Transcript Document

LEAD POISONING IN NEW YORK
STATE: Issues and Opportunities
March 16, 2006
Albany Law School
PROPOSED LEGISLATION
TO ADDRESS NEW YORK
STATE’S NEED FOR
PRIMARY PREVENTION
PROPOSED LEGISLATION:
The Childhood Lead
Poisoning Prevention
and Safe Housing Act
A. 4201-B / S. 2513-B
Introduced in 2005 by
Assemblyman David Gantt and
Senator Joseph Robach
THE PERCEPTION THAT HAS THWARTED
ADOPTION OF LEGISLATION:
•The Problem is TOO BIG -( “We couldn’t possibly inspect all of the housing
in the state.” )
OR
•The Problem is TOO SMALL –
( “We’ve already passed legislation that is
eliminating lead poisoning.” )
ADDRESSING THE GAPS:
Bodies versus Buildings:
• The current state statute (the Public Health
Law) has no meaningful primary prevention
mechanism
• Under the current statutes and
implementing regulations, buildings don’t get
inspected until a child has already been
poisoned.
• Only New York City (and now Rochester)
require that buildings be inspected before a
child has been poisoned.
Isn’t there already a state building code
that addresses lead paint hazards?
No. The state’s Property Maintenance Code
code does not address lead-paint hazards
at all.
The state treats all “deteriorated paint”
conditions the same.
But doesn’t requiring owners to fix
deteriorated paint assure that the
housing is safe?
No. The state code has NO provisions to cite
for lead hazards from:
– INTACT PAINT HAZARDS such as friction,
impact and chewable surfaces
– SOIL and LEAD-DUST Hazards.
In fact, the current code threatens to do more
harm than good –
– it does not include any Lead Safe Work
Practice requirements.
What about local building codes -- don’t they adequately address
the problem?
• No. Only New York City and the City of
Rochester have requirements specifically
requiring inspections for lead paint hazards.
• Under the state law, a local building code
(outside of NYC) may have to be approved by
the Department of State’s “Building Codes
Council.”
OVERVIEW OF THE
PROPOSED LEGISLATION:
•
The legislation would target the areas where
we know lead paint hazards exist.
•
The legislation also reduces the level for
triggering an “intervention” inspection.
• The bill will help property owners by
– creating a low-interest loan fund, and
– Providing tax credits for lead-safe housing.
APPLICABILITY:
•
Most of the new inspection provisions do not
apply in New York City, but
• The benefits of the loan fund and tax credits
will be available to New York City landlords.
• Unnecessarily burdensome inspection
requirements are avoided by targeting the
highest risk areas
Key Concepts:
“Affected Properties”
• Mostly pre-1970 rental units
“Persons at Risk”
• Children under age seven
• Pregnant women
Due Diligence (Section 1378)
• Landlords have an obligation to pay attention when a unit is
put on the market
• Trust but verify -- the new law requires due diligence
inspections by landlords but gives tenants the right to have an
inspection made if there may be a lead hazard present.
• Disclosure of Known Hazards
• Addresses the gaps in the federal requirements and current
state law
THE TARGETING MECHANISMS:
•
The Legislation targets the 30 municipalities in
the state with the highest incidents of lead
poisoning.
– These areas are called “Communities of
Concern”
– That’s less than 3% of the municipalities
(cities, towns or villages) in the state.
• Other “hot spots” are addressed as well
–
These are called “Areas of High Risk.”
They can be within or outside of a Community
of Concern
WHAT WILL A LOCAL PRIMARY
PREVENTION LOOK LIKE?
•
The state Department of Health must work with County
Health officials and local municipal officials to prepare a
prevention plan appropriate for a “Community of
Concern”
– The plan must target “persons at risk” (children under 7 and
pregnant women) living in the highest risk housing (pre-1970
rental units)
• For “Areas of High Risk” the requirements are more
specific:
– The plan must prioritize inspections of high risk housing and
require abatement of lead-paint hazards using Lead Safe Work
Practices. (See § 1378, subd. 5).
What about housing that is not in a
“Community of Concern” or that is
not an “Area of High Risk” ?
Every owner of an “affected property” in which a
“person of risk” will reside has an overall obligation
to make their housing lead-safe within two years
The proposed law uses a pragmatic approach to
assuring that rental housing will be lead-safe:
– The Due Diligence and Disclosure provisions, coupled
with the ability to request an inspection for a suspected
hazard, mean that all children and pregnant women
renting in NY State will be able to obtain lead-safe
housing.
What standards are used for
housing to be considered safe?
(Section 1376)
“LEAD FREE”
• The gold standard: essentially lead paint must have never
been present or has been removed. (Think “permanent”).
“LEAD-CONTAINED”
• The second highest standard: essentially all lead paint
hazards must be encapsulated, expected to last 20 years.
(Think “long-term.”)
“LEAD-STABILIZED”
• The “lowest” threshold: assures safety, but requires greater
vigilance.
• Most economical to achieve, but not eligible for tax credits or
loans
How is housing certified?
For “Lead Free” housing:
• Must have been inspected by a certified inspector
For “Lead-Contained “Persons at Risk”
• Inspection Report by certified inspector,
• Every 3 years
For “Lead-Stabilized”
• The OWNER may certify that paint has been examined for
hazards and fixed
• Friction and impact surfaces must be protected
• Structural defects must be fixed
• IF paint has been disturbed: HEPA vacuum required
prescribed cleaning techniques must be used, AND a dust
wipe sample by an accredited person.
• Due diligence inquiry is required on rental (§1378)
Lead Safe Work Practices:
(Section 1373)
Required when work will be performed that . . .
1. Will disturb lead paint., . . .
2. In an Affected Property (pre-1970 rental unit), . . .
3. Occupied by a person at risk (child under 7 or
pregnant woman).
Training Requirement:
Owner or hired worker may NOT disturb lead paint unless they
have been through Lead Safe Work Practices training
(readily available).
Exception: “small job” or “de minimis”
Follows federal rules
Additional Provisions
of Interest:
• Improved disclosure requirements for
home sales of pre-1970 houses;
• Protections against retaliation;
• The right for occupants to sue for
injunctive relief (to make the property
safe) if landlord fails to remedy hazard
after being notified.