senate Bill S566

Enacts the childhood lead poisoning primary prevention and safe housing act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO HEALTH
  • 04 / Jan / 2012
    • REFERRED TO HEALTH

Summary

Enacts the childhood lead poisoning primary prevention and safe housing act; establishes the childhood lead poisoning primary prevention and safe housing fund; authorizes a corporate tax credit for lead hazard reduction activities.

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Bill Details

See Assembly Version of this Bill:
A728
Versions:
S566
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1370, 1370-a & 1370-c, add §§1377 - 1379, Pub Health L; amd §§606 & 210, Tax L; add §99-t, St Fin L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1196, A2797
2007-2008: A6399C

Sponsor Memo

BILL NUMBER:S566

TITLE OF BILL:

An act
to amend the public health law,
in relation to establishing the childhood lead
poisoning
primary prevention and safe housing act; to amend the state
finance law, in relation to establishing the childhood lead poisoning
primary prevention and safe housing fund; to amend the tax law, in
relation to authorizing a credit for lead hazard reduction activities;
and providing for the repeal of certain provisions upon expiration
thereof

PURPOSE:

To eliminate childhood lead poisoning in the state through primary
prevention measures that include financial assistance to landlords
and homeowners for lead-based paint hazard remediation in pre-1978
housing, screening of persons at risk of lead poisoning and public
awareness and education.

SUMMARY OF PROVISIONS:

Section 1. States the act shall be known as the "childhood lead
poisoning primary prevention and safe housing act". Section 2.
Legislative findings and purposes. Section 3. Definitions. Amends
section 1370 of the public health. Section 4. Amends section 1370-a
of the public health law to include public awareness campaigns that
include the use of mass media to inform the public on the dangers of
lead poisoning and ways to prevent it. Section 5. Amends section
1370-c of the public health law to ensure children at age one and two
and pregnant women are screened for lead poisoning and all children
who are considered at risk are screened at least once per year up to
age six. Section 6. Adds section 1377 to the public health law to
require the department to establish guidelines and a trainer's manual
for a "lead-safe housing awareness seminar." Section 7. Adds section
1378 to the public health law to authorize the department to
establish regulations for inspections for conditions conducive to
lead poisoning or lead based paint hazards. Section 8.
Amends section 606 of the tax law to authorize a tax credit for
certain activities related to lead hazard reduction. Limits the
credit to $1500 per property, $5000 per taxpayer and fifteen million
dollars in total for the two years the credits are authorized. Sets
out documentation and other requirements to receive the tax credit.
Section 9. Adds section 100 to the state finance law to establish the
childhood lead poisoning primary prevention and safe housing fund
that shall consist of the lead based paint hazard abatement revolving
loan account and the primary prevention and safe housing account.
Funds may be provided through appropriation, grant, gift, and
donation or pursuant to law and shall be used to support the
activities undertaken pursuant to this act. Section
10. Adds section 1379 to the public health law to authorize the
department of health to issue a certificate of lead hazard reduction
activities for purposes of a tax credit. sets out documentation and


other requirements to receive the tax credit. Section 11. Authorizes
cooperation among state agencies and local municipalities to carry
out the provisions of this act. Requires timely promulgation of rules
or regulations. Section 12. Effective dates.

JUSTIFICATION:

This law would provide tax credit incentives to property owners and
residents who remediate lead hazards in homes. Moreover, this law
would help protect young children against the dangers of childhood
lead poisoning.

LEGISLATIVE HISTORY:

2008 PASSED SENATE

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Sections 1.7 and 11 of this act shall take effect immediately.
Sections 8 and 10 shall take effect 180 days after it becomes law and
shall expire and deemed to be repealed two years after the effective
date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   566

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  childhood  lead  poisoning primary prevention and safe housing act; to
  amend the state finance law, in relation to establishing the childhood
  lead poisoning primary prevention and safe housing fund; to amend  the
  tax law, in relation to authorizing a credit for lead hazard reduction
  activities;  and  providing  for the repeal of certain provisions upon
  expiration thereof

  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 primary prevention and safe housing act".
  S 2. Legislative findings and purposes. 1. (a) Lead poisoning of chil-
dren persists as one of the most prevalent and preventable environmental
diseases in New York. At least 10,000  children  were  newly  identified
with levels of lead in their blood at 10 micrograms per deciliter 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 micrograms per
deciliter, 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 pregnan-
cy. Because of this, intervention measures that wait until children have

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02070-01-1

S. 566                              2

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 lead-based paint was banned for residential use in  1978,
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
by taking measures to prevent paint  deterioration  and  limiting  chil-
dren'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 property owners to undertake widespread 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 control lead hazards.
  (k)  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
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  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;
  (d)  to provide access to the resources for property owners who commit
to undertake specified lead hazard reduction measures.

