HOUSING AND COMMUNITY RENEWAL OR TO THE COMMISSIONER OF  TAXA-
 TION AND FINANCE;
   [(b)] (D) enter into interagency agreements to coordinate lead poison-
 ing  prevention, exposure reduction, identification and treatment activ-
 ities and lead reduction activities with other federal, state and  local
 agencies and programs;
   [(c)]  (E)  establish  a statewide registry of lead levels of children
 provided such information is maintained as confidential except  for  (i)
 disclosure  for medical treatment purposes; (ii) disclosure of non-iden-
 tifying epidemiological data; and (iii) disclosure of  information  from
 such  registry  to  the statewide immunization information system estab-
 lished by section twenty-one hundred sixty-eight of this chapter; and
   [(d)]  (F)  develop  and  implement  public  education  and  community
 outreach programs on lead exposure, detection and risk reduction.
   4.  THE  COMMISSIONER  OR  THE  COMMISSIONER'S  DESIGNEE SHALL DEVELOP
 CULTURALLY AND LINGUISTICALLY APPROPRIATE INFORMATION PAMPHLETS  REGARD-
 ING  CHILDHOOD  LEAD  POISONING,  THE IMPORTANCE OF TESTING FOR ELEVATED
 BLOOD LEAD LEVELS, PREVENTION OF CHILDHOOD LEAD POISONING, TREATMENT  OF
 CHILDHOOD  LEAD POISONING, AND TENANTS' AND OWNERS' RIGHTS AND RESPONSI-
 BILITIES UNDER  THIS  TITLE.    THESE  INFORMATION  PAMPHLETS  SHALL  BE
 DISTRIBUTED AS FOLLOWS:
   (A)  BY  THE  OWNER  OF  ANY AFFECTED PROPERTY OR HIS OR HER AGENTS OR
 EMPLOYEES AT THE TIME OF THE INITIATION AND RENEWAL OF A  RENTAL  AGREE-
 MENT TO THE TENANT;
   (B)  BY  THE HEALTH CARE PROVIDER TO THE PARENT OR GUARDIAN OF A CHILD
 AT THE TIME OF A CHILD'S BIRTH AND AT THE TIME OF ANY CHILDHOOD  IMMUNI-
 ZATION  OR  VACCINE  UNLESS  IT  IS  ESTABLISHED  THAT  SUCH INFORMATION
 PAMPHLET HAS BEEN PROVIDED PREVIOUSLY TO THE PARENT OR LEGAL GUARDIAN BY
 THE HEALTH CARE PROVIDER WITHIN THE PRIOR  TWELVE  MONTHS.  HEALTH  CARE
 PROVIDERS SHALL ALSO REVISE THEIR PATIENT FORMS TO INCLUDE A REMINDER TO
 CHECK THE LEAD SCREENING STATUS OF EACH CHILD UNDER SIX YEARS OF AGE;
   (C)  BY  THE OWNER OR OPERATOR OF ANY CHILD CARE FACILITY, PRE-SCHOOL,
 OR KINDERGARTEN CLASS ON OR BEFORE OCTOBER FIFTEENTH  OF  EACH  CALENDAR
 YEAR, TO THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN SUCH FACILITY;
   (D)  BY AN OBSTETRICIAN OR GYNECOLOGIST TO EACH PATIENT OF CHILD-BEAR-
 ING AGE AT THE PATIENT'S FIRST  VISIT  AND  AT  EACH  PREGNANCY  OF  THE
 PATIENT; AND

 S. 5457--A                          9
 
   (E) BY THE PROVIDER OF THE WOMEN, INFANTS AND CHILDREN PROGRAM TO EACH
 PERSON  ENROLLED IN SUCH PROGRAM AND UPON ENROLLMENT AND ANNUALLY THERE-
 AFTER.
   5. WITHIN THREE MONTHS AFTER THE CLOSE OF THE FISCAL YEAR, THE COMMIS-
 SIONER SHALL REPORT TO THE ADVISORY COUNCIL ESTABLISHED IN SECTION THIR-
 TEEN  HUNDRED SEVENTY-B OF THIS TITLE ON THE DEPARTMENT'S IMPLEMENTATION
 OF THIS SECTION DURING  THE  PRECEDING  PERIOD.  SUCH  REPORT  SHALL  BE
 PUBLICLY AVAILABLE AND SHALL INCLUDE, AT A MINIMUM, A DETAILED STATEMENT
 OF  REVENUE  AND EXPENDITURES AND STATEMENT OF THE DEPARTMENT'S PROGRAM,
 SUPPORTED BY A STATISTICAL SECTION WITH GEOGRAPHIC INDEXING DESIGNED  TO
 PROVIDE  A DETAILED EXPLANATION OF THE DEPARTMENT'S ENFORCEMENT, INCLUD-
 ING BUT NOT LIMITED TO THE FOLLOWING:
   (A) A STATISTICAL PROFILE OF DWELLINGS IN WHICH VIOLATIONS  HAVE  BEEN
 PLACED  PURSUANT TO THIS TITLE, INDICATING THE AGES OF THE DWELLINGS AND
 OTHER FACTORS RELEVANT TO THE PREVALENCE OF  LEAD-BASED  PAINT  HAZARDS,
 WHICH  MAY  INCLUDE  THE PRIOR LEAD POISONING OF A PERSON AT RISK IN THE
 DWELLING, OUTSTANDING VIOLATIONS, EMERGENCY REPAIR CHARGES, TAX  ARREARS
 AND MORTGAGE DEBT;
   (B)  THE NUMBER OF DWELLING UNITS INSPECTED BY THE DEPARTMENT OR OTHER
 STATE OR LOCAL AGENCY PURSUANT TO THIS TITLE, THE NUMBER OF  SUCH  UNITS
 WHERE A PERSON AT RISK RESIDED, AND THE NUMBER OF INSPECTORS ASSIGNED TO
 CONDUCT SUCH INSPECTIONS;
   (C)  THE  NUMBER OF DWELLING UNITS IN WHICH THE OCCUPANT COMPLAINED OF
 PEELING PAINT OR A DETERIORATED SUBSURFACE AND THE NUMBER  OF  PRE-NINE-
 TEEN  HUNDRED  SEVENTY  DWELLING  UNITS  IN  WHICH THE EXISTENCE OF SUCH
 CONDITIONS WERE CONFIRMED BY THE DEPARTMENT  OR  OTHER  STATE  OR  LOCAL
 AGENCY;
   (D)  THE  NUMBER  OF  DWELLING UNITS WHERE A PERSON AT RISK RESIDES IN
 WHICH A VIOLATION  WAS  PLACED  PURSUANT  TO  THIS  TITLE,  WHETHER  THE
 VIOLATION  WAS  PLACED  IN RESPONSE TO AN OCCUPANT'S COMPLAINT OR OTHER-
 WISE;
   (E) AN EVALUATION OF THE DEPARTMENT'S CAPABILITY  TO  TIMELY  INSPECT,
 SERVE A NOTICE OF VIOLATION, AND ENFORCE THE CORRECTION OF VIOLATIONS;
   (F)  AN  EVALUATION OF THE DEPARTMENT'S IMPLEMENTATION OF A PROGRAM OF
 INSPECTION PURSUANT TO  SUBDIVISION  SIX  OF  SECTION  THIRTEEN  HUNDRED
 SEVENTY-SEVEN OF THIS TITLE; AND
   (G) A TABULATION OF ALL MUNICIPALITIES, CENSUS TRACTS, OR CENSUS BLOCK
 GROUPS  WHICH  HAVE  IN  ANY  YEAR  MORE  THAN TWENTY-FIVE CHILDREN WITH
 ELEVATED BLOOD LEAD LEVELS, INCLUDING TOTALS OF THE NUMBER  OF  CHILDREN
 WITH SUCH ELEVATED BLOOD LEAD LEVELS BY FIVE POINT INCREMENTS.
   6.  THE  COMMISSIONER  SHALL DESIGNATE A DEPUTY COMMISSIONER OF HEALTH
 RESPONSIBLE FOR FULFILLING THE OBJECTIVES OF THIS TITLE WHEN SUCH OBJEC-
 TIVES INVOLVE THE RESPONSIBILITIES OF THE DEPARTMENT.
   § 5. Section 1370-b of the public health law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  THE  DEPARTMENT  SHALL MAKE RECOMMENDATIONS TO AMEND THIS TITLE IF
 ANY OF THE FOLLOWING CONDITIONS OCCUR:
   (A) IN FISCAL YEAR TWO THOUSAND THIRTEEN, THE  RATE  OF  CHILDREN  WHO
 OBTAIN  BLOOD-LEAD  TESTING  IN COMPLIANCE WITH SECTION THIRTEEN HUNDRED
 SEVENTY-C OF THIS TITLE IS LESS THAN SEVENTY-FIVE PERCENT;
   (B) IN FISCAL YEAR TWO THOUSAND THIRTEEN, THE NUMBER  OF  CHILDREN  IN
 THIS  STATE  WHOSE BLOOD-LEAD LEVEL IS EQUAL TO OR EXCEEDS 10 MICROGRAMS
 PER DECILITER IS GREATER THAN FOUR THOUSAND;
   (C) IN FISCAL YEAR TWO THOUSAND FOURTEEN, THE  RATE  OF  CHILDREN  WHO
 OBTAIN  BLOOD-LEAD  TESTING  IN COMPLIANCE WITH SECTION THIRTEEN HUNDRED
 SEVENTY-C OF THIS TITLE IS LESS THAN NINETY PERCENT; OR

 S. 5457--A                         10
 
   (D) IN FISCAL YEAR TWO THOUSAND FOURTEEN, THE NUMBER  OF  CHILDREN  IN
 THIS  STATE  WHOSE BLOOD-LEAD LEVEL IS EQUAL TO OR EXCEEDS 10 MICROGRAMS
 PER DECILITER IS GREATER THAN TWO THOUSAND.
   SUCH RECOMMENDATIONS SHALL BE SUBMITTED TO THE ADVISORY COUNCIL WITHIN
 SIX  MONTHS  AFTER  THE  CLOSE OF THE FISCAL YEAR IN WHICH THE CONDITION
 OCCURS.
   § 6. Subdivision 1 of section 1370-c of  the  public  health  law,  as
 added by chapter 485 of the laws of 1992, is amended and four new subdi-
 visions 5, 6, 7 and 8 are added to read as follows:
   1.  The  department  [is  authorized  to] SHALL promulgate AND ENFORCE
 regulations establishing the means by which and the intervals  at  which
 [children  and  pregnant  women]  PERSONS  AT RISK shall be screened for
 elevated BLOOD lead levels AND FOR FOLLOW UP OF PERSONS AT RISK WHO HAVE
 ELEVATED BLOOD LEAD LEVELS.    The  department  is  also  authorized  to
 require  screening  for  lead  poisoning in other high risk groups. AT A
 MINIMUM, THE DEPARTMENT SHALL ENSURE THAT ALL CHILDREN AT BOTH  AGE  ONE
 YEAR  AND AT AGE TWO YEARS AND PREGNANT WOMEN SHALL BE SCREENED AND THAT
 ALL CHILDREN WHO ARE CONSIDERED AT RISK UP TO SIX YEARS OF AGE SHALL  BE
 SCREENED AT LEAST ONCE EACH YEAR.
   5. EACH HEALTH INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL REPORT
 ANNUALLY  TO THE DEPARTMENT ITS AGGREGATE DATA REGARDING COMPLIANCE WITH
 THE SCREENING REQUIREMENTS PURSUANT TO THIS  SECTION.  SUCH  DATA  SHALL
 DETAIL  THE NUMBER AND PERCENTAGE OF CHILDREN SEEN WHO WERE AGES ONE AND
 TWO, THE NUMBER AND PERCENTAGE WHO WERE SCREENED AT  AGE  ONE,  AND  THE
 NUMBER AND PERCENTAGE WHO WERE SCREENED AT AGE TWO, SEPARATELY ORGANIZED
 BY  ZIP  CODE.  THIS REPORT ON SCREENING COMPLIANCE SHALL BE PROVIDED TO
 THE DEPARTMENT BY MARCH FIRST FOLLOWING THE END OF  THE  CALENDAR  YEAR.
 THE  COMPTROLLER  SHALL INCLUDE A REVIEW OF COMPLIANCE WITH THIS SECTION
 IN ANY AUDIT IT PERFORMS.
   6. THE DEPARTMENT SHALL INCLUDE THE SCREENING AND  REPORTING  REQUIRE-
 MENTS  IN ITS CONTRACTS FOR SERVICES UNDER THE MEDICAID AND CHILD HEALTH
 PLUS PROGRAMS OR ANY OTHER PROGRAMS FUNDED IN  WHOLE  OR  IN  PART  WITH
 STATE  OR  LOCAL FUNDS AND PROVIDING HEALTH SERVICES TO PERSONS AT RISK,
 AND SHALL IMPOSE COMPLIANCE TARGETS AND APPROPRIATE PENALTIES  OR  SANC-
 TIONS IN THE EVENT SUCH TARGETS ARE NOT ACHIEVED.
   7.  BY APRIL FIFTEENTH OF EACH YEAR THE DEPARTMENT SHALL REPORT TO THE
 HEALTH COMMITTEES OF THE SENATE AND ASSEMBLY AND MAKE PUBLICLY AVAILABLE
 A REPORT ON SCREENING RATES OF  THE  PRECEDING  YEAR  PURSUANT  TO  THIS
 SECTION,  INCLUDING  THE  ACTUAL  NUMBER AND ESTIMATED PERCENTAGE OF ONE
 YEAR OLD CHILDREN AND THE ACTUAL NUMBER AND ESTIMATED PERCENTAGE OF  TWO
 YEAR  OLD  CHILDREN SCREENED FOR BLOOD LEAD, THE ACTUAL NUMBER AND ESTI-
 MATED PERCENTAGE OF CHILDREN SCREENED AT BOTH ONE YEAR OF  AGE  AND  TWO
 YEARS OF AGE, THE PERFORMANCE OF MEDICAID AND CHILD HEALTH PLUS PROGRAMS
 OR  ANY  OTHER  PROGRAMS FUNDED IN WHOLE OR IN PART WITH STATE AND LOCAL
 FUNDS AND PROVIDING HEALTH SERVICES TO PERSONS AT RISK, AND ITS  ACTIONS
 TO PUBLICIZE AND ENFORCE THE OBLIGATIONS ON HEALTH CARE PROVIDERS PURSU-
 ANT TO THIS SECTION.
   8.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS ESTABLISHING PENALTIES
 FOR KNOWING VIOLATIONS OF SUBDIVISION TWO OF THIS SECTION.
   § 7. Sections 1373 and 1375 of the public health law are REPEALED  and
 eight new sections 1370-f, 1373, 1375, 1376, 1377, 1378, 1379 and 1379-a
 are added to read as follows:
   §  1370-F.  RESPONSE  TO  A  CHILD WITH ELEVATED BLOOD LEAD LEVELS AND
 CONDITIONS CONDUCIVE TO LEAD POISONING.  1. FOR EACH PERSON AT RISK  WHO
 HAS A CONFIRMED ELEVATED BLOOD LEAD LEVEL, PRIMARY HEALTH CARE PROVIDERS
 SHALL  PROVIDE  OR  MAKE REASONABLE EFFORTS TO ENSURE THE PROVISION OF A

