NY State Senate Bill 2021-S5259

Senate Bill S5259

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Mar 01, 2021	referred to housing, construction and community development

2021-S5259 (ACTIVE) - Details

See Assembly Version of this Bill:: A6093
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add §§402-f & 402-g, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5053, A7054
2023-2024: S4376

2021-S5259 (ACTIVE) - Summary

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

2021-S5259 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5259

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the public housing law, in relation to water contam-
ination, lead paint and air quality testing in New York city housing
authority buildings

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve the frequency of paint, water and air quality testing in
NYCHA buildings, in order to prevent lead and other containments from
adversely affecting the health of the residents.

 
SUMMARY OF PROVISIONS:

Adds two new sections to the Public Housing Law, 402-e and 402-f, that
would require annual water and paint testing to monitor for lead or
copper contamination, and to conduct annual indoor air quality testing
to monitor for air quality in each building under the jurisdiction of

the New York City Housing Authority.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended version includes testing for lead paint in addition to air and
water testing.

 
JUSTIFICATION:

Lead and other containments found in paint and drinking water have been
proven to adversely affect mental and physical development in children
including developmental delays, damage to the nervous system, kidneys,
and decreased bone and muscle growth. Additionally, poor air quality,
including the growth of different molds, can negatively affect the
health of apartment residents which can lead to infections, and develop-
ment of chronic lung diseases such as asthma.

This bill requires that water and air quality is tested annually in all
buildings under the authority of NYCHA, leading to better awareness and
treatment of dangerous water and air conditions that can negatively
affect the health of all residents.

 
PRIOR LEGISLATIVE HISTORY:

2020 S5053-A REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
2020 A7054-A referred to housing

2019 S5053-A REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
2019 A7054-A referred to housing

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediate

2021-S5259 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5259
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the public housing law, in relation to water contam-
   ination, lead paint and air quality testing in New York  city  housing
   authority buildings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public  housing  law  is  amended  by  adding  two  new
 sections 402-f and 402-g to read as follows:
   §  402-F.  WATER CONTAMINATION, LEAD PAINT AND AIR QUALITY TESTING. 1.
 THE NEW YORK CITY HOUSING AUTHORITY SHALL PROVIDE FOR ANNUAL WATER TEST-
 ING TO MONITOR FOR LEAD OR COPPER CONTAMINATION IN  THE  WATER  OF  EACH
 BUILDING  UNDER  THE  JURISDICTION OF THE AUTHORITY. THE AUTHORITY SHALL
 TRANSMIT A COPY OF SUCH RESULTS  TO  THE  COMMISSIONER  OF  HEALTH.  FOR
 PURPOSES  OF THIS SECTION, TAP WATER SHALL BE CONSIDERED CONTAMINATED IF
 SUCH WATER EXCEEDS THE LEAD OR COPPER ACTION LEVEL BASED  ON  FIRST-DRAW
 TAP  SAMPLES  AS  PROVIDED IN RULES AND REGULATIONS OF THE DEPARTMENT OF
 HEALTH AUTHORIZED UNDER SECTION TWO HUNDRED ONE  OF  THE  PUBLIC  HEALTH
 LAW.
   2.  THE  AUTHORITY,  IN  CONJUNCTION  WITH THE COMMISSIONER OF HEALTH,
 SHALL CONDUCT LEAD PAINT TESTING TO MONITOR FOR  THE  PRESENCE  OF  LEAD
 PAINT  IN  EACH  BUILDING  UNDER  THE JURISDICTION OF THE AUTHORITY. THE
 AUTHORITY SHALL PROVIDE NOTICE TO ALL TENANTS WHERE SUCH  TESTING  INDI-
 CATES THE PRESENCE OF LEAD PAINT IN A BUILDING UNDER THE JURISDICTION OF
 THE AUTHORITY.
   3. THE AUTHORITY, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH SHALL
 BE  REQUIRED TO CONDUCT ANNUAL INDOOR AIR QUALITY TESTING TO MONITOR FOR
 AIR QUALITY IN EACH BUILDING UNDER THE JURISDICTION  OF  THE  AUTHORITY.
 THE  AUTHORITY SHALL TRANSMIT A COPY OF SUCH RESULTS TO THE COMMISSIONER
 OF HEALTH. THE AUTHORITY SHALL PROVIDE NOTICE TO ALL TENANTS WHERE  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05151-01-1

 S. 5259                             2
 
 AIR  QUALITY  TEST RESULTS EXCEED DEPARTMENT OF HEALTH INDOOR AIR GUIDE-
 LINES OR THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION.
   4.  THE  AUTHORITY  SHALL  BE CIVILLY LIABLE FOR ACTUAL DAMAGES OF ANY
 TENANT, IF IT IS DETERMINED THAT SUCH TENANT HAS SUFFERED ADVERSE HEALTH
 CONDITIONS CAUSED BY THE INDOOR AIR  QUALITY,  LEAD  PAINT  PRESENCE  OR
 WATER CONTAMINATION OF A BUILDING UNDER THE JURISDICTION OF THE AUTHORI-
 TY.
   §  402-G.  FALSIFYING  AUTHORITY RECORDS NOTIFICATION. 1. THE NEW YORK
 CITY HOUSING AUTHORITY SHALL PROVIDE INFORMATION TO ALL  EMPLOYEES  THAT
 ANY  EMPLOYEE OF THE AUTHORITY WHO FALSIFIES RECORDS, INCLUDING, BUT NOT
 LIMITED TO: (A) PROVIDING INACCURATE WATER CONTAMINATION  RESULTS,  LEAD
 PAINT  TEST  RESULTS  OR  INDOOR AIR QUALITY REPORTS; (B) FALSIFYING ANY
 SIGNATURE; OR (C) MAKING A FALSE ENTRY IN OR FALSELY ALTERING ANY RECORD
 OR OTHER WRITTEN INSTRUMENT FILED WITH THE AUTHORITY SHALL BE GUILTY  OF
 TAMPERING  WITH  PUBLIC RECORDS IN THE SECOND DEGREE PURSUANT TO SECTION
 175.20 OF THE PENAL LAW.
   2. THE AUTHORITY SHALL  REFER  ANY  CASE  OF  AN  EMPLOYEE  FALSIFYING
 RECORDS TO LOCAL LAW ENFORCEMENT.
   § 2. This act shall take effect immediately.

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