S. 566                              3

  S 3. Section 1370 of the public health law is amended by adding  eigh-
teen  new subdivisions 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 23, 24, and 25 to read as follows:
  8.  "DUST-LEAD  HAZARD"  MEANS  SURFACE DUST THAT CONTAINS A DUST-LEAD
LOADING (AREA CONCENTRATION OF LEAD) AT OR EXCEEDING THE LEVELS  PROMUL-
GATED  BY  THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO
SECTION 403 OF THE TOXIC SUBSTANCES CONTROL ACT.
  9. "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 FOR 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.
  10. "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  ENCAPSULATE
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.
  11.  "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.
  12. "HAZARD REDUCTION" MEANS MEASURES DESIGNED TO REDUCE OR  ELIMINATE
HUMAN EXPOSURE TO LEAD-BASED PAINT HAZARDS.
  13.  "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.
  14. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
A  DWELLING  UNIT  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.
  15.  "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.
  16. "DETERIORATED PAINT" MEANS ANY INTERIOR OR EXTERIOR PAINT OR OTHER
COATING THAT IS CURLING, SCALING, FLAKING,  BLISTERING,  PEELING,  CHIP-
PING,  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.
  17. "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.
  18.  "CHEWABLE  SURFACE" MEANS AN INTERIOR OR EXTERIOR SURFACE PAINTED
WITH LEAD-BASED PAINT THAT A YOUNG CHILD CAN MOUTH OR CHEW.  A  CHEWABLE
SURFACE  IS  THE SAME AS AN "ACCESSIBLE SURFACE" AS DEFINED IN 42 U.S.C.

S. 566                              4

4851B(2). HARD METAL SUBSTRATES AND OTHER MATERIALS THAT CANNOT BE DENT-
ED BY THE BITE OF A YOUNG CHILD ARE NOT CONSIDERED CHEWABLE.
  19.  "PERMANENT"  MEANS  AN  EXPECTED  DESIGN  LIFE OF AT LEAST TWENTY
YEARS.
  20. "SOIL-LEAD HAZARD" MEANS BARE SOIL ON  RESIDENTIAL  PROPERTY  THAT
CONTAINS  LEAD  EQUAL  TO  OR EXCEEDING LEVELS PROMULGATED BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO SECTION  403  OF  THE
TOXIC SUBSTANCES CONTROL ACT.
  21.  "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 MEMBER
OF THE TENANT'S HOUSEHOLD.
  22. "WIPE SAMPLE" MEANS A SAMPLE COLLECTED BY WIPING A  REPRESENTATIVE
SURFACE  OF  KNOWN AREA, AS DETERMINED BY ASTM E1728, "STANDARD PRACTICE
FOR FIELD COLLECTION OF SETTLED DUST SAMPLES USING WIPE SAMPLING METHODS
FOR LEAD DETERMINATION BY ATOMIC SPECTROMETRY TECHNIQUES," OR EQUIVALENT
METHOD, WITH AN ACCEPTABLE WIPE MATERIAL AS  DEFINED  IN  ASTM  E  1792,
"STANDARD  SPECIFICATION FOR WIPE SAMPLING MATERIALS FOR LEAD IN SURFACE
DUST."
  23. "CLEARANCE EXAMINATION" MEANS AN ACTIVITY,  CONDUCTED  BY  A  RISK
ASSESSOR  OR  LEAD-BASED  PAINT  INSPECTOR,  FOLLOWING  LEAD-BASED PAINT
HAZARD REDUCTION ACTIVITIES  TO  DETERMINE  THAT  THE  HAZARD  REDUCTION
ACTIVITIES  ARE  COMPLETE  AND  THAT  NO  SOIL-LEAD  HAZARDS  OR SETTLED
DUST-LEAD HAZARDS EXIST IN THE DWELLING UNIT OR WORKSITE.
  24. "WORKSITE" MEANS AN INTERIOR OR  EXTERIOR  AREA  WHERE  LEAD-BASED
PAINT  HAZARD REDUCTION ACTIVITY TAKES PLACE. THERE MAY BE MORE THAN ONE
WORKSITE IN A DWELLING UNIT.
  25.  "INSPECTIONS  FOR  CONDITIONS  CONDUCIVE  TO  LEAD  POISONING  OR
LEAD-BASED  PAINT  HAZARDS"  MEANS AN ACTIVITY CONDUCTED TO IDENTIFY ANY
CONDITION CONDUCIVE TO LEAD POISONING OR LEAD-BASED  PAINT  HAZARDS,  IN
ACCORDANCE  WITH THE RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT
PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-EIGHT OF THIS TITLE,  WHEN-
EVER  SUCH  ACTIVITY  IS REQUIRED OR OTHERWISE CONDUCTED PURSUANT TO THE
PROVISIONS OF THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION  AND  SAFE
HOUSING ACT.
  S  4.   Paragraph (d) of subdivision 2 of section 1370-a of the public
health law, as added by chapter 485 of the laws of 1992, is amended  and
three new subdivisions 4, 5, and 6 are added to read as follows:
  (d)  develop  and  implement  public  education and community outreach
programs AND PUBLIC AWARENESS CAMPAIGNS on lead exposure, detection  and
risk  reduction.  SUCH  PROGRAMS AND CAMPAIGNS SHALL INCLUDE, BUT NOT BE
LIMITED TO, USE OF MASS MEDIA.
  4. 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 FEBRUARY FIRST FOLLOWING THE END OF THE CALENDAR YEAR.
  5.  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 CHILDREN UNDER AGE
SIX AND PREGNANT WOMEN, AND SHALL IMPOSE COMPLIANCE TARGETS  AND  APPRO-