 S. 5457--A                         11
 
 COMPLETE DIAGNOSTIC EVALUATION; MEDICAL  TREATMENT,  IF  NECESSARY;  AND
 REFERRAL TO THE APPROPRIATE LOCAL OR STATE HEALTH UNIT FOR ENVIRONMENTAL
 MANAGEMENT. A COMPLETE DIAGNOSTIC EVALUATION SHALL INCLUDE AT A MINIMUM:
 A DETAILED LEAD EXPOSURE ASSESSMENT, A NUTRITIONAL ASSESSMENT, INCLUDING
 IRON STATUS, AND, AS APPROPRIATE, DEVELOPMENT SCREENING.
   2.  THE  COMMISSIONER OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE,
 AS THE APPROPRIATE LOCAL OR STATE HEALTH UNIT FOR ENVIRONMENTAL  MANAGE-
 MENT,  SHALL CONDUCT AN ENVIRONMENTAL ASSESSMENT, WHICH SHALL INCLUDE AN
 EMERGENCY INSPECTION IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION
 THIRTEEN HUNDRED SEVENTY-SEVEN OF THIS TITLE, TO DETERMINE THE SOURCE OF
 EXPOSURE TO LEAD FOR ANY PERSON AT RISK REFERRED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION.
   3.  FOR  EACH PERSON AT RISK WHO IS REFERRED FOR ENVIRONMENTAL MANAGE-
 MENT PURSUANT TO THIS SECTION, WHENEVER THE COMMISSIONER OR HIS  OR  HER
 DESIGNATED  REPRESENTATIVE DETERMINES THAT A CONDITION CONDUCIVE TO LEAD
 POISONING EXISTS IN A DWELLING, A WRITTEN NOTICE AND DEMAND FOR  DISCON-
 TINUANCE  SHALL  BE  ISSUED  IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED
 SEVENTY-EIGHT OF THIS TITLE.  THE  COMMISSIONER  OR  THE  COMMISSIONER'S
 DESIGNATED  REPRESENTATIVE SHALL ALSO IMMEDIATELY NOTIFY THE APPROPRIATE
 PUBLIC WELFARE DEPARTMENT OF THE ISSUANCE OF  SUCH  WRITTEN  NOTICE  AND
 DEMAND  PURSUANT  TO  SECTION  ONE  HUNDRED  FORTY-THREE-B OF THE SOCIAL
 SERVICES LAW.
   4.   WHENEVER THE COMMISSIONER OR  HIS  OR  HER  REPRESENTATIVE  SHALL
 DESIGNATE AN AREA OF HIGH RISK, OTHER THAN A CENSUS TRACT OR BLOCK GROUP
 SO  DESIGNATED  PURSUANT  TO  SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS
 TITLE HE OR SHE MAY GIVE WRITTEN NOTICE AND DEMAND, SERVED  AS  PROVIDED
 IN  SECTION THIRTEEN HUNDRED SEVENTY-EIGHT OF THIS TITLE FOR THE DISCON-
 TINUANCE OF A PAINT CONDITION CONDUCIVE TO LEAD POISONING IN ANY  DESIG-
 NATED DWELLING IN SUCH AREA WITHIN A SPECIFIED PERIOD OF TIME.
   5.  WHENEVER  THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE
 HAS ISSUED A WRITTEN NOTICE AND DEMAND FOR A DISCONTINUANCE OF A  CONDI-
 TION  CONDUCIVE  TO  LEAD POISONING, PRIOR TO CLEARING SUCH CONDITION AS
 MEETING THE REQUIREMENTS OF THIS TITLE, THE COMMISSIONER OR HIS  OR  HER
 DESIGNATED  REPRESENTATIVE  SHALL  COMPLETE  A  CLEARANCE EXAMINATION TO
 CONFIRM THE SAFETY OF THE LOCATION. SUCH  CLEARANCE  EXAMINATIONS  SHALL
 INCLUDE  A  VISUAL  ASSESSMENT, DUST SAMPLING, SUBMISSION OF SAMPLES FOR
 ANALYSIS FOR LEAD, INTERPRETATION OF SAMPLING RESULTS,  AND  PREPARATION
 OF  A  REPORT.  CLEARANCE  EXAMINATIONS SHALL BE PERFORMED IN ACCORDANCE
 WITH FEDERAL GUIDELINES IN 24 C.F.R. SECTION 35.1340 OR SUCCESSOR  REGU-
 LATION.
   § 1373. SAFE WORK PRACTICES FOR ACTIVITIES DISTURBING LEAD-BASED PAINT
 OR  PAINT OF UNKNOWN LEAD CONTENT IN AFFECTED PROPERTIES WITH PERSONS AT
 RISK.   1. ALL WORK PERFORMED BY AN  OWNER  OR  THE  OWNER'S  AGENTS  OR
 CONTRACTORS,  IN  AFFECTED  PROPERTY  OCCUPIED BY A PERSON OR PERSONS AT
 RISK, THAT DISTURBS LEAD-BASED  PAINT  OR  PAINT  OF  UNDETERMINED  LEAD
 CONTENT  SHALL  BE  PERFORMED  IN  ACCORDANCE WITH SAFE WORK REGULATIONS
 PROMULGATED BY THE COMMISSIONER. SUCH  REGULATIONS  SHALL  PROVIDE  FOR,
 AMONG OTHER THINGS:
   (A) NOTICE TO TENANTS;
   (B)  TRAINING  REQUIREMENTS,  WHICH  SHALL  REQUIRE  THAT SUCH WORK BE
 PERFORMED BY PERSONS WHO HAVE, AT A MINIMUM,  SUCCESSFULLY  COMPLETED  A
 COURSE  ON LEAD-SAFE WORK PRACTICES GIVEN BY OR ON BEHALF OF THE DEPART-
 MENT, OR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  BY  THE  UNITED
 STATES  ENVIRONMENTAL PROTECTION AGENCY OR AN ENTITY AUTHORIZED BY IT TO
 GIVE SUCH COURSE, OR BY THE UNITED  STATES  DEPARTMENT  OF  HOUSING  AND
 URBAN DEVELOPMENT OR AN ENTITY AUTHORIZED BY IT TO GIVE SUCH COURSE;

 S. 5457--A                         12
 
   (C) PRECAUTIONS TO PREVENT ENTRY INTO THE WORK AREA BY OCCUPANTS UNTIL
 CLEAN-UP IS COMPLETED AND FOR TEMPORARY RELOCATION PROVIDED BY THE OWNER
 FOR  THE OCCUPANTS OF A DWELLING OR DWELLING UNIT TO APPROPRIATE HOUSING
 WHEN WORK CANNOT BE PERFORMED SAFELY;
   (D)  PRECAUTIONS  TO  PREVENT  THE  DISPERSION OF LEAD DUST AND DEBRIS
 DURING THE WORK;
   (E) PROHIBITED PRACTICES OF LEAD PAINT REMOVAL, INCLUDING DRY SCRAPING
 AND SANDING, USE OF POWER TOOLS WITHOUT PROPER  ENVIRONMENTAL  CONTROLS,
 AND THE USE OF TOXIC SUBSTANCES;
   (F) PROPER DAILY AND FINAL CLEAN-UP REQUIREMENTS;
   (G) DUST WIPE CLEARANCE TESTING;
   (H)  PRE-NOTIFICATION  OF LOCAL MUNICIPAL CODE ENFORCEMENT AGENCIES OR
 HEALTH DEPARTMENTS, WHERE APPROPRIATE; AND
   (I) EXCEPTIONS FOR SMALL JOBS THAT INVOLVE DISTURBING  LESS  THAN  TWO
 SQUARE FEET OF LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD CONTENT OR
 LESS  THAN  TEN  PERCENT OF THE TOTAL SURFACE AREA OF PEELING PAINT ON A
 TYPE OF COMPONENT WITH A SMALL SURFACE AREA, SUCH  AS  A  WINDOWSILL  OR
 DOOR FRAME.
   2.  A TENANT SHALL ALLOW ACCESS TO AN AFFECTED PROPERTY, AT REASONABLE
 TIMES, TO THE OWNER TO PERFORM ANY WORK REQUIRED UNDER THIS TITLE.
   3. IF A TENANT MUST VACATE AN AFFECTED PROPERTY FOR A PERIOD OF  TWEN-
 TY-FOUR  HOURS  OR  MORE IN ORDER TO ALLOW AN OWNER TO PERFORM WORK THAT
 WILL DISTURB THE PAINT ON INTERIOR SURFACES, THE OWNER SHALL PAY TO  THE
 TENANT  IN  ADVANCE  THE  REASONABLE RELOCATION EXPENSES THAT THE TENANT
 INCURS DIRECTLY RELATED TO THE REQUIRED RELOCATION.
   4. THE DEPUTY COMMISSIONER  OR  THE  DEPUTY  COMMISSIONER'S  DESIGNEE,
 WITHIN  ONE  HUNDRED  TWENTY  DAYS  FOLLOWING THE EFFECTIVE DATE OF THIS
 SECTION, SHALL ESTABLISH GUIDELINES AND A TRAINER'S MANUAL FOR A  "LEAD-
 SAFE  HOUSING  AWARENESS SEMINAR" WITH A TOTAL CLASS TIME OF THREE HOURS
 OR LESS.  SUCH GUIDELINES AND MATERIALS SHALL BE MADE AVAILABLE SO  THAT
 SUCH  COURSES  MAY BE OFFERED BY PROFESSIONAL ASSOCIATIONS AND COMMUNITY
 ORGANIZATIONS WITH A TRAINING CAPACITY, EXISTING ACCREDITED  EDUCATIONAL
 INSTITUTIONS,  AND  FOR-PROFIT  EDUCATIONAL PROVIDERS. ALL SUCH OFFERING
 PROPOSALS SHALL BE REVIEWED AND APPROVED, BASED ON SEMINAR  CONTENT  AND
 QUALIFICATIONS OF INSTRUCTORS, BY THE DEPUTY COMMISSIONER OF HOUSING AND
 COMMUNITY RENEWAL OR THE DEPUTY COMMISSIONER'S DESIGNEE.
   §  1375.  ACCREDITATION OF INSPECTORS AND CONTRACTORS PERFORMING WORK.
 1.  NO PERSON SHALL ACT AS A CONTRACTOR OR  SUPERVISOR  TO  PERFORM  THE
 WORK  NECESSARY FOR LEAD-BASED PAINT HAZARD ABATEMENT AS DEFINED IN THIS
 TITLE UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
   (A) REGULATIONS THAT MAY BE ADOPTED BY THE  COMMISSIONER  PURSUANT  TO
 THIS  SECTION  GOVERNING  THE  ACCREDITATION OF INDIVIDUALS TO ENGAGE IN
 LEAD-BASED PAINT ACTIVITIES SUFFICIENT TO SATISFY THE REQUIREMENTS OF 40
 C.F.R. 745.325 OR SUCCESSOR REGULATIONS;
   (B) CERTIFICATION BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40  C.F.R.  745.226
 OR SUCCESSOR REGULATION; OR
   (C)  CERTIFICATION  BY  A  STATE  OR  TRIBAL PROGRAM AUTHORIZED BY THE
 UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY  TO  CERTIFY  INDIVIDUALS
 ENGAGED  IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR
 SUCCESSOR REGULATION.
   THE COMMISSIONER  SHALL,  BY  REGULATION,  CREATE  EXCEPTIONS  TO  THE
 ACCREDITATION  REQUIREMENT  FOR INSTANCES WHERE THE DISTURBANCE OF LEAD-
 BASED PAINT IS SMALL AND INCIDENTAL, SUCH AS WORK THAT DISTURBS SURFACES
 OF LESS THAN EITHER TWO SQUARE FEET OF PEELING LEAD-BASED PAINT PER ROOM

 S. 5457--A                         13
 
 OR TEN PERCENT OF THE TOTAL SURFACE AREA OF PEELING PAINT ON A  TYPE  OF
 COMPONENT WITH A SMALL SURFACE AREA, SUCH AS A WINDOWSILL OR DOOR FRAME.
   2. NO PERSON SHALL CONDUCT AN INSPECTION REQUIRED BY SECTIONS THIRTEEN
 HUNDRED  SEVENTY-SIX  AND  THIRTEEN HUNDRED SEVENTY-SEVEN OF THIS TITLE,
 UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
   (A) REGULATIONS THAT MAY BE ADOPTED BY THE  COMMISSIONER  PURSUANT  TO
 THIS  SECTION  GOVERNING  THE  ACCREDITATION  OF INDIVIDUALS ELIGIBLE TO
 CONDUCT THE INSPECTIONS REQUIRED BY THIS TITLE SUFFICIENT TO SATISFY THE
 REQUIREMENTS OF 40 C.F.R. 745.325 OR SUCCESSOR REGULATION; OR
   (B) CERTIFICATION TO CONDUCT INSPECTIONS BY THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY PURSUANT TO 40 C.F.R. 745.226(B)  OR  SUCCESSOR
 REGULATION; OR
   (C)  CERTIFICATION  BY  A  STATE  OR  TRIBAL PROGRAM AUTHORIZED BY THE
 UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY  TO  CERTIFY  INDIVIDUALS
 ENGAGED  IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR
 SUCCESSOR REGULATION.
   3.  THE COMMISSIONER MAY ADOPT REGULATIONS, SUFFICIENT TO SATISFY  THE
 REQUIREMENTS OF 40 C.F.R. 745.325 OR SUCCESSOR REGULATION, GOVERNING THE
 ACCREDITATION  OF  INDIVIDUALS  ENGAGING  IN LEAD-BASED PAINT ACTIVITIES
 UNDER THIS TITLE OR ELIGIBLE TO CONDUCT THE INSPECTIONS REQUIRED BY THIS
 TITLE.  THE ACCREDITATION OF SUCH PERSONS PURSUANT TO  SUCH  REGULATIONS
 SHALL  EXTEND FOR A PERIOD OF THREE YEARS UNLESS THE DEPUTY COMMISSIONER
 HAS PROBABLE CAUSE TO BELIEVE A PERSON ACCREDITED UNDER THIS SECTION HAS
 VIOLATED THE TERMS OF THE ACCREDITATION OR ENGAGED IN ILLEGAL OR  UNETH-
 ICAL CONDUCT RELATED TO INSPECTIONS REQUIRED BY THIS TITLE IN WHICH CASE
 THE  ACCREDITATION  TO  PERFORM INSPECTIONS SHALL BE SUSPENDED PENDING A
 HEARING IN ACCORDANCE WITH THE PROVISIONS OF  THE  STATE  ADMINISTRATIVE
 PROCEDURE ACT. THE COMMISSIONER SHALL ESTABLISH BY REGULATION A SCHEDULE
 OF  FEES  FOR  THE  ACCREDITATION AND REGISTRATION OF SUCH PERSONS. SUCH
 FEES SHALL BE REQUIRED TO BE PAID AT THE TIME  OF  INITIAL  REGISTRATION
 AND  AT  THE  TIME  OF  SUBSEQUENT RENEWAL OF REGISTRATION, AND SHALL BE
 SUFFICIENT TO COVER ALL COSTS, INCLUDING THE COSTS OF  STATE  PERSONNEL,
 ATTRIBUTABLE TO ACCREDITATION ACTIVITIES CONDUCTED UNDER THIS SECTION.
   (A)  FEES  COLLECTED  PURSUANT  TO  THIS SUBDIVISION WILL BE HELD IN A
 CONTINUING, NON-LAPSING  SPECIAL  FUND  TO  BE  USED  FOR  ACCREDITATION
 PURPOSES UNDER THIS SECTION.
   (B)  THE FUND ESTABLISHED UNDER THIS SUBDIVISION SHALL BE INVESTED AND
 REINVESTED AND ANY INVESTMENT EARNINGS SHALL BE PAID INTO THE FUND.
   4. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE  A  MISDE-
 MEANOR.
   §  1376.   REQUIREMENTS FOR AFFECTED PROPERTIES OCCUPIED BY PERSONS AT
 RISK. 1. ALL AFFECTED PROPERTIES OCCUPIED BY PERSONS AT  RISK  SHALL  BE
 MAINTAINED FREE OF CONDITIONS CONDUCIVE TO LEAD PAINT POISONING.
   2.  WITHIN  TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION THE
 OWNER OF ANY AFFECTED PROPERTY THAT IS OCCUPIED BY A PERSON AT RISK MUST
 CERTIFY, THROUGH A SWORN STATEMENT IN A FORM PRESCRIBED BY  THE  COMMIS-
 SIONER,  THAT  THE PROPERTY MEETS "LEAD STABILIZED" STATUS AS DEFINED BY
 SUBDIVISION THREE OF THIS SECTION AND THE OWNER IS COMPLYING WITH SUBDI-
 VISION TWO OF SECTION THIRTEEN  HUNDRED  SEVENTY-SEVEN  OF  THIS  TITLE,
 UNLESS A REPORT HAS BEEN SUBMITTED BY A CERTIFIED INSPECTOR STATING THAT
 THE  PROPERTY  IS  EITHER "LEAD FREE" OR IS "LEAD CONTAINED" AS PROVIDED
 FOR IN SUBDIVISION FIVE OR SIX OF THIS SECTION.
   3. AN AFFECTED PROPERTY WILL BE CONSIDERED  TO  BE  "LEAD  STABILIZED"
 WHEN:
   (A)  ALL  EXTERIOR  AND  INTERIOR  PAINTED SURFACES HAVE BEEN VISUALLY
 REVIEWED; AND ALL CHIPPING, PEELING,  OR  FLAKING  LEAD-BASED  PAINT  OR

 S. 5457--A                         14
 
 PAINT  OF UNKNOWN LEAD CONTENT ON EXTERIOR AND INTERIOR PAINTED SURFACES
 HAS BEEN REMOVED AND REPAINTED, OR STABILIZED  AND  REPAINTED,  AND  ANY
 STRUCTURAL DEFECT THAT IS CAUSING OR LIKELY TO CAUSE LEAD-BASED PAINT OR
 PAINT  OF UNKNOWN LEAD CONTENT TO CHIP, PEEL, OR FLAKE THAT THE OWNER OF
 THE AFFECTED PROPERTY HAS KNOWLEDGE OF, OR WITH THE EXERCISE OF  REASON-
 ABLE CARE SHOULD HAVE KNOWLEDGE OF, HAS BEEN REPAIRED; AND
   (B)  ALL  WINDOW  FRICTION  SURFACES WITH LEAD-BASED PAINT OR PAINT OF
 UNKNOWN LEAD CONTENT HAVE HAD SUCH PAINT REMOVED OR PERMANENTLY COVERED,
 SUCH AS VIA THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS  OR  SLIDES,
 AND  INTERIOR  WINDOW  TROUGHS AND WINDOWSILLS HAVE BEEN EITHER STRIPPED
 AND REPAINTED, REPLACED, OR ENCAPSULATED WITH VINYL, METAL, OR ANY OTHER
 DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE; AND
   (C) ALL DOORS AND DOORWAYS HAVE BEEN ADJUSTED OR RE-HUNG AS  NECESSARY
 TO  PREVENT THE RUBBING TOGETHER OF ANY SURFACE WITH LEAD-BASED PAINT OR
 PAINT OF UNKNOWN LEAD CONTENT WITH ANOTHER SURFACE; AND
   (D) ALL BARE FLOORS HAVE BEEN MADE SMOOTH AND CLEANABLE; AND
   (E) ALL WORK HAS BEEN COMPLETED IN COMPLIANCE WITH THE SAFE WORK PRAC-
 TICE REGULATIONS PROMULGATED PURSUANT TO SECTION THIRTEEN HUNDRED SEVEN-
 TY-THREE OF THIS TITLE; AND
   (F) AT THE COMPLETION OF ANY ACTIVITIES DESCRIBED IN THIS  SUBDIVISION
 THAT DISTURB LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT:
   (I)  THE  INTERIOR OF THE AFFECTED PROPERTY HAS BEEN HEPA VACUUMED AND
 WASHED WITH HIGH PHOSPHATE DETERGENT OR ITS EQUIVALENT; AND
   (II) CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED  AS  DETERMINED
 BY  WIPE  SAMPLES  IN  ALL AREAS ACCESSIBLE TO PERSONS AT RISK, TAKEN BY
 PROPERLY ACCREDITED INDEPENDENT PERSONNEL AFTER COMPLETION OF ALL ACTIV-
 ITIES UNDERTAKEN PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4. AN OWNER CERTIFYING THAT AN AFFECTED PROPERTY  MEETS  "LEAD  STABI-
 LIZED"  STATUS  UNDER  SUBDIVISION  TWO OF THIS SECTION SHALL RETAIN THE
 SWORN CERTIFICATION, WHICH SHALL BE  VALID FOR THREE YEARS, AND MAKE  IT
 AVAILABLE FOR INSPECTION BY DEPARTMENT OR LOCAL OFFICIALS, INCLUDING THE
 RESULTS  OF  WIPE  TESTS WHEN CONDUCTED, AND SHALL PROVIDE A COPY OF THE
 CERTIFICATION AND WIPE TEST RESULTS TO THE TENANT.
   5. AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD-FREE"  FOR  THE
 PURPOSES  OF  THIS SECTION IF THE OWNER OF THE AFFECTED PROPERTY SUBMITS
 TO THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH
 PROPERTY IS LOCATED  AN  INSPECTION  REPORT  WHICH  INDICATES  THAT  THE
 AFFECTED  PROPERTY  HAS BEEN TESTED BY AN INSPECTOR, ACCREDITED PURSUANT
 TO THE PROVISIONS OF  SECTION  THIRTEEN  HUNDRED  SEVENTY-FIVE  OF  THIS
 TITLE,  FOR THE PRESENCE OF LEAD IN ACCORDANCE WITH STANDARDS AND PROCE-
 DURES ESTABLISHED BY THE REGULATIONS PROMULGATED BY THE COMMISSIONER AND
 STATES UNDER PENALTIES OF PERJURY THAT THERE IS NO LEAD-BASED  PAINT  OR
 LEAD-CONTAMINATED  DUST PRESENT ON THE INTERIOR SURFACES OF THE DWELLING
 UNIT, NO LEAD-BASED PAINT ON THE INTERIOR SURFACES OF THE  COMMON  AREAS
 OF  THE PROPERTY, AND NO LEAD-BASED PAINT PRESENT ON ANY OF THE EXTERIOR
 SURFACES OF THE PROPERTY. A COPY OF THE MOST  RECENT  INSPECTION  REPORT
 SHALL BE PROVIDED TO THE TENANT.
   6.  AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD CONTAINED" FOR
 THE PURPOSES OF THIS SECTION IF  THE  OWNER  OF  THE  AFFECTED  PROPERTY
 SUBMITS  A  REPORT  BY A CERTIFIED INSPECTOR, ACCREDITED PURSUANT TO THE
 PROVISIONS OF SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THIS TITLE, WHICH
 INDICATES THAT THE AFFECTED PROPERTY HAS BEEN TESTED FOR THE PRESENCE OF
 LEAD-BASED PAINT AND LEAD-CONTAMINATED DUST IN ACCORDANCE WITH THE STAN-
 DARDS AND PROCEDURES  ESTABLISHED  BY  REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER AND STATES UNDER PENALTIES OF PERJURY THAT:

 S. 5457--A                         15
 
   (A)  ALL  INTERIOR  SURFACES  IN  THE  AFFECTED PROPERTY EITHER DO NOT
 CONTAIN LEAD-BASED PAINT OR HAVE BEEN PERMANENTLY ABATED; AND
   (B)(I)  ALL  EXTERIOR  PAINTED  SURFACES OF THE AFFECTED PROPERTY THAT
 WERE CHIPPING, PEELING, OR FLAKING  HAVE  BEEN  RESTORED  WITH  NON-LEAD
 BASED  PAINT  AND  NO EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY
 ARE CHIPPING, PEELING, OR FLAKING; OR
   (II) ALL EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY HAVE  BEEN
 COVERED  WITH VINYL SIDING OR SIMILAR SIDING AND SEALED IN A MANNER THAT
 PREVENTS EXPOSURE TO CHIPPING, PEELING, OR FLAKING PAINT; AND
   (C) CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED AS DETERMINED BY
 WIPE SAMPLES IN ALL AREAS ACCESSIBLE TO PERSONS AT RISK, TAKEN BY  PROP-
 ERLY  ACCREDITED  INDEPENDENT PERSONNEL. A COPY OF THE INSPECTION REPORT
 SHALL BE PROVIDED TO THE TENANT.
   7. IN ORDER TO MAINTAIN  "LEAD  CONTAINED"  STATUS  THE  OWNER  OF  AN
 AFFECTED  PROPERTY  WITH  LEAD-BASED PAINT ON ANY EXTERIOR SURFACE WHICH
 HAS BEEN CERTIFIED AS "LEAD CONTAINED" PURSUANT TO  SUBDIVISION  SIX  OF
 THIS  SECTION SHALL SUBMIT TO THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
 JURISDICTION IN WHICH SUCH PROPERTY  IS  LOCATED  EVERY  THREE  YEARS  A
 CERTIFICATION  BY  AN INSPECTOR, STATING UNDER PENALTIES OF PERJURY THAT
 NO EXTERIOR PAINTED SURFACE OF THE AFFECTED PROPERTY IS CHIPPING,  PEEL-
 ING,  OR  FLAKING, AND THAT THERE HAS BEEN NO COMPROMISE OF ANY INTERIOR
 ABATEMENT SYSTEM THAT RELIES UPON THE  ENCLOSURE  OR  ENCAPSULATION  FOR
 LEAD-BASED  PAINT. A COPY OF SUCH CERTIFICATION SHALL BE RETAINED BY THE
 OWNER AND MADE AVAILABLE FOR INSPECTION BY DEPARTMENT OR LOCAL OFFICIALS
 AND SHALL BE PROVIDED TO THE TENANT.
   § 1377. DUE  DILIGENCE  INQUIRIES;  INVESTIGATION  AND  INSPECTION  OF
 AFFECTED PROPERTIES. 1.  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF
 THIS  SECTION,  UNLESS  THE OWNER OF AN AFFECTED PROPERTY HAS PREVIOUSLY
 DOCUMENTED IN THE MANNER REQUIRED BY  THE  DEPUTY  COMMISSIONER  THAT  A
 PROPERTY  HAS  BEEN  DETERMINED  TO  HAVE  ACHIEVED "LEAD-FREE" PROPERTY
 STATUS OR "LEAD-CONTAINED" PROPERTY STATUS, THE  OWNER  OF  AN  AFFECTED
 PROPERTY  SHALL  MAKE  A  DUE  DILIGENCE  INQUIRY TO ASCERTAIN WHETHER A
 PERSON AT RISK RESIDES IN AN AFFECTED PROPERTY.
   (A) NO OCCUPANT IN A DWELLING UNIT IN  SUCH  AFFECTED  PROPERTY  SHALL
 REFUSE OR UNREASONABLY FAIL TO PROVIDE ACCURATE AND TRUTHFUL INFORMATION
 REGARDING THE RESIDENCY OF A PERSON AT RISK.
   (B)  ALL  LEASES OFFERED TO TENANTS OR PROSPECTIVE TENANTS IN AFFECTED
 PROPERTIES MUST CONTAIN A NOTICE, CONSPICUOUSLY SET FORTH THEREIN, WHICH
 ADVISES TENANTS OF THE OBLIGATIONS OF THE OWNER AND TENANT AS SET  FORTH
 IN  THIS SECTION. SUCH NOTICE MUST BE IN A MANNER APPROVED BY THE DEPUTY
 COMMISSIONER, THE CONTENT OF WHICH SHALL, AT A MINIMUM,  BE  IN  ENGLISH
 AND  SPANISH.  THE OWNER OF AN AFFECTED PROPERTY SHALL PROVIDE THE OCCU-
 PANT OF SUCH DWELLING UNIT WITH A PAMPHLET DEVELOPED PURSUANT TO  SUBDI-
 VISION FOUR OF SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS TITLE.
   (C)(I)  THE  OWNER OF SUCH AFFECTED PROPERTY SHALL PROVIDE TO AN OCCU-
 PANT OF A DWELLING UNIT AT THE SIGNING OF A LEASE, INCLUDING  A  RENEWAL
 LEASE, IF ANY, OR UPON ANY AGREEMENT TO LEASE, OR AT THE COMMENCEMENT OF
 OCCUPANCY  IF  THERE  IS  NO LEASE, A NOTICE IN ENGLISH AND SPANISH, THE
 FORM AND CONTENT OF WHICH SHALL BE APPROVED BY THE DEPARTMENT, INQUIRING
 WHETHER A PERSON AT RISK RESIDES OR WILL RESIDE THEREIN. IF THERE  IS  A
 LEASE,  SUCH  NOTICE SHALL BE INCLUDED IN SUCH LEASE OR BE ATTACHED AS A
 RIDER TO SUCH LEASE. SUCH NOTICE SHALL BE COMPLETED BY THE  OCCUPANT  AT
 THE  TIME OF SUCH SIGNING OF A LEASE, INCLUDING A RENEWAL LEASE, IF ANY,
 OR SUCH AGREEMENT TO LEASE, OR AT SUCH COMMENCEMENT OF OCCUPANCY.
   (II) WHERE AN OCCUPANT HAS RESPONDED TO THE  NOTICE  PROVIDED  BY  THE
 OWNER  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH BY INDICATING THAT