S. 566                              5

PRIATE  PENALTIES  OR  SANCTIONS  IN  THE  EVENT  SUCH  TARGETS  ARE NOT
ACHIEVED.
  6.  BY  MARCH  FIFTH  OF  EACH YEAR THE DEPARTMENT SHALL SUBMIT 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 CHILDREN UNDER AGE SIX AND  PREG-
NANT  WOMEN, AND ITS ACTIONS TO PUBLICIZE AND ENFORCE THE OBLIGATIONS ON
HEALTH CARE PROVIDERS PURSUANT TO THIS SECTION.
  S 5. Subdivision 1 of section 1370-c of  the  public  health  law,  as
added by chapter 485 of the laws of 1992, is amended to read as follows:
  1.  The  department  is authorized to AND SHALL promulgate regulations
establishing the means by which and the intervals at which children  and
pregnant  women  shall be screened for elevated lead levels. The depart-
ment 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
WHO ARE DETERMINED TO BE AT RISK 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.
  S  6. The public health law is amended by adding a new section 1377 to
read as follows:
  S 1377. LEAD-SAFE  HOUSING  AWARENESS  SEMINAR.    WITHIN  SIX  MONTHS
FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS  SECTION, THE DEPARTMENT 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 THE DEPARTMENT OR OTHER STATE PERSONNEL, PROFESSIONAL
ASSOCIATIONS AND  COMMUNITY  ORGANIZATIONS  WITH  A  TRAINING  CAPACITY,
EXISTING  ACCREDITED EDUCATIONAL INSTITUTIONS, AND NOT-FOR-PROFIT EDUCA-
TIONAL PROVIDERS.  ALL SUCH OFFERING PROPOSALS  SHALL  BE  REVIEWED  AND
APPROVED, BASED ON SEMINAR CONTENT AND QUALIFICATIONS OF INSTRUCTORS, BY
THE DEPARTMENT OR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR THEIR
DESIGNEES.  THE  DEPARTMENT  IS  AUTHORIZED TO SET AND COLLECT A FEE FOR
SUCH MANUALS OR COURSES. ANY FEES COLLECTED  PURSUANT  TO  THIS  SECTION
SHALL  BE DEPOSITED INTO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION
AND SAFE HOUSING FUND ESTABLISHED PURSUANT TO SECTION  NINETY-NINE-T  OF
THE STATE FINANCE LAW.
  S  7. The public health law is amended by adding a new section 1378 to
read as follows:
  S 1378. CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND  SAFE  HOUSING
PLAN. 1. THE DEPARTMENT IS HEREBY AUTHORIZED AND REQUIRED TO DEVELOP AND
IMPLEMENT,  WITHIN  NINE  MONTHS  FOLLOWING  THE  EFFECTIVE DATE OF THIS
SECTION, THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE  HOUS-
ING  PLAN  WHICH PURPOSE IS THE ELIMINATION OF CHILDHOOD LEAD POISONING.
THE PLAN SHALL ALSO INCLUDE PUBLIC  AWARENESS  CAMPAIGNS  AND  COMMUNITY
OUTREACH  EFFORTS. SUCH PLAN SHALL ALSO INCLUDE LOCAL PRIMARY PREVENTION
PLANS FOR COMMUNITIES OF CONCERN IN ACCORDANCE WITH  THE  PROVISIONS  OF
THIS  SECTION.  SUCH PLAN MAY BE AMENDED BY THE DEPARTMENT IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION. BY MARCH FIFTH OF EACH YEAR  BEGIN-
NING THE FIRST YEAR AFTER THIS SECTION BECOMES LAW, THE DEPARTMENT SHALL