 S. 5457--A                         16
 
 NO PERSON AT RISK RESIDES THEREIN, DURING THE PERIOD BETWEEN THE DATE OF
 SUCH RESPONSE AND THE DELIVERY OF  THE  NOTICE  PROVIDED  BY  THE  OWNER
 PURSUANT  TO  PARAGRAPH  (D)  OF THIS SUBDIVISION DURING THE IMMEDIATELY
 FOLLOWING  YEAR THE OCCUPANT SHALL HAVE THE RESPONSIBILITY TO INFORM THE
 OWNER OF ANY PERSON AT RISK THAT COMES TO  RESIDE  THEREIN  DURING  SUCH
 PERIOD.
   (D)(I)  EACH  YEAR, AN OWNER OF AN AFFECTED PROPERTY SHALL, NO EARLIER
 THAN JANUARY FIRST AND  NO  LATER  THAN  JANUARY  SIXTEENTH,  EXCEPT  AS
 PROVIDED  FOR IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF THIS SUBDIVISION,
 PRESENT TO THE OCCUPANT OF EACH DWELLING UNIT IN SUCH AFFECTED  PROPERTY
 A  NOTICE INQUIRING AS TO WHETHER A PERSON AT RISK RESIDES THEREIN. SUCH
 NOTICE, THE FORM AND CONTENT OF WHICH SHALL BE APPROVED  BY  THE  DEPUTY
 COMMISSIONER, SHALL BE PRESENTED AS PROVIDED FOR IN SUBPARAGRAPH (II) OF
 PARAGRAPH (C) OF THIS SUBDIVISION, AND SHALL BE IN ENGLISH AND SPANISH.
   (II)  THE OWNER MAY PRESENT THE NOTICE REQUIRED BY SUBPARAGRAPH (I) OF
 THIS PARAGRAPH BY DELIVERING SAID NOTICE BY ANY  ONE  OF  THE  FOLLOWING
 METHODS:
   (1)  BY  FIRST  CLASS  MAIL, ADDRESSED TO THE OCCUPANT OF THE DWELLING
 UNIT;
   (2) BY HAND DELIVERY TO THE OCCUPANT OF THE DWELLING UNIT; OR
   (3) BY ENCLOSURE WITH THE JANUARY RENT BILL,  IF  SUCH  RENT  BILL  IS
 DELIVERED AFTER DECEMBER FIFTEENTH BUT NO LATER THAN JANUARY SIXTEENTH.
   (III)  (1)  UPON  RECEIPT  OF  SUCH NOTICE THE OCCUPANT SHALL HAVE THE
 RESPONSIBILITY TO DELIVER BY FEBRUARY FIFTEENTH OF THAT YEAR, A  WRITTEN
 RESPONSE TO THE OWNER INDICATING WHETHER OR NOT A PERSON AT RISK RESIDES
 THEREIN.  IF,  SUBSEQUENT TO DELIVERY OF SUCH NOTICE, THE OWNER DOES NOT
 RECEIVE SUCH WRITTEN RESPONSE BY FEBRUARY FIFTEENTH, AND DOES NOT OTHER-
 WISE HAVE ACTUAL KNOWLEDGE AS TO WHETHER A PERSON AT RISK RESIDES THERE-
 IN, THEN THE OWNER SHALL AT REASONABLE TIMES AND UPON REASONABLE  NOTICE
 INSPECT  THAT  OCCUPANT'S  DWELLING UNIT TO ASCERTAIN THE RESIDENCY OF A
 PERSON AT RISK AND, WHEN NECESSARY, CONDUCT AN INVESTIGATION IN ORDER TO
 MAKE THAT DETERMINATION. WHERE, BETWEEN  FEBRUARY  SIXTEENTH  AND  MARCH
 FIRST  OF  THAT  YEAR,  THE  OWNER  HAS MADE REASONABLE ATTEMPTS TO GAIN
 ACCESS TO A DWELLING UNIT TO DETERMINE IF A PERSON AT  RISK  RESIDES  IN
 THAT DWELLING UNIT AND WAS UNABLE TO GAIN ACCESS, THE OWNER SHALL NOTIFY
 THE  DEPUTY  COMMISSIONER OR THE DEPUTY COMMISSIONER'S LOCAL DESIGNEE OF
 THAT CIRCUMSTANCE.
   (2) WHERE AN OCCUPANT HAS RESPONDED TO  THE  NOTICE  PROVIDED  BY  THE
 OWNER  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH BY INDICATING THAT
 NO PERSON AT RISK RESIDES THEREIN, DURING THE PERIOD BETWEEN THE DATE OF
 SUCH RESPONSE AND THE DELIVERY OF  THE  NOTICE  PROVIDED  BY  THE  OWNER
 PURSUANT  TO  THIS SUBDIVISION DURING THE IMMEDIATELY FOLLOWING YEAR THE
 OCCUPANT SHALL HAVE THE RESPONSIBILITY TO INFORM THE OWNER OF ANY PERSON
 AT RISK THAT COMES TO RESIDE THEREIN DURING SUCH PERIOD.
   (E) THE OWNER SHALL MAKE AND MAINTAIN A RECORD OF  ALL  DUE  DILIGENCE
 INQUIRIES, IN ELECTRONIC OR HARD-COPY FORMAT, FOR A PERIOD OF SIX YEARS.
 COPIES OF SUCH RECORDS SHALL BE MADE AVAILABLE UPON REQUEST TO THE DEPU-
 TY COMMISSIONER OR HIS OR HER LOCAL DESIGNEE.
   2.  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, WHEN
 THE OWNER DETERMINES THAT A PERSON AT RISK RESIDES AT AN AFFECTED  PROP-
 ERTY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, AND THE OWNER OF AN
 AFFECTED  PROPERTY  HAS NOT PREVIOUSLY DOCUMENTED IN THE MANNER REQUIRED
 BY THE DEPUTY COMMISSIONER THAT A PROPERTY HAS BEEN DETERMINED  TO  HAVE
 ACHIEVED EITHER "LEAD-FREE" PROPERTY STATUS OR "LEAD-CONTAINED" PROPERTY
 STATUS, NOTWITHSTANDING ANY CERTIFICATION COMPLETED PURSUANT TO SUBDIVI-
 SION  TWO  OF  SECTION  THIRTEEN  HUNDRED SEVENTY-SIX OF THIS TITLE, THE

 S. 5457--A                         17
 
 OWNER SHALL THEN CAUSE AN INVESTIGATION TO BE MADE, EITHER  DIRECTLY  BY
 THE OWNER, THE OWNER'S AGENT OR EMPLOYEE, OR BY ANY OTHER PERSON AUTHOR-
 IZED  BY  THE  DEPUTY  COMMISSIONER,  TO DETERMINE WHETHER SUCH PROPERTY
 COMPLIES, AT A MINIMUM, WITH "LEAD-STABILIZED" PROPERTY STATUS. ALTERNA-
 TIVELY, THE OWNER MAY CAUSE AN INSPECTION TO BE MADE BY A PERSON TRAINED
 AND  ACCREDITED  FOR  SUCH  INSPECTIONS AS DESCRIBED IN SECTION THIRTEEN
 HUNDRED SEVENTY-FIVE OF THIS TITLE FOR THE PURPOSE OF DETERMINING WHETH-
 ER THE AFFECTED  PROPERTY  COMPLIES  WITH  EITHER  "LEAD-FREE"  PROPERTY
 STATUS OR "LEAD-CONTAINED" PROPERTY STATUS.
   (A)  THE  INVESTIGATION  TO ASCERTAIN WHETHER A PROPERTY COMPLIES WITH
 "LEAD-STABILIZED" PROPERTY STATUS SHALL OCCUR AT LEAST ONCE A  YEAR  AND
 MORE  OFTEN IF NECESSARY, SUCH AS WHEN THE OWNER KNOWS OR SHOULD REASON-
 ABLY BE AWARE THAT A PERSON AT  RISK  HAS  BECOME  AN  OCCUPANT  OF  THE
 AFFECTED PROPERTY.
   (B)  AN  INSPECTION  OR INVESTIGATION SHALL, IN ADDITION, BE CONDUCTED
 WHEN, IN THE EXERCISE OF REASONABLE CARE, AN OWNER KNOWS OR SHOULD  KNOW
 OF  A  CONDITION  THAT IS REASONABLY FORESEEABLE TO BE CONDUCIVE TO LEAD
 POISONING, OR WHEN AN OCCUPANT SPECIFICALLY REQUESTS THAT AN  INSPECTION
 OR  INVESTIGATION  BE  MADE BASED UPON HIS OR HER REASONABLE BELIEF THAT
 SUCH A CONDITION EXISTS, OR WHEN AN OCCUPANT MAKES A  COMPLAINT  TO  THE
 OWNER  CONCERNING  A  CONDITION  THAT  THE OWNER KNOWS OR SHOULD KNOW IS
 REASONABLY FORESEEABLE TO BE CONDUCIVE TO LEAD POISONING.
   (C) IN ADDITION TO ANY INVESTIGATIONS OR  INSPECTIONS  REQUIRED  UNDER
 PARAGRAPHS (A) OR (B) OF THIS SUBDIVISION, THE OWNER SHALL CAUSE SUCH AN
 INVESTIGATION  OR  INSPECTION TO BE MADE WITHIN THE THIRTY DAYS PRIOR TO
 THE LEASING, RENTAL, OR OTHER TURNOVER  OF  AN  AFFECTED  PROPERTY,  AND
 SHALL  REPORT  THE  FINDINGS  OF  THAT  INVESTIGATION  OR  INSPECTION TO
 PROSPECTIVE TENANTS IN ACCORDANCE WITH TITLE X OF THE  FEDERAL  RESIDEN-
 TIAL LEAD POISONING PREVENTION ACT AND THIS TITLE.
   (D)  THE  OWNER SHALL MAKE AND MAINTAIN A RECORD OF ALL INVESTIGATIONS
 OR INSPECTIONS CONDUCTED UNDER THIS SUBDIVISION IN A FORM PRESCRIBED  BY
 THE  DEPUTY COMMISSIONER. THE OWNER SHALL MAINTAIN SUCH RECORD, IN ELEC-
 TRONIC OR HARD-COPY FORMAT, FOR A PERIOD OF SIX YEARS.  COPIES  OF  SUCH
 RECORDS SHALL BE MADE AVAILABLE UPON REQUEST TO THE DEPUTY COMMISSIONER,
 HIS OR HER LOCAL DESIGNEE, TENANTS AND OCCUPANTS OF THE AFFECTED PROPER-
 TY, AND ANY PROSPECTIVE TENANTS OR OCCUPANTS OF THE AFFECTED PROPERTY.
   (E)  THE  OWNER  SHALL  CAUSE  A  SUMMARY  OF  SUCH  INVESTIGATION  OR
 INSPECTION REPORT, IN A FORM PRESCRIBED BY THE DEPUTY  COMMISSIONER,  TO
 BE  CONSPICUOUSLY POSTED IN A COMMON AREA OF THE DWELLING IN OR ADJACENT
 TO MAIN ENTRANCES. WHERE THERE IS MORE THAN ONE AFFECTED PROPERTY IN THE
 DWELLING, THE SUMMARY SHALL BE POSTED IN A COMMON AREA OF  THE  DWELLING
 IN, OR ADJACENT TO, THE MAIN ENTRANCE OR ENTRANCES. IN CASES WHERE IT IS
 NOT  FEASIBLE  TO POST SUCH REPORTS IN A COMMON AREA, THE OWNER OR AGENT
 SHALL DELIVER INDIVIDUAL COPIES OF SUCH SUMMARY TO EACH  AFFECTED  UNIT.
 SAID  SUMMARY  SHALL INDICATE THAT THE FULL REPORT OF SUCH INVESTIGATION
 OR INSPECTION IS AVAILABLE TO TENANTS UPON REQUEST.
   3. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,  THE
 DEPUTY  COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROP-
 ERTY IS LOCATED SHALL ORDER AN INSPECTION OF AN AFFECTED PROPERTY BY  AN
 INSPECTOR  ACCREDITED  PURSUANT  TO  THE  PROVISIONS OF SECTION THIRTEEN
 HUNDRED SEVENTY-FIVE OF THIS TITLE, AT THE EXPENSE OF THE OWNER  OF  THE
 AFFECTED  PROPERTY,  WHENEVER THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
 JURISDICTION IN WHICH SUCH PROPERTY IS  LOCATED,  RECEIVES  NOTIFICATION
 THAT  THE  AFFECTED  PROPERTY  DOES NOT REASONABLY APPEAR TO COMPLY WITH
 EITHER THE LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS
 AND THAT A PERSON AT RISK RESIDES IN THE AFFECTED PROPERTY. ANY STATE OR

 S. 5457--A                         18
 
 LOCAL AGENCY EMPLOYEES WHO HAVE OCCASION TO OBSERVE  DETERIORATED  PAINT
 OR  ANY OTHER CONDITION BELIEVED TO BE CONDUCIVE TO LEAD POISONING AT AN
 AFFECTED PROPERTY ARE AUTHORIZED  TO  REPORT,  AND  SHALL  REPORT,  SUCH
 CONDITIONS  TO THE DEPUTY COMMISSIONER'S DESIGNEE, AND IN SUCH INSTANCE,
 THE DEPUTY COMMISSIONER'S DESIGNEE SHALL REQUIRE  AN  INSPECTION  TO  BE
 MADE  OF THE AFFECTED PROPERTY. AN INSPECTION REQUIRED UNDER THIS SUBDI-
 VISION SHALL BE COMPLETED WITHIN NINETY DAYS AFTER NOTIFICATION  OF  THE
 DEPUTY  COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROP-
 ERTY IS LOCATED. IN THE EVENT SUCH INSPECTION RESULTS IN  A  FINDING  OF
 LEAD HAZARDS, A REPORT OF SUCH FINDINGS SHALL BE IMMEDIATELY TRANSMITTED
 BY THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
 JURISDICTION  IN WHICH SUCH PROPERTY IS LOCATED TO THE APPROPRIATE LOCAL
 SOCIAL SERVICES DEPARTMENT PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B
 OF THE SOCIAL SERVICES LAW.
   4. THE DEPUTY COMMISSIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE  FOR
 THE  JURISDICTION  IN  WHICH  SUCH  PROPERTY  IS LOCATED, SHALL ORDER AN
 INSPECTION OF AN AFFECTED PROPERTY  FOR  CONDITIONS  CONDUCIVE  TO  LEAD
 POISONING,  BY  AN  INSPECTOR  ACCREDITED  PURSUANT TO THE PROVISIONS OF
 SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THIS TITLE, AT THE  EXPENSE  OF
 THE  OWNER OF THE AFFECTED PROPERTY, WHENEVER THE DEPUTY COMMISSIONER OR
 THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION  IN  WHICH  SUCH
 PROPERTY IS LOCATED IS NOTIFIED THAT A PERSON AT RISK WHO RESIDES IN THE
 AFFECTED  PROPERTY  OR  SPENDS  MORE  THAN FIFTEEN HOURS PER WEEK IN THE
 AFFECTED PROPERTY HAS AN ELEVATED BLOOD LEAD LEVEL. AN INSPECTION  UNDER
 THIS  SUBDIVISION SHALL BE COMPLETED WITHIN FIFTEEN DAYS AFTER NOTIFICA-
 TION OF THE DEPUTY COMMISSIONER OR THE  DEPUTY  COMMISSIONER'S  DESIGNEE
 FOR  THE  JURISDICTION  IN  WHICH SUCH PROPERTY IS LOCATED. IN THE EVENT
 SUCH INSPECTION RESULTS IN A FINDING OF  CONDITIONS  CONDUCIVE  TO  LEAD
 POISONING, A REPORT OF SUCH FINDING SHALL BE PROMPTLY TRANSMITTED BY THE
 DEPUTY  COMMISSIONER,  OR  THE  DEPUTY  COMMISSIONER'S  DESIGNEE FOR THE
 JURISDICTION IN WHICH THE SUBJECT PROPERTY IS LOCATED, TO THE  APPROPRI-
 ATE  LOCAL  SOCIAL  SERVICES  DEPARTMENT PURSUANT TO SECTION ONE HUNDRED
 FORTY-THREE-B OF THE SOCIAL SERVICES LAW.
   5. AN OWNER OF AN AFFECTED PROPERTY AT ANY TIME  AFTER  THE  EFFECTIVE
 DATE  OF  THIS  SECTION, MAY REQUEST VOLUNTARILY THAT THE DEPUTY COMMIS-
 SIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR  THE  JURISDICTION  IN
 WHICH  SUCH  PROPERTY  IS LOCATED, CONDUCT AN INSPECTION BY AN INSPECTOR
 ACCREDITED PURSUANT TO THE PROVISIONS OF SECTION THIRTEEN HUNDRED SEVEN-
 TY-FIVE OF THIS TITLE, OF AN AFFECTED PROPERTY, AT THE  EXPENSE  OF  THE
 OWNER,  TO DETERMINE WHETHER IT COMPLIES WITH THE REQUIREMENTS FOR LEAD-
 FREE PROPERTY, LEAD-CONTAINED PROPERTY STATUS, OR LEAD-STABILIZED  PROP-
 ERTY STATUS. SUCH INSPECTION SHALL BE COMPLETED WITHIN THIRTY DAYS AFTER
 THE OWNER'S REQUEST.
   6.  THE  DEPUTY  COMMISSIONER  SHALL  ESTABLISH  A  PRIMARY PREVENTION
 INSPECTION PROGRAM IN AREAS OF HIGH RISK TO IDENTIFY AND TARGET AFFECTED
 PROPERTIES WHERE THERE ARE PERSONS WHO  MAY  BE  EXPOSED  TO  LEAD-BASED
 PAINT  HAZARDS  IN  ORDER  THAT INSPECTIONS MAY BE CONDUCTED WITHOUT THE
 RECEIPT OF A COMPLAINT OR OTHER SUCH EVENT TRIGGERING AN INSPECTION, AND
 REQUIRE FOR EACH SUCH AREA OF HIGH RISK THAT THE COUNTY COMMISSIONER  OF
 HEALTH  OR  HIS  OR  HER  OTHER LOCAL DESIGNEE, AND SUCH LOCAL MUNICIPAL
 BUILDING OR  PROPERTY  MAINTENANCE  CODE  ENFORCEMENT  OFFICIALS  HAVING
 JURISDICTION  OVER SUCH AREA AS THE DEPUTY COMMISSIONER SHALL DESIGNATE,
 PREPARE AND IMPLEMENT A STRATEGY TO:
   (A) ASSURE THAT A SUFFICIENT NUMBER OF QUALIFIED INSPECTION  PERSONNEL
 ARE AVAILABLE;

 S. 5457--A                         19
 
   (B)  IDENTIFY  THE  AFFECTED  PROPERTIES  WITH PERSONS AT RISK IN THAT
 MUNICIPALITY, CENSUS TRACT OR CENSUS BLOCK GROUP THAT ARE MOST LIKELY TO
 CONTAIN CONDITIONS CONDUCIVE TO LEAD POISONING;
   (C)  REQUIRE, AT THE OWNER'S EXPENSE, THE INSPECTION OF AFFECTED PROP-
 ERTIES FOR CONDITIONS CONDUCIVE TO LEAD POISONING; AND
   (D) REQUIRE THAT SUCH INSPECTED PROPERTIES ATTAIN LEAD-FREE, LEAD-CON-
 TAINED, OR LEAD-STABILIZED STATUS, AND  ELIMINATION  OF  ALL  CONDITIONS
 CONDUCIVE  TO  LEAD  POISONING  IN SUCH PROPERTIES, USING LEAD SAFE WORK
 PRACTICES IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
 IN PREPARING THIS PRIMARY PREVENTION INSPECTION STRATEGY, THE  RESPONSI-
 BLE OFFICIALS SHALL, AMONG OTHER FACTORS, CONSIDER REPORTS OF PERSONS AT
 RISK  WITH  ELEVATED BLOOD LEAD LEVELS IN OTHER UNITS IN A BUILDING; THE
 AGE AND MAINTENANCE HISTORY OF A BUILDING; AND ANY AVAILABLE DATA ON THE
 PRESENCE OF YOUNG CHILDREN FROM BIRTH CERTIFICATES ISSUED BY THE DEPART-
 MENT.
   7. AN INSPECTOR SHALL SUBMIT A VERIFIED REPORT OF THE  RESULT  OF  THE
 INSPECTION  CONDUCTED  PURSUANT TO SUBDIVISION TWO, THREE, FOUR, FIVE OR
 SIX OF THIS SECTION TO THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSION-
 ER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH  PROPERTY  IS  LOCATED,
 THE OWNER, AND THE TENANT, IF ANY, OF THE AFFECTED PROPERTY. SUCH REPORT
 SHALL  BE  COMPLETED  SUBJECT  TO  PENALTIES FOR PERJURY AND INCLUDE THE
 INSPECTOR'S STATE REGISTRATION  NUMBER  AND  DATE  OF  CERTIFICATION  TO
 PERFORM  SUCH  INSPECTIONS.  IN  THE  EVENT SUCH INSPECTION RESULTS IN A
 FINDING OF LEAD-BASED PAINT HAZARDS  OR  CONDITIONS  CONDUCIVE  TO  LEAD
 POISONING,  A  REPORT  OF SUCH FINDINGS SHALL BE PROMPTLY TRANSMITTED BY
 THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S  DESIGNEE  FOR  THE
 JURISDICTION  IN  WHICH  SUCH PROPERTY IS LOCATED AND TO THE APPROPRIATE
 LOCAL SOCIAL SERVICES DEPARTMENT PURSUANT TO SECTION ONE HUNDRED  FORTY-
 THREE-B OF THE SOCIAL SERVICES LAW.
   8.  UNLESS AN AFFECTED PROPERTY HAS BEEN CERTIFIED AS "LEAD-FREE PROP-
 ERTY STATUS" AS PROVIDED IN SUBDIVISION TWO OF SECTION THIRTEEN  HUNDRED
 SEVENTY  OF  THIS  TITLE,  ANY WRITTEN OR PRINTED LEASE FOR THE LEASE OR
 RENTING OF AN AFFECTED PROPERTY FOR A TERM BEGINNING AT A DATE MORE THAN
 ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS TITLE  SHALL  INCLUDE  THE
 FOLLOWING  PROVISIONS,  IN  BOTH  ENGLISH  AND  SPANISH,  IN PROMINENTLY
 DISPLAYED AND EASILY READABLE TYPE OR PRINTING:
   "THIS PROPERTY, CONSTRUCTED BEFORE JANUARY 1, 1970, MAY CONTAIN  LEAD-
 BASED  PAINT.  LEAD-BASED  PAINT, IF IT IS NOT PROPERLY REMOVED OR MAIN-
 TAINED, MAY CAUSE BRAIN DAMAGE OR OTHER SERIOUS HEALTH IMPACTS IN  CHIL-
 DREN  LESS  THAN  SEVEN YEARS OF AGE AND FETAL INJURY IN PREGNANT WOMEN.
 NEW YORK STATE LAW REQUIRES THE  LANDLORD  TO  COMPLY  WITH  MAINTENANCE
 STANDARDS  TO  AVOID  LEAD-BASED  PAINT HAZARDS. THIS PROPERTY (OWNER OR
 AGENT TO CHECK APPROPRIATE BOX):
        HAS BEEN INSPECTED BY AN INDEPENDENT  INSPECTOR  CERTIFIED  UNDER
 NEW  YORK  STATE LAW WITHIN THE PAST SIXTY DAYS AND FOUND NOT TO CONTAIN
 LEAD-BASED PAINT HAZARDS.
        HAS BEEN INVESTIGATED BY THE OWNER,  MANAGER,  OR  HIS/HER  AGENT
 WITHIN THE PAST THIRTY DAYS AND OBSERVABLE LEAD-BASED PAINT HAZARDS HAVE
 BEEN STABILIZED.
        HAS  NOT BEEN INSPECTED FOR LEAD-BASED PAINT HAZARDS.  THIS PROP-
 ERTY MAY CONTAIN LEAD-BASED PAINT HAZARDS DANGEROUS TO A CHILD LESS THAN
 SEVEN YEARS OF AGE."
   9. AT THE TIME OF THE LEASE OR RENTING OF AN AFFECTED PROPERTY WITHOUT
 A WRITTEN OR PRINTED LEASE AT A DATE MORE THAN ONE  YEAR  FOLLOWING  THE
 EFFECTIVE  DATE  OF  THIS  SECTION, THE FRONT ENTRANCEWAY OR DOOR OF THE
 AFFECTED PROPERTY SHALL BE POSTED WITH A SIGN  CONTAINING  THE  LANGUAGE

 S. 5457--A                         20

 QUOTED  IN  SUBDIVISION EIGHT OF THIS SECTION, IN BOTH ENGLISH AND SPAN-
 ISH, AND IN PROMINENTLY DISPLAYED AND EASILY READABLE TYPE OR PRINTING.
   §  1378.  ENFORCEMENT.   1. WHENEVER THE DEPUTY COMMISSIONER OR DEPUTY
 COMMISSIONER'S DESIGNEE FINDS AN AFFECTED PROPERTY TO NOT BE IN  COMPLI-
 ANCE WITH THE APPLICABLE REQUIREMENTS FOR EITHER LEAD-FREE, OR LEAD-CON-
 TAINED,  OR  LEAD-STABILIZED PROPERTY STATUS, THE DEPUTY COMMISSIONER OR
 DEPUTY COMMISSIONER'S DESIGNEE SHALL GIVE  WRITTEN  NOTICE  AND  DEMAND,
 SERVED AS PROVIDED HEREIN, FOR THE DISCONTINUANCE OF ANY CONDITION FAIL-
 ING  TO COMPLY WITH EITHER THE LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABI-
 LIZED STANDARDS IN AN AFFECTED PROPERTY WITHIN  A  SPECIFIED  PERIOD  OF
 TIME  NOT  TO  EXCEED  THIRTY  DAYS.  THE  DEPUTY COMMISSIONER OR DEPUTY
 COMMISSIONER'S DESIGNEE SHALL ALSO IMMEDIATELY  NOTIFY  THE  APPROPRIATE
 LOCAL  SOCIAL SERVICES DEPARTMENT OF THE ISSUANCE OF SUCH WRITTEN NOTICE
 AND DEMAND PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B OF  THE  SOCIAL
 SERVICES LAW.
   2.  IN  THE  EVENT  OF FAILURE TO COMPLY WITH A NOTICE AND DEMAND, THE
 DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE SHALL  CONDUCT
 A  FORMAL  HEARING  UPON DUE NOTICE IN ACCORDANCE WITH THE PROVISIONS OF
 THIS SECTION AND ON PROOF OF VIOLATION OF SUCH NOTICE AND  DEMAND  SHALL
 ORDER  THE  OWNER  OF  AN AFFECTED PROPERTY TO TAKE SPECIFIED CORRECTIVE
 ACTIONS TO HAVE THE AFFECTED PROPERTY SATISFY  THE  REQUIREMENTS,  AT  A
 MINIMUM,  OF LEAD-CONTAINED OR LEAD-STABILIZED PROPERTY AND MAY ASSESS A
 PENALTY NOT TO  EXCEED  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH
 AFFECTED  PROPERTY.  IN THE EVENT THAT SUCH FAILURE TO COMPLY CONCERNS A
 NOTICE AND DEMAND ISSUED IN  RESPONSE  TO  AN  ENVIRONMENTAL  ASSESSMENT
 UNDERTAKEN  PURSUANT  TO  SUBDIVISION  THREE OF SECTION THIRTEEN HUNDRED
 SEVENTY-SEVEN OF THIS TITLE,  THE  DEPUTY  COMMISSIONER  OR  THE  DEPUTY
 COMMISSIONER'S  DESIGNEE,  SHALL  CAUSE  THE  CONDITION TO BE REMEDIATED
 WITHIN THE NEXT THIRTY DAYS, AND MAY PLACE A LIEN ON SUCH  PROPERTY  AND
 COMMENCE  SUCH  LEGAL ACTIONS AS ARE NECESSARY TO RECOVER FROM THE OWNER
 OF SUCH PROPERTY THE DEPUTY COMMISSIONER'S  EXPENDITURES  IN  CONNECTION
 THEREWITH, INCLUDING LEGAL FEES.
   3.  A  NOTICE  REQUIRED BY THIS SECTION MAY BE SERVED UPON AN OWNER OR
 OCCUPANT OF THE DWELLING OR AGENT OF THE OWNER IN THE SAME MANNER  AS  A
 SUMMONS  IN  A CIVIL ACTION OR BY REGISTERED OR CERTIFIED MAIL TO HIS OR
 HER LAST KNOWN ADDRESS OR PLACE OF RESIDENCE.
   4. THE DEPUTY COMMISSIONER'S DESIGNEE HAVING JURISDICTION, COUNTY  AND
 CITY  COMMISSIONERS  OF HEALTH, AND LOCAL HOUSING CODE ENFORCEMENT AGEN-
 CIES DESIGNATED BY THE DEPUTY COMMISSIONER'S DESIGNEE  HAVING  JURISDIC-
 TION  OR  COUNTY  OR  CITY  COMMISSIONER  OF  HEALTH SHALL HAVE THE SAME
 AUTHORITY, POWERS AND DUTIES WITHIN THEIR  RESPECTIVE  JURISDICTIONS  AS
 HAS THE DEPUTY COMMISSIONER UNDER THE PROVISIONS OF THIS TITLE.
   5. THE DEPUTY COMMISSIONER OR DEPUTY COMMISSIONER'S REPRESENTATIVE AND
 AN  OFFICIAL  OR AGENCY SPECIFIED IN SUBDIVISION ONE OF THIS SECTION MAY
 REQUEST AND SHALL RECEIVE FROM  ALL  PUBLIC  OFFICERS,  DEPARTMENTS  AND
 AGENCIES  OF  THE  STATE AND ITS POLITICAL SUBDIVISIONS SUCH COOPERATION
 AND ASSISTANCE AS MAY BE NECESSARY OR PROPER IN THE ENFORCEMENT  OF  THE
 PROVISIONS OF THIS TITLE.
   6.  ANY  VIOLATION  OF  THE  REQUIREMENTS  OF SECTION THIRTEEN HUNDRED
 SEVENTY-SIX OF THIS TITLE SHALL  ALSO  CONSTITUTE  A  VIOLATION  OF  ANY
 MUNICIPAL  OR OTHER LOCAL HOUSING CODE AND SHALL SUBJECT THE OWNER OF AN
 AFFECTED PROPERTY TO ALL ORDERS, CRIMINAL  PENALTIES,  AND  OTHER  CIVIL
 FORFEITURES OR PENALTIES THAT ARE POSSIBLE UNDER SUCH MUNICIPAL OR LOCAL
 HOUSING CODE, AND SHALL ALSO CONSTITUTE A RENT IMPAIRING VIOLATION WITH-
 IN  THE  MEANING OF SECTION THREE HUNDRED TWO-A OF THE MULTIPLE DWELLING
 LAW AND SECTION THREE HUNDRED FIVE-A OF THE MULTIPLE RESIDENCE LAW.

 S. 5457--A                         21
 
   7. NOTHING CONTAINED IN THIS TITLE SHALL  BE  CONSTRUED  TO  ALTER  OR
 ABRIDGE  ANY  DUTIES  AND POWERS NOW OR HEREAFTER EXISTING IN THE DEPUTY
 COMMISSIONER, COUNTY BOARDS OF HEALTH, CITY AND COUNTY COMMISSIONERS  OF
 HEALTH,  THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
 OPMENT  AND  THE  DEPARTMENT  OF HEALTH, LOCAL BOARDS OF HEALTH OR OTHER
 PUBLIC AGENCIES OR PUBLIC OFFICIALS, OR ANY PRIVATE PARTY, INCLUDING THE
 POWER TO IMPOSE MORE STRINGENT MEASURES TO PROTECT PUBLIC HEALTH.
   8. THE OFFICE OF  THE  ATTORNEY  GENERAL  AND  ALL  LOCAL  AUTHORITIES
 RESPONSIBLE  FOR  THE  ENFORCEMENT  OF STATE, MUNICIPAL, AND OTHER LOCAL
 HOUSING CODES ARE HEREBY EMPOWERED TO AND SHALL VIGOROUSLY ENFORCE CIVIL
 REMEDIES AND/OR CRIMINAL PENALTIES PROVIDED FOR BY LAW  ARISING  OUT  OF
 THE  FAILURE  TO  COMPLY WITH THE REQUIREMENTS OF THIS SECTION, SECTIONS
 THIRTEEN HUNDRED SEVENTY-FIVE OR THIRTEEN HUNDRED  SEVENTY-SIX  OF  THIS
 TITLE AND MAY SEEK INJUNCTIVE RELIEF WHERE APPROPRIATE.
   9.  (A)  ANY  ADMINISTRATIVE PROCEEDING OR CIVIL OR CRIMINAL ACTION BY
 STATE OR LOCAL OFFICIALS TO ENFORCE THE PROVISIONS OF THIS SECTION SHALL
 BE REPORTED TO THE DEPUTY COMMISSIONER.
   (B) THE DEPUTY COMMISSIONER SHALL ISSUE  AN  ANNUAL  REPORT  OUTLINING
 SPECIFICALLY  THE  ENFORCEMENT ACTIONS BROUGHT PURSUANT TO THIS SECTION,
 THE IDENTITY OF THE OWNERS OF THE  AFFECTED  PROPERTIES,  THE  AUTHORITY
 BRINGING  THE ENFORCEMENT ACTION, THE NATURE OF THE ACTION, AND DESCRIB-
 ING THE CRIMINAL PENALTIES AND/OR CIVIL RELIEF.
   10. THE REMOVAL OF A TENANT FROM OR THE SURRENDER BY THE TENANT  OF  A
 DWELLING  WITH  RESPECT  TO  WHICH THE DEPUTY COMMISSIONER OR HIS OR HER
 REPRESENTATIVE, PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  HAS  GIVEN
 WRITTEN  NOTICE  AND DEMAND FOR THE DISCONTINUANCE OF A CONDITION CONDU-
 CIVE TO LEAD POISONING SHALL  NOT  ABSOLVE,  RELIEVE  OR  DISCHARGE  ANY
 PERSONS  CHARGEABLE  THEREWITH FROM THE OBLIGATION AND RESPONSIBILITY TO
 DISCONTINUE SUCH CONDITION CONDUCIVE TO  LEAD  POISONING  IN  ACCORDANCE
 WITH THE METHOD OF DISCONTINUANCE PRESCRIBED THEREFOR IN SUCH NOTICE AND
 DEMAND.
   §  1379.  INJUNCTIVE  RELIEF.   1. IF AN OWNER OF AN AFFECTED PROPERTY
 FAILS TO COMPLY WITH THE REQUIREMENTS OF SECTION THIRTEEN HUNDRED SEVEN-
 TY-SIX OF THIS TITLE, A PERSON AT RISK OR THE PARENT OR  LEGAL  GUARDIAN
 OF  A  PERSON  AT  RISK  OR OTHER INTERESTED PERSONS MAY SEEK INJUNCTIVE
 RELIEF FROM A COURT OF COMPETENT JURISDICTION AGAINST THE OWNER  OF  THE
 AFFECTED PROPERTY IN THE FORM OF A COURT ORDER TO COMPEL COMPLIANCE.
   2. A COURT SHALL NOT GRANT THE INJUNCTIVE RELIEF REQUESTED PURSUANT TO
 SUBDIVISION  ONE  OF THIS SECTION, UNLESS, AT LEAST THIRTY DAYS PRIOR TO
 THE FILING REQUESTING THE INJUNCTION, THE OWNER OF THE AFFECTED PROPERTY
 HAS RECEIVED WRITTEN NOTICE OF THE VIOLATION OF STANDARDS  CONTAINED  IN
 SECTION  THIRTEEN  HUNDRED  SEVENTY-SIX  OF THIS TITLE AND HAS FAILED TO
 BRING THE AFFECTED PROPERTY INTO COMPLIANCE WITH THE  APPLICABLE  STAND-
 ARDS.  THIS  NOTICE  TO  THE OWNER OF THE AFFECTED PROPERTY IS SATISFIED
 WHEN ANY OF THE FOLLOWING HAS OCCURRED:
   (A) A PERSON AT RISK, HIS OR HER PARENT OR LEGAL GUARDIAN,  OR  ATTOR-
 NEY,  HAS  NOTIFIED  THE OWNER OF AN AFFECTED PROPERTY THAT THE PROPERTY
 FAILS TO MEET THE REQUIREMENTS FOR EITHER LEAD-CONTAINED PROPERTY STATUS
 OR LEAD-STABILIZED PROPERTY STATUS;
   (B) THE DEPUTY COMMISSIONER, THE COMMISSIONER OF HOUSING AND COMMUNITY
 RENEWAL, OR THE DESIGNEE OF EITHER OF THESE SUCH OFFICIALS, A  MUNICIPAL
 OR  OTHER  LOCAL  AUTHORITY  WITH RESPONSIBILITY FOR ENFORCING ANY LOCAL
 HOUSING CODE OR CODES, OR A LOCAL OR MUNICIPAL DEPARTMENT OF HEALTH  HAS
 NOTIFIED  THE  OWNER  OF  THE  AFFECTED  PROPERTY  OF  VIOLATIONS OF THE
 PROVISIONS OF THIS TITLE OCCURRING WITHIN AN AFFECTED PROPERTY OR OF THE
 FAILURE TO REGISTER AND FILE REPORTS AS REQUIRED BY THIS TITLE; OR

 S. 5457--A                         22
 
   (C) A CRIMINAL OR CIVIL ACTION PURSUANT TO THIS TITLE HAS BEEN BROUGHT
 BY EITHER STATE OR LOCAL ENFORCEMENT OFFICIALS TO ENFORCE THIS TITLE.
   3. THE NOTICE REQUIREMENT OF SUBDIVISION TWO OF THIS SECTION SHALL NOT
 APPLY WITH RESPECT TO APPLICATIONS FOR PRELIMINARY INJUNCTIVE RELIEF.
   4.  A  PERSON  WHO  PREVAILS IN AN ACTION TO ENFORCE THE PROVISIONS OF
 THIS TITLE IS ENTITLED TO AN AWARD OF THE COSTS OF THE LITIGATION AND TO
 AN AWARD OF REASONABLE ATTORNEYS' FEES IN AN AMOUNT TO BE FIXED  BY  THE
 COURT.
   5.  CASES BROUGHT BEFORE THE COURT UNDER THIS SECTION SHALL BE GRANTED
 AN ACCELERATED HEARING.
   6. THE LEGAL REMEDIES CREATED UNDER THIS SECTION SHALL BE IN  ADDITION
 TO  ANY  OTHER COMMON LAW OR STATUTORY REMEDIES, WHICH MAY BE PURSUED IN
 THE SAME OR SEPARATE ACTION OR PROCEEDING.
   § 1379-A. RETALIATORY  EVICTIONS  PROHIBITED.    1.  AN  OWNER  OF  AN
 AFFECTED  PROPERTY  MAY  NOT  EVICT OR TAKE ANY OTHER RETALIATORY ACTION
 AGAINST A PERSON AT RISK OR HIS OR  HER  PARENT  OR  LEGAL  GUARDIAN  IN
 RESPONSE  TO  THE  ACTIONS  OF  THE PERSON AT RISK, HIS OR HER PARENT OR
 LEGAL GUARDIAN IN:
   (A) PROVIDING INFORMATION TO THE OWNER OF THE AFFECTED  PROPERTY,  THE
 DEPUTY  COMMISSIONER, THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL,
 OR THE DESIGNEE OF EITHER OF  THESE  OFFICIALS,  A  LOCAL  OR  MUNICIPAL
 DEPARTMENT  OF  HEALTH,  OR  A  MUNICIPAL  OR OTHER LOCAL AUTHORITY WITH
 RESPONSIBILITY FOR ENFORCING ANY LOCAL HOUSING CODE OR CODES  CONCERNING
 LEAD-BASED  PAINT  HAZARDS WITHIN AN AFFECTED PROPERTY OR ELEVATED BLOOD
 LEAD LEVELS OF A PERSON AT RISK; OR
   (B) ENFORCING ANY OF HIS OR HER RIGHTS UNDER THIS TITLE.
   2. FOR PURPOSES OF THIS SECTION, A RETALIATORY ACTION INCLUDES ANY  OF
 THE  FOLLOWING  ACTIONS IN WHICH THE ACTIVITIES PROTECTED UNDER SUBDIVI-
 SION ONE OF THIS SECTION  ARE  A  MATERIAL  FACTOR  IN  MOTIVATING  SAID
 ACTION:
   (A) A REFUSAL TO RENEW A LEASE;
   (B) TERMINATION OF A TENANCY;
   (C)  AN  ARBITRARY  RENT INCREASE OR DECREASE IN SERVICES TO WHICH THE
 PERSON AT RISK OR HIS OR HER PARENT OR LEGAL GUARDIAN IS ENTITLED; OR
   (D) ANY FORM OF CONSTRUCTIVE EVICTION.
   3. A PERSON AT RISK OR HIS OR HER PARENT OR LEGAL GUARDIAN SUBJECT  TO
 AN  EVICTION OR RETALIATORY ACTION UNDER THIS SECTION IS ENTITLED TO THE
 RELIEF AS MAY BE PROVIDED BY STATUTE AND/OR ANY  FURTHER  RELIEF  DEEMED
 JUST  AND  EQUITABLE BY THE COURT, AND IS ELIGIBLE FOR REASONABLE ATTOR-
 NEYS' FEES AND COSTS.
   § 8. The real property law is amended by adding two new sections 236-a
 and 242-a to read as follows:
   § 236-A. DISCRIMINATION AGAINST PERSONS AND FAMILIES RECEIVING  PUBLIC
 ASSISTANCE OR GOVERNMENTAL HOUSING SUBSIDIES PROHIBITED.  1. ANY PERSON,
 FIRM  OR  CORPORATION  OWNING  OR  HAVING IN CHARGE ANY APARTMENT HOUSE,
 TENEMENT HOUSE OR OTHER BUILDING OR  MANUFACTURED  HOME  PARK  USED  FOR
 DWELLING  PURPOSES  WHO  SHALL  REFUSE  TO  RENT ANY OR PART OF ANY SUCH
 BUILDING OR MANUFACTURED HOME PARK TO  ANY  PERSON  OR  FAMILY,  OR  WHO
 DISCRIMINATES  IN  THE  TERMS,  CONDITIONS,  OR  PRIVILEGES  OF ANY SUCH
 RENTAL, ON THE GROUND THAT SUCH PERSON OR FAMILY RECEIVES PUBLIC ASSIST-
 ANCE OR ANY OTHER GOVERNMENT SUBSIDY FOR PAYMENT OF RENT SHALL BE GUILTY
 OF A MISDEMEANOR AND ON CONVICTION THEREOF SHALL BE PUNISHED BY  A  FINE
 OF  NOT  LESS  THAN  FIVE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS FOR
 EACH OFFENSE.
   2.  (A) WHERE DISCRIMINATORY CONDUCT PROHIBITED BY  THIS  SECTION  HAS
 OCCURRED,  AN  AGGRIEVED  INDIVIDUAL SHALL HAVE A CAUSE OF ACTION IN ANY

 S. 5457--A                         23
 
 COURT OF COMPETENT JURISDICTION FOR DAMAGES, DECLARATORY AND  INJUNCTIVE
 RELIEF.
   (B)  IN  ALL ACTIONS BROUGHT UNDER THIS SECTION, THE COURT SHALL ALLOW
 THE PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND, UPON A  FINDING
 THAT  DEFENDANT'S  DISCRIMINATORY  CONDUCT  WAS  WILLFUL,  AN ADDITIONAL
 AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWO THOUSAND FIVE HUNDRED  DOLLARS
 SHALL BE AWARDED.
   §  242-A. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED PAINT
 PRIOR TO TRANSFER.  1. (A) EFFECTIVE JANUARY FIRST, TWO  THOUSAND  NINE-
 TEEN, THE TRANSFEROR OR GRANTOR OF ANY RESIDENTIAL REAL PROPERTY ERECTED
 PRIOR  TO  THE  YEAR NINETEEN HUNDRED SEVENTY, OR IN CITIES WITH A POPU-
 LATION OF ONE MILLION OR MORE A DWELLING ERECTED PRIOR TO THE YEAR NINE-
 TEEN HUNDRED SIXTY, SHALL PROVIDE TO THE TRANSFEREE OR GRANTEE A CERTIF-
 ICATE THAT SUCH PROPERTY HAS BEEN TESTED FOR THE PRESENCE OF  LEAD-BASED
 PAINT,  AS DEFINED IN SUBDIVISION TWENTY-SIX OF SECTION THIRTEEN HUNDRED
 SEVENTY OF THE PUBLIC HEALTH LAW, AND A REPORT OF SUCH  TEST  INDICATING
 THE  LOCATIONS  WHERE  LEAD-BASED  PAINT HAS BEEN DETECTED, IF ANY. SUCH
 TESTING SHALL NOT BE VALID  UNLESS  PERFORMED  BY  A  PERSON  ACCREDITED
 PURSUANT  TO  SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THE PUBLIC HEALTH
 LAW. A COPY OF SUCH CERTIFICATE SHALL BE FILED WITH  THE  DEPARTMENT  OF
 HEALTH.
   (B) THE PRESENTATION OF A CERTIFICATE OF SUCH TESTING BY A PRIOR OWNER
 OF SAID PROPERTY AND EVIDENCE OF FILING SUCH CERTIFICATE AND REPORT WITH
 THE  DEPARTMENT  OF  HEALTH SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE
 PROVISIONS OF THIS SUBDIVISION.
   (C) IN THE EVENT THE TRANSFEROR OR GRANTOR HAS  NOT  RECEIVED  FROM  A
 PRIOR  OWNER  A  CERTIFICATION  AND REPORT OF SUCH TESTS AS SET FORTH IN
 THIS SUBDIVISION, THE COSTS OF TESTING  FOR  LEAD-BASED  PAINT  AND  THE
 PREPARATION  OF  A  CERTIFICATE  AND  REPORT THEREOF AS PROVIDED IN THIS
 SUBDIVISION SHALL BE DEDUCTIBLE BY THE TRANSFEROR OR GRANTOR, UP TO  THE
 AMOUNT  OF  FIVE  HUNDRED  DOLLARS,  OR IN A BUILDING WITH MORE THAN ONE
 DWELLING UNIT UP TO FOUR HUNDRED DOLLARS PER DWELLING UNIT TESTED,  FROM
 THE  TAXES IMPOSED BY SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN HUNDRED
 TWO-A OF THE TAX LAW.
   2. ANY PROVISION IN A PURCHASE OFFER, CONTRACT OF SALE,  LEASE,  OFFER
 TO  LEASE,  OR ANY OTHER DOCUMENT RELATED TO THE TRANSFER OF AN INTEREST
 IN REAL PROPERTY THAT PURPORTS TO WAIVE ANY RIGHT CREATED UNDER STATE OR
 FEDERAL LAW FOR THE PURCHASER, TENANT, OR TRANSFEREE TO CONDUCT  A  RISK
 ASSESSMENT  OR  INSPECTION  OF THE PROPERTY TO DETERMINE THE PRESENCE OF
 LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR ANY ORAL  AGREEMENT
 THAT  PURPORTS  TO  WAIVE SUCH RIGHT, IS NULL AND VOID AS AGAINST PUBLIC
 POLICY, NOTWITHSTANDING THAT SUCH WAIVERS MIGHT OTHERWISE  BE  PERMITTED
 BY FEDERAL LAW.
   §  9. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 53 to read as follows:
   53. LEAD HAZARD REDUCTION TAX CREDIT. (A) TAX  CREDIT  FOR  ACTIVITIES
 RESULTING  IN  LEAD-FREE  OR  LEAD-CONTAINED STATUS. A TAXPAYER SHALL BE
 ALLOWED A CREDIT AGAINST TAX IMPOSED  BY  THIS  ARTICLE  FOR  ACTIVITIES
 NECESSARY  TO  BRING  ANY  AFFECTED PROPERTY INTO LEAD-FREE OR LEAD-CON-
 TAINED STATUS WITHIN THE MEANING OF SECTIONS  THIRTEEN  HUNDRED  SEVENTY
 AND THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED THAT
 THE  TAXPAYER  COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARAGRAPH
 (D) OF THIS SUBDIVISION.
   (B) TAX CREDIT FOR MULTIPLE  DWELLING  UNITS  LOCATED  WITHIN  MUNICI-
 PALITIES  OF MORE THAN ONE MILLION INHABITANTS. A TAXPAYER ALSO SHALL BE
 ELIGIBLE FOR THE TAX CREDIT UNDER PARAGRAPH (A) OF THIS SUBDIVISION IF A

 S. 5457--A                         24

 DWELLING UNIT THAT SATISFIES ALL THE REQUIREMENTS FOR AN AFFECTED  PROP-
 ERTY CONTAINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY OF
 THE PUBLIC HEALTH LAW BUT SUCH DWELLING UNIT IS LOCATED IN A CITY WITH A
 POPULATION  OF  ONE  MILLION  OR  MORE.  IN SUCH CASE, THE TAXPAYER MUST
 COMPLY WITH EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING  LEAD  HAZARDS
 THAT APPLY TO MULTIPLE DWELLINGS.
   (C) TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
 BILIZED STATUS. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED
 BY  THIS  ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO BRING
 ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEANING  OF
 SECTION  THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED
 THAT THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS  OR  MORE
 AND  THE  TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARA-
 GRAPH (D) OF THIS SUBDIVISION. THE DEPUTY COMMISSIONER OF  HEALTH  SHALL
 PROMULGATE  REGULATIONS  DEFINING  THOSE ACTIVITIES NECESSARY TO ACHIEVE
 LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE  OF  MORE  THAN  TEN
 YEARS.  TAXPAYERS  WHO  HAVE COMPLETED RENOVATIONS OF HABITABLE DWELLING
 UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF THE
 MULTIPLE DWELLING LAW IN A CITY OF MORE THAN ONE MILLION POPULATION ALSO
 SHALL BE ALLOWED A CREDIT  UNDER  THIS  SUBDIVISION  PROVIDED  THAT  THE
 TAXPAYER  COMPLIES  WITH SIMILAR STANDARDS IN LOCAL LAWS CONCERNING LEAD
 HAZARDS THAT APPLY TO MULTIPLE DWELLINGS.
   (D) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE.  NO CREDIT  SHALL  BE
 ALLOWED  UNDER PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION UNLESS THE
 TAXPAYER PROVIDES DOCUMENTATION TO THE  DEPUTY  COMMISSIONER  OF  HEALTH
 THAT:
   (1) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
 ACCREDITED  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED SEVENTY-FIVE OF THE
 PUBLIC HEALTH LAW;
   (2) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR  TO  NINETEEN  HUNDRED
 SEVENTY;
   (3) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
   (4)  INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
 INSPECTOR, ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED  SEVENTY-FIVE
 OF  THE PUBLIC HEALTH LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN
 COMPLETED IN  ACCORDANCE  WITH  ALL  APPLICABLE  REQUIREMENTS  AND  THAT
 EITHER:
   (A)  WHERE  APPLICABLE, THE AFFECTED PROPERTY OR PROPERTY UNIT CAN NOW
 BE CERTIFIED AS EITHER LEAD-FREE OR LEAD-CONTAINED UNDER  SECTION  THIR-
 TEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW; OR
   (B)  WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
 THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION  BY  THE  DEPUTY
 COMMISSIONER  OF  HEALTH  AS ACTIVITIES NECESSARY TO ACHIEVE LEAD-STABI-
 LIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN YEARS.
   (E) AMOUNT OF CREDIT.  THE TAX CREDIT SHALL BE  EQUAL  TO  THE  AMOUNT
 ACTUALLY  PAID  FOR THE ACTIVITIES DESCRIBED IN THIS SUBDIVISION UP TO A
 MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED  PROPERTY  FOR  A  CREDIT
 ALLOWED UNDER EITHER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION OR A MAXI-
 MUM  OF  ONE  THOUSAND  FIVE  HUNDRED DOLLARS FOR A CREDIT ALLOWED UNDER
 PARAGRAPH (C) OF THIS SUBDIVISION.
   (F) CARRY-OVER OF CREDIT.  ANY AMOUNT OF TAX CREDIT NOT  USED  IN  THE
 TAXABLE  YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO THE
 CORPORATION'S TAX LIABILITY FOR ANY ONE OR MORE OF THE  SUCCEEDING  FIVE
 TAXABLE  YEARS.    THE CREDIT MAY NOT BE APPLIED UNTIL ALL OTHER CREDITS
 AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.

 S. 5457--A                         25
 
   § 10. Section 606 of the tax law is amended by adding a new subsection
 (ccc) to read as follows:
   (CCC)  LEAD-HAZARD  REDUCTION  IN HOUSING TAX CREDIT. (1) ALLOWANCE OF
 CREDIT FOR ACTIVITIES RESULTING IN LEAD-FREE OR LEAD-CONTAINED STATUS. A
 TAXPAYER SHALL BE ALLOWED A CREDIT AS PROVIDED IN  THIS  SUBSECTION  FOR
 ACTIVITIES  NECESSARY  TO  BRING ANY AFFECTED PROPERTY INTO LEAD-FREE OR
 LEAD-CONTAINED STATUS WITHIN THE MEANING OF  SECTIONS  THIRTEEN  HUNDRED
 SEVENTY  AND  THIRTEEN  HUNDRED  SEVENTY-SIX  OF  THE PUBLIC HEALTH LAW,
 PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION  REQUIREMENTS
 OF PARAGRAPH FOUR OF THIS SUBSECTION.
   (2)  TAX  CREDIT  FOR  MULTIPLE  DWELLING UNITS LOCATED WITHIN MUNICI-
 PALITIES OF MORE THAN ONE MILLION INHABITANTS. A TAXPAYER ALSO SHALL  BE
 ELIGIBLE  FOR THE TAX CREDIT UNDER PARAGRAPH ONE OF THIS SUBSECTION IF A
 DWELLING UNIT THAT SATISFIES ALL THE REQUIREMENTS FOR AN AFFECTED  PROP-
 ERTY CONTAINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY OF
 THE PUBLIC HEALTH LAW BUT SUCH DWELLING UNIT IS LOCATED IN A CITY WITH A
 POPULATION  OF  ONE  MILLION  OR  MORE.  IN SUCH CASE, THE TAXPAYER MUST
 COMPLY WITH EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING  LEAD  HAZARDS
 THAT APPLY TO MULTIPLE DWELLINGS.
   (3) TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
 BILIZED STATUS. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED
 BY  THIS  ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO BRING
 ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEANING  OF
 SECTION  THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED
 THAT THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS  OR  MORE
 AND  THE  TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARA-
 GRAPH FOUR OF THIS SUBSECTION. THE DEPUTY COMMISSIONER OF  HEALTH  SHALL
 PROMULGATE  REGULATIONS  DEFINING  THOSE ACTIVITIES NECESSARY TO ACHIEVE
 LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE  OF  MORE  THAN  TEN
 YEARS.  TAXPAYERS  WHO  HAVE COMPLETED RENOVATIONS OF HABITABLE DWELLING
 UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF THE
 MULTIPLE DWELLING LAW IN A CITY OF MORE THAN ONE MILLION POPULATION ALSO
 SHALL BE ALLOWED A CREDIT UNDER THIS PARAGRAPH PROVIDED THAT THE TAXPAY-
 ER COMPLIES WITH SIMILAR STANDARDS IN LOCAL LAWS CONCERNING LEAD HAZARDS
 THAT APPLY TO MULTIPLE DWELLINGS.
   (4) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO  CREDIT  SHALL  BE
 ALLOWED  UNDER PARAGRAPH ONE, TWO OR THREE OF THIS SUBSECTION UNLESS THE
 TAXPAYER PROVIDES DOCUMENTATION TO THE  DEPUTY  COMMISSIONER  OF  HEALTH
 THAT:
   (A) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
 ACCREDITED  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED SEVENTY-FIVE OF THE
 PUBLIC HEALTH LAW;
   (B) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR  TO  NINETEEN  HUNDRED
 SEVENTY;
   (C) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
   (D)  INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
 INSPECTOR, ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED  SEVENTY-FIVE
 OF  THE PUBLIC HEALTH LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN
 COMPLETED IN  ACCORDANCE  WITH  ALL  APPLICABLE  REQUIREMENTS  AND  THAT
 EITHER:
   (I)  WHERE  APPLICABLE,  THE AFFECTED PROPERTY CAN NOW BE CERTIFIED AS
 EITHER LEAD-FREE OR LEAD-CONTAINED UNDER SECTION THIRTEEN HUNDRED SEVEN-
 TY-SIX OF THE PUBLIC HEALTH LAW; OR
   (II) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
 THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION  BY  THE  DEPUTY

 S. 5457--A                         26
 
 COMMISSIONER  OF  HEALTH  AS ACTIVITIES NECESSARY TO ACHIEVE LEAD-STABI-
 LIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN YEARS.
   (5)  THE  TAX CREDIT PURSUANT TO THIS SUBSECTION SHALL BE AVAILABLE TO
 SOMEONE WHO OWNS AND OCCUPIES HIS OR HER OWN DWELLING UNIT IN  THE  SAME
 MANNER  AND  TO  THE  SAME  EXTENT AS IT IS AVAILABLE TO THE OWNER OF AN
 AFFECTED PROPERTY WHO LEASES THE PREMISES.
   (6) AMOUNT OF CREDIT. THE TAX CREDIT SHALL  BE  EQUAL  TO  THE  AMOUNT
 ACTUALLY  PAID  FOR  THE ACTIVITIES DESCRIBED IN THIS SUBSECTION UP TO A
 MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED  PROPERTY  FOR  A  CREDIT
 ALLOWED  UNDER EITHER PARAGRAPH ONE OR TWO OF THIS SUBSECTION OR A MAXI-
 MUM OF ONE THOUSAND FIVE HUNDRED DOLLARS  FOR  A  CREDIT  ALLOWED  UNDER
 PARAGRAPH THREE OF THIS SUBSECTION.
   (7)  APPLICATION  OF  CREDIT. ANY AMOUNT OF TAX CREDIT NOT USED IN THE
 TAXABLE YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO  THE
 INDIVIDUAL'S  TAX  LIABILITY  FOR ANY ONE OR MORE OF THE SUCCEEDING FIVE
 TAXABLE YEARS. THE CREDIT MAY NOT BE APPLIED  UNTIL  ALL  OTHER  CREDITS
 AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.
   §  11.  The state finance law is amended by adding a new section 99-bb
 to read as follows:
   §  99-BB.  RESIDENTIAL  PROPERTY  LEAD-BASED  PAINT  HAZARD  ABATEMENT
 REVOLVING LOAN FUND.  1. THERE IS CREATED, AS A SEPARATE FUND WITHIN THE
 GENERAL  FUND, A FUND TO BE KNOWN AS THE RESIDENTIAL PROPERTY LEAD-BASED
 PAINT HAZARD ABATEMENT REVOLVING LOAN FUND. SUCH FUND SHALL  CONSIST  OF
 PROCEEDS  RECEIVED FROM THE SALE OF BONDS PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION, AND ANY SUMS THAT THE STATE MAY FROM  TIME  TO  TIME  DEEM
 APPROPRIATE,  AS  WELL  AS DONATIONS, GIFTS, BEQUESTS, OR OTHERWISE FROM
 ANY PUBLIC OR PRIVATE SOURCE, WHICH MONEY IS INTENDED TO  ASSIST  OWNERS
 OF  RESIDENTIAL PROPERTIES IN MEETING THE STANDARDS FOR EITHER LEAD-FREE
 OR LEAD-CONTAINED CERTIFICATION PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
 SEVENTY-SIX  OF  THE  PUBLIC  HEALTH  LAW, OR, FOR MULTIPLE DWELLINGS IN
 CITIES OF ONE MILLION POPULATION OR MORE,  COMPLIANCE  WITH  LOCAL  LAWS
 CONCERNING  THE  CONTROL  OF  LEAD-BASED  PAINT HAZARDS IN SUCH MULTIPLE
 DWELLINGS.
   2. THE STATE SHALL ISSUE BONDS IN AN AMOUNT SPECIFIED FOR THE  PURPOSE
 OF FUNDING THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
   (A)  ANY  BONDS  ISSUED  OR  TO BE ISSUED PURSUANT TO THIS SUBDIVISION
 SHALL BE SUBJECT TO ALL THE REQUIREMENTS AND CONDITIONS  ESTABLISHED  BY
 THE STATE FOR THE SALE OF BONDS.
   (B)  THE  INTEREST  RATE  AND  OTHER TERMS UPON WHICH BONDS ARE ISSUED
 PURSUANT TO THIS SUBDIVISION SHALL NOT CREATE A  PROSPECTIVE  OBLIGATION
 OF  THE  STATE  OF NEW YORK IN EXCESS OF THE AMOUNT OF REVENUES THAT CAN
 REASONABLY BE EXPECTED FROM THE LOAN REPAYMENTS, INTEREST ON SUCH LOANS,
 AND FEES THAT THE STATE OF NEW YORK  CAN  REASONABLY  EXPECT  TO  CHARGE
 UNDER  THE  PROVISIONS  OF  TITLE  TEN OF ARTICLE THIRTEEN OF THE PUBLIC
 HEALTH LAW.
   (C) ALL MONEY RECEIVED FROM THE SALE OF BONDS SHALL BE DEPOSITED  INTO
 THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
   3. THE COMPTROLLER SHALL CONTRACT FOR THE ADMINISTRATION AND DISBURSE-
 MENT OF FUNDING. THE DEPUTY COMMISSIONER OF HEALTH SHALL ADOPT RULES AND
 REGULATIONS WHICH PROVIDE FOR THE ORDERLY AND EQUITABLE DISBURSEMENT AND
 REPAYMENT OF FUNDS.
   4.  FUNDS  PLACED  IN THE RESIDENTIAL PROPERTY LEAD-BASED PAINT HAZARD
 ABATEMENT REVOLVING LOAN FUND SHALL BE MADE AVAILABLE, AT THE DISCRETION
 OF THE DEPUTY COMMISSIONER OF HEALTH, TO THE OWNERS OF AFFECTED  PROPER-
 TIES  INCLUDING  THOSE  LOCATED  WITHIN  MUNICIPALITIES OF MORE THAN ONE
 MILLION INHABITANTS, AND TO NON-PROFIT ORGANIZATIONS FOR THE PURPOSE  OF

 S. 5457--A                         27
 
 BRINGING  AFFECTED  PROPERTIES  INTO  COMPLIANCE  WITH THE STANDARDS FOR
 LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS AS  SPECI-
 FIED  BY  SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW,
 OR, FOR MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION OR
 MORE,  COMPLIANCE  WITH  LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED
 PAINT HAZARDS IN SUCH MULTIPLE DWELLINGS. AN  OWNER  OF  A  PRE-NINETEEN
 HUNDRED  SEVENTY  PROPERTY WHO OWNS AND OCCUPIES THE DWELLING UNIT SHALL
 BE ELIGIBLE FOR LOANS UNDER THIS SECTION IN THE SAME MANNER, AND TO  THE
 SAME EXTENT, AS AN OWNER OF AN AFFECTED PROPERTY.
   5.  LOANS  MADE  AVAILABLE UNDER THE PROVISIONS OF THIS SECTION MAY BE
 MADE DIRECTLY, OR IN COOPERATION WITH OTHER PUBLIC AND PRIVATE  LENDERS,
 OR  ANY  AGENCY,  DEPARTMENT, OR BUREAU OF THE FEDERAL GOVERNMENT OR THE
 STATE.
   6. THE PROCEEDS FROM THE REPAYMENT OF ANY LOANS MADE FOR THAT  PURPOSE
 SHALL  BE  DEPOSITED  IN  AND  RETURNED TO THE RESIDENTIAL PROPERTY LEAD
 ABATEMENT REVOLVING LOAN FUND TO CONSTITUTE A CONTINUING REVOLVING  FUND
 FOR THE PURPOSES PROVIDED IN THIS SECTION.
   7. THE DEPUTY COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL TAKE
 ANY  ACTION  NECESSARY  TO  OBTAIN  FEDERAL  ASSISTANCE  FOR LEAD HAZARD
 REDUCTION TO BE USED IN CONJUNCTION WITH THE RESIDENTIAL  PROPERTY  LEAD
 ABATEMENT REVOLVING LOAN FUND.
   §  12.  Paragraph  a of subdivision 2 of section 302-a of the multiple
 dwelling law, as added by chapter 911 of the laws of 1965, is amended to
 read as follows:
   a. A "rent impairing" violation within the  meaning  of  this  section
 shall designate a condition in a multiple dwelling which, in the opinion
 of  the  department,  constitutes,  or  if  not promptly corrected, will
 constitute, a fire hazard, A LEAD-BASED PAINT HAZARD WITHIN THE  MEANING
 OF  SUBDIVISION  TWENTY-SEVEN OF SECTION THIRTEEN HUNDRED SEVENTY OF THE
 PUBLIC HEALTH LAW, or a serious threat to the life, health or safety  of
 occupants thereof.
   §  13.  Paragraph  a of subdivision 2 of section 305-a of the multiple
 residence law, as added by chapter 291 of the laws of 1966,  is  amended
 to read as follows:
   a.  A  "rent  impairing"  violation within the meaning of this section
 shall designate a condition in a multiple dwelling which, in the opinion
 of the state building code council,  constitutes,  or  if  not  promptly
 corrected,  will  constitute,  a  fire hazard, A LEAD-BASED PAINT HAZARD
 WITHIN THE MEANING  OF  SUBDIVISION  TWENTY-SEVEN  OF  SECTION  THIRTEEN
 HUNDRED  SEVENTY  OF  THE  PUBLIC HEALTH LAW, or a serious threat to the
 life, health or safety of occupants thereof.
   § 14. The social services law is amended by adding a new section 131-y
 to read as follows:
   § 131-Y. SUPPLEMENTAL SHELTER ALLOWANCE. EVERY PUBLIC WELFARE OFFICIAL
 SHALL PAY, IN ADDITION TO THE SHELTER ALLOWANCE  COMPONENTS  ESTABLISHED
 BY  THE  DEPARTMENT PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
 TITLE, A SUPPLEMENTAL SHELTER ALLOWANCE FOR UNITS FOR  WHICH  THE  OWNER
 HAS  SUBMITTED  DOCUMENTATION  CERTIFYING  THAT  THE DWELLING UNIT IS IN
 COMPLIANCE WITH SUBDIVISION SEVEN OF SECTION ONE  HUNDRED  FORTY-THREE-B
 OF THIS TITLE. THIS MONTHLY LEAD-SAFE HOUSING SUPPLEMENT SHALL BE IN THE
 AMOUNT OF FIFTY DOLLARS FOR EFFICIENCY OR ONE-BEDROOM UNITS; ONE HUNDRED
 DOLLARS  FOR TWO-BEDROOM UNITS; ONE HUNDRED FIFTY DOLLARS FOR THREE-BED-
 ROOM UNITS; AND  TWO  HUNDRED  DOLLARS  FOR  UNITS  WITH  FOUR  OR  MORE
 BEDROOMS;  OR  SUCH  HIGHER  AMOUNTS  AS THE DEPARTMENT MAY ESTABLISH BY
 REGULATION AS APPROPRIATE TO INDUCE LANDLORDS IN  HIGH  RISK  LEAD-PAINT
 POISONING  AREAS  TO  VOLUNTARILY  REMOVE  LEAD-PAINT HAZARDS FROM THEIR

 S. 5457--A                         28
 
 UNITS USING LEAD SAFE WORK PRACTICES. THIS SUPPLEMENTAL  SHELTER  ALLOW-
 ANCE  FOR  LEAD-SAFE HOUSING SHALL BE PAID FOR A PERIOD OF TWELVE MONTHS
 FOLLOWING THE SUBMISSION OF THE MOST RECENT CERTIFICATION OF  COMPLIANCE
 AND  SHALL  BE  RENEWED  FOR  SUBSEQUENT  TWELVE  MONTH PERIODS UPON THE
 SUBMISSION OF FURTHER  CERTIFICATIONS  OF  COMPLIANCE  BASED  UPON  MORE
 RECENT INSPECTIONS.
   §  15.  Subdivision  2 of section 143-b of the social services law, as
 added by chapter 997 of the laws of 1962, is amended and a new  subdivi-
 sion 7 is added to read as follows:
   2.  Every  public welfare official shall have power to and [may] SHALL
 withhold the payment of any such rent in any case where he has knowledge
 that there exists or there  is  outstanding  any  violation  of  law  in
 respect  to  the building containing the housing accommodations occupied
 by the person entitled to such assistance which is dangerous,  hazardous
 or  detrimental to life or health. A report of each such violation shall
 be made to the appropriate public welfare department by the  appropriate
 department or agency having jurisdiction over violations.
   7. NO STATE OR LOCAL AGENCY SHALL ARRANGE TO PLACE A FAMILY CONSISTING
 OF  A  PERSON  OR  PERSONS  UNDER SEVEN YEARS OF AGE OR A KNOWN PREGNANT
 WOMAN IN ANY DWELLING UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED  SEVEN-
 TY, OR, IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, ANY DWELLING
 UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED SIXTY, FOR WHICH RENT IS PAID
 IN  ANY  PART  WITH STATE FUNDS UNLESS SUCH DWELLING UNIT HAS BEEN FIRST
 INSPECTED BY A PERSON ACCREDITED PURSUANT TO  SECTION  THIRTEEN  HUNDRED
 SEVENTY-FIVE  OF  THE  PUBLIC  HEALTH  LAW, AND DETERMINED TO BE FREE OF
 LEAD-BASED HAZARDS, AS DEFINED BY SUBDIVISION  TWENTY-SEVEN  OF  SECTION
 THIRTEEN HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW, AND UNLESS SUCH AGEN-
 CY  HAS  FIRST  OBTAINED  APPROPRIATE  DOCUMENTATION  ACCEPTABLE  TO THE
 COMMISSIONER THAT SUCH DWELLING UNIT IS IN COMPLIANCE WITH THE  REQUIRE-
 MENTS  OF SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW,
 OR, FOR MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION OR
 MORE, IN COMPLIANCE WITH LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED
 PAINT HAZARDS IN SUCH MULTIPLE DWELLINGS.  A  WRITTEN  REPORT  SHALL  BE
 PREPARED  OF  ANY  INSPECTION PERFORMED PURSUANT TO THIS SUBDIVISION AND
 SHALL BE PROVIDED TO THE FAMILY.
   § 16. Section 390-a of the social services law is amended by adding  a
 new subdivision 6 to read as follows:
   6.  NO  LICENSE  OR  REGISTRATION  SHALL BE ISSUED TO A CHILD DAY CARE
 CENTER, A FAMILY DAY CARE HOME, OR A GROUP FAMILY DAY CARE HOME  AND  NO
 SUCH  REGISTRATION  SHALL  BE  RENEWED UNTIL IT CAN BE DEMONSTRATED THAT
 THOSE PORTIONS OF THE FACILITY IN WHICH  SUCH  CHILD  DAY  CARE  CENTER,
 FAMILY DAY CARE HOME, OR GROUP FAMILY DAY CARE HOME IS LOCATED AND THOSE
 PORTIONS  OF  SUCH  FACILITY  THAT ARE READILY ACCESSIBLE TO CHILDREN IN
 SUCH CHILD DAY CARE CENTER, FAMILY DAY CARE HOME, OR  GROUP  FAMILY  DAY
 CARE  HOME,  MEET THE STANDARDS FOR LEAD-FREE PROPERTY STATUS, LEAD-CON-
 TAINED PROPERTY STATUS, OR LEAD-STABILIZED PROPERTY STATUS SET FORTH  IN
 SECTION  THIRTEEN  HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, OR, FOR
 MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION  OR  MORE,
 WITH  ALL  LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED PAINT HAZARDS
 THAT APPLY TO MULTIPLE DWELLING UNITS WHERE CHILDREN RESIDE.
   § 17. The insurance law is amended by adding a  new  section  3441  to
 read as follows:
   §  3441. INSURANCE COVERAGE FOR LEAD POISONING. (A) FOR THE PURPOSE OF
 THIS SECTION, THE TERM "AFFECTED PROPERTY" SHALL MEAN A ROOM OR GROUP OF
 ROOMS WITHIN A PROPERTY CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY,  OR
 CONSTRUCTED BEFORE NINETEEN HUNDRED SIXTY IN CITIES WITH A POPULATION OF

 S. 5457--A                         29
 
 ONE  MILLION  OR MORE, THAT FORM A SINGLE INDEPENDENT HABITABLE DWELLING
 UNIT FOR OCCUPATION BY ONE OR MORE INDIVIDUALS THAT HAS  LIVING  FACILI-
 TIES  WITH  PERMANENT  PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING,
 AND SANITATION. "AFFECTED PROPERTY" SHALL NOT INCLUDE:
   (1) AN AREA NOT USED FOR LIVING, SLEEPING, EATING, COOKING, OR SANITA-
 TION,  SUCH AS AN UNFINISHED BASEMENT, THAT IS NOT READILY ACCESSIBLE TO
 CHILDREN UNDER SEVEN YEARS OF AGE;
   (2) A UNIT WITHIN A HOTEL, MOTEL, OR  SIMILAR  SEASONAL  OR  TRANSIENT
 FACILITY  UNLESS  SUCH  UNIT IS OCCUPIED BY ONE OR MORE  PERSONS AT RISK
 FOR A PERIOD EXCEEDING THIRTY DAYS;
   (3) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
   (4) HOUSING FOR THE ELDERLY,  OR  A  RESIDENTIAL  PROPERTY  DESIGNATED
 EXCLUSIVELY  FOR  PERSONS WITH DISABILITIES; EXCEPT THIS EXEMPTION SHALL
 NOT APPLY IF A PERSON AT RISK RESIDES OR IS EXPECTED TO  RESIDE  IN  THE
 DWELLING UNIT OR VISITS THE DWELLING UNIT ON A REGULAR BASIS; OR
   (5)  AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO BE
 DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL  REMAIN  UNOCCU-
 PIED UNTIL DEMOLITION.
   FOR  THE  PURPOSE  OF THIS SECTION, THE TERM "AFFECTED PROPERTY" SHALL
 NOT MEAN ANY PROPERTY OWNED OR OPERATED BY A UNIT OF FEDERAL, STATE,  OR
 LOCAL GOVERNMENT, OR ANY PUBLIC, QUASI-PUBLIC, OR MUNICIPAL CORPORATION,
 BUT  DOES  INCLUDE  PRIVATELY-OWNED PROPERTIES THAT RECEIVE GOVERNMENTAL
 RENTAL ASSISTANCE.
   (B) AFTER  FOURTEEN  MONTHS  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  NO  INSURER LICENSED OR PERMITTED BY THE DEPARTMENT TO PROVIDE
 LIABILITY COVERAGE TO RENTAL PROPERTY OWNERS SHALL  EXCLUDE,  EXCEPT  AS
 OTHERWISE PROVIDED BY THIS SECTION, AN AFFECTED PROPERTY COVERED UNDER A
 POLICY  COVERAGE  FOR LOSSES OR DAMAGES CAUSED BY EXPOSURE TO LEAD-BASED
 PAINT.  THE DEPARTMENT SHALL NOT PERMIT, AUTHORIZE OR APPROVE ANY EXCLU-
 SION FOR INJURY OR DAMAGE RESULTING FROM EXPOSURE TO  LEAD-BASED  PAINT,
 EXCEPT AS SPECIFICALLY PROVIDED FOR IN LAW, THAT WAS NOT IN EFFECT AS OF
 THE  EFFECTIVE  DATE OF THIS SECTION, AND ALL PREVIOUSLY APPROVED EXCLU-
 SIONS SHALL TERMINATE ON OR BEFORE FOURTEEN MONTHS FOLLOWING THE  EFFEC-
 TIVE DATE OF THIS SECTION.
   (C)  ALL  INSURERS  ISSUING  LIABILITY  INSURANCE  POLICIES, INCLUDING
 COMMERCIAL LINES INSURANCE POLICIES, PERSONAL LINES INSURANCE  POLICIES,
 AND/OR  ANY  OTHER  POLICIES,  COVERING  AFFECTED PROPERTIES SHALL OFFER
 COVERAGE FOR BODILY INJURY CAUSED BY EXPOSURE TO LEAD-BASED PAINT.
   (D) RATES FOR THE COVERAGE SPECIFIED IN SUBSECTION (C) OF THIS SECTION
 SHALL BE APPROVED BY THE SUPERINTENDENT USING THE FOLLOWING STANDARDS:
   (1) SUCH RATES MUST NOT BE EXCESSIVE, INADEQUATE, OR UNFAIRLY  DISCRI-
 MINATORY; AND
   (2) IN ESTABLISHING SUCH RATES, CONSIDERATION WILL BE GIVEN TO:
   (A) PAST AND PROSPECTIVE LOSS EXPERIENCE;
   (B) A REASONABLE MARGIN FOR PROFITS AND CONTINGENCIES;
   (C) PAST AND PROSPECTIVE EXPENSES;
   (D) SUCH OTHER DATA AS THE DEPARTMENT MAY DEEM NECESSARY;
   (E) THE PAST HISTORY OF THE OWNER WITH REGARD TO LEAD POISONING OR ANY
 OTHER  LIABILITY OR VIOLATIONS OF ORDINANCES OR STATUTES RELATING TO THE
 AFFECTED PROPERTY OR  SIMILAR  PROPERTIES  REASONABLY  BELIEVED  BY  THE
 INSURER TO BE RELEVANT; AND
   (F)  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  EITHER  SECTION THIRTEEN
 HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW OR, FOR MULTIPLE  DWELLINGS
 IN  CITIES WITH A POPULATION OF ONE MILLION OR MORE, WITH ALL LOCAL LAWS
 CONCERNING THE CONTROL OF LEAD-BASED  PAINT  HAZARDS  IN  SUCH  MULTIPLE
 DWELLINGS.

 S. 5457--A                         30
 
   (E)  THE  DEPARTMENT  SHALL  DETERMINE  WITHIN TWO YEARS FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION THE AVAILABILITY IN THE STATE OF  LIABIL-
 ITY  PERSONAL  INJURY/BODILY INJURY COVERAGE DESCRIBED IN SUBSECTION (B)
 OF THIS SECTION, AND MAY IF SUCH COVERAGE IS  NOT  GENERALLY  AVAILABLE,
 ESTABLISH  A MARKET ASSISTANCE PLAN OR TAKE OTHER MEASURES TO ASSURE THE
 AVAILABILITY OF SUCH COVERAGE THAT OFFERS A LIABILITY LIMIT WHICH IS  AT
 LEAST THREE HUNDRED THOUSAND DOLLARS OR SHALL REQUIRE THAT SUCH COVERAGE
 BE MADE AVAILABLE THROUGH A JOINT UNDERWRITING PLAN.
   (F) AN OWNER MAY NOT ASSIGN LIABILITY NOR REQUIRE A TENANT TO LIMIT OR
 WAIVE  LIABILITY  AND ANY SUCH LIMIT OR WAIVER SHALL BE VOID AS CONTRARY
 TO THE PUBLIC POLICY OF NEW YORK STATE.
   (G) THE SUPERINTENDENT SHALL, WITHIN TWELVE MONTHS AFTER THE EFFECTIVE
 DATE OF THIS SECTION:
   (1) ADOPT RULES FOR AND  ISSUE  AN  ADVISORY  BULLETIN  TO  ALL  STATE
 LICENSED,  ADMITTED  INSURERS  PROVIDING LIABILITY COVERAGE FOR PROPERTY
 OWNERS REGARDING THEIR RESPONSIBILITIES UNDER THIS SECTION; AND
   (2) ADOPT RULES FOR AND  ISSUE  AN  ADVISORY  BULLETIN  TO  ALL  STATE
 LICENSED  INSURANCE  AGENTS AND BROKERS OUTLINING THE PROVISIONS OF THIS
 SECTION AND THE NEW REQUIREMENTS FOR STATE LICENSED, ADMITTED INSURERS.
   § 18. This act shall take effect immediately.