S. 566                              6

SUBMIT  TO  THE  HEALTH AND FISCAL COMMITTEES OF THE LEGISLATURE AND THE
ADVISORY COUNCIL ESTABLISHED IN SECTION THIRTEEN  HUNDRED  SEVENTY-B  OF
THIS  TITLE  A REPORT ON THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION
AND SAFE HOUSING PLAN.
  2.  THE  DEPARTMENT  SHALL  IDENTIFY  AND DESIGNATE THE THIRTY MUNICI-
PALITIES IN THE STATE THAT HAVE THE GREATEST NUMBERS OF CHILDREN IDENTI-
FIED WITH BLOOD LEAD LEVELS GREATER THAN OR EQUAL TO TEN  MICROGRAMS  OF
LEAD PER DECILITER OF WHOLE BLOOD AS COMMUNITIES OF CONCERN. SUCH DESIG-
NATION  SHALL  NOT  INCLUDE  CITIES  WITH A POPULATION OF ONE MILLION OR
MORE. SUCH DESIGNATION SHALL BE MADE AT  LEAST  BIENNIALLY  AND  BY  THE
THIRTIETH DAY OF DECEMBER OF THE YEAR IN WHICH THE DESIGNATION IS MADE.
  3.  A. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT, IN COOPERATION WITH
THE DEPARTMENT OF  STATE  AND  LOCAL  MUNICIPALITIES,  A  LOCAL  PRIMARY
PREVENTION  PLAN  TO  PREVENT  EXPOSURE  TO  LEAD  FOR EACH COMMUNITY OF
CONCERN. A LOCAL PRIMARY PREVENTION PLAN SHALL TARGET CHILDREN UNDER AGE
SIX AND PREGNANT WOMEN AND ANY CENSUS TRACT OR BLOCK GROUP IN THE  MUNI-
CIPALITIES  IN WHICH DURING ANY SINGLE YEAR, MORE THAN TWENTY-FIVE CHIL-
DREN HAVE BEEN IDENTIFIED WITH BLOOD LEAD LEVELS GREATER THAN  OR  EQUAL
TO  TEN  MICROGRAMS  OF  LEAD PER DECILITER OF WHOLE BLOOD AND SHALL SET
TARGETS AND A REASONABLE TIME FRAME, INCLUDING A RATIONALE FOR SUCH TIME
FRAME, FOR THE ELIMINATION OF CHILDHOOD LEAD POISONING WITHIN THE  MUNI-
CIPALITY.  IN  MUNICIPALITIES WITH SUCH CENSUS TRACTS OR BLOCK GROUPS, A
LOCAL PRIMARY PREVENTION PLAN ALSO  SHALL  INCLUDE  THE  INSPECTION  FOR
CONDITIONS  CONDUCIVE  TO LEAD POISONING AND LEAD-BASED PAINT HAZARDS OF
DWELLING UNITS WHICH ARE EITHER RENTED, LEASED, LET OR HIRED OUT, TO  BE
OCCUPIED, OR IS OCCUPIED AS THE TEMPORARY OR PERMANENT RESIDENCE OR HOME
OF  ONE  OR  MORE  FAMILIES  LIVING INDEPENDENTLY OF EACH OTHER AND ALSO
SHALL INCLUDE THE INSPECTION FOR CONDITIONS CONDUCIVE TO LEAD  POISONING
AND LEAD-BASED PAINT HAZARDS OF DWELLING UNITS IN WHICH GROUP FAMILY DAY
CARE  HOMES  AND  FAMILY  DAY  CARE  HOMES,  AS DEFINED IN SECTION THREE
HUNDRED NINETY OF THE SOCIAL SERVICES LAW, ARE OPERATED. SUCH PLAN SHALL
REQUIRE THAT ANY LEAD-BASED PAINT HAZARDS  OR  CONDITIONS  CONDUCIVE  TO
LEAD  POISONING IDENTIFIED IN SUCH INSPECTED PROPERTIES BE ELIMINATED OR
CONTROLLED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A OF  SUBDIVI-
SION  ONE  OF  SECTION  THIRTEEN HUNDRED SEVENTY-NINE OF THIS CHAPTER. A
LOCAL PRIMARY PREVENTION PLAN SHALL BE IN EFFECT  NO  LATER  THAN  SEVEN
MONTHS AFTER THE MUNICIPALITY IS DESIGNATED AS A COMMUNITY OF CONCERN.
  B.  THE  DEPARTMENT,  IN CONSULTATION WITH THE DEPARTMENT OF STATE AND
LOCAL MUNICIPALITIES, SHALL PROMULGATE RULES  AND  REGULATIONS  FOR  THE
DEVELOPMENT,  IMPLEMENTATION AND AMENDMENT OF A LOCAL PRIMARY PREVENTION
PLAN. PROVIDED, HOWEVER, NO SUCH PLAN SHALL BE IMPLEMENTED  OR  SUBSTAN-
TIALLY  AMENDED  UNLESS  THE  PLAN,  INCLUDING A PROPOSED BUDGET FOR THE
PLAN, HAS BEEN SUBMITTED BY THE DEPARTMENT OR THE LOCAL MUNICIPALITY FOR
REVIEW AT LEAST ONE PUBLIC HEARING IN THE MUNICIPALITY  FOR  WHICH  SUCH
PLAN IS DEVELOPED AND A PUBLIC COMMENT PERIOD OF AT LEAST SIXTY DAYS HAS
BEEN  PROVIDED  BY THE DEPARTMENT OR THE LOCAL MUNICIPALITY IN CONSIDER-
ATION OF THE BILL.
  C. IF A MUNICIPALITY HAS DEVELOPED A PLAN SUBSTANTIALLY SIMILAR TO THE
REQUIREMENTS FOR A LOCAL PRIMARY PREVENTION PLAN IN ACCORDANCE WITH THIS
SECTION OR PASSED AN ORDINANCE OR LOCAL LAW  OR  SET  OF  ORDINANCES  OR
LOCAL  LAWS  THAT  CONSTITUTE  A SUBSTANTIALLY SIMILAR PLAN SUCH PLAN OR
ORDINANCE OR LOCAL LAW OR  SET  OF  ORDINANCES  OR  LOCAL  LAWS  MAY  BE
ACCEPTED  AS  THE LOCAL PRIMARY PREVENTION PLAN FOR THE MUNICIPALITY. AN
ORDINANCE OR LOCAL LAW OR SET OF ORDINANCES OR LOCAL LAWS  THAT  WAS  IN
EFFECT  ON  JULY  FIRST, TWO THOUSAND SIX IN THE CITY OF ROCHESTER WHICH
POLICY AND INTENT IS TO  PREVENT  HUMAN  EXPOSURE  TO  LEAD-BASED  PAINT

S. 566                              7

HAZARDS IS A SUBSTANTIALLY SIMILAR PLAN FOR PURPOSES OF THIS SECTION AND
NO  PUBLIC HEARING AND PUBLIC COMMENT PERIOD SHALL BE CONSIDERED TO HAVE
BEEN REQUIRED FOR ITS IMPLEMENTATION.
  4.  A. FUNDING FOR THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND
SAFE HOUSING PLAN AND ANY LOCAL PRIMARY PREVENTION PLANS INCLUDED THERE-
IN SHALL BE SUBJECT TO APPROPRIATION BY THE STATE LEGISLATURE.
  B. EXCEPT IF AGREED TO BY THE DEPARTMENT AND THE  MUNICIPALITY,  COSTS
INCURRED   BY  A  MUNICIPALITY  DIRECTLY  RELATED  TO  A  LOCAL  PRIMARY
PREVENTION PLAN OR THE CHILDHOOD LEAD POISONING PRIMARY  PREVENTION  AND
SAFE  HOUSING  PLAN  WHICH  ARE NOT ELIGIBLE TO BE PAID FOR OR OTHERWISE
REIMBURSED BY A NON-STATE GOVERNMENTAL ENTITY AND WHICH ARE NOT COSTS OF
AN OWNER OR OCCUPANT OF AN AFFECTED PROPERTY SHALL BE  CONSIDERED  COSTS
OF THE DEPARTMENT. SUCH COSTS SHALL BE REIMBURSED TO THE MUNICIPALITY BY
THE  DEPARTMENT.  FUNDING FOR SUCH COSTS SHALL BE MADE AVAILABLE SUBJECT
TO APPROPRIATION BY THE STATE LEGISLATURE.  A  COST  MAY  BE  CONSIDERED
DIRECTLY  RELATED  IF  IT WOULD NOT HAVE BEEN INCURRED BUT FOR THE LOCAL
PRIMARY PREVENTION PLAN OR CHILDHOOD LEAD POISONING  PRIMARY  PREVENTION
AND SAFE HOUSING PLAN. THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH THE
MUNICIPALITIES,  THE  DEPARTMENT OF STATE OR ANY OTHER APPROPRIATE STATE
OR FEDERAL AGENCY, DEPARTMENT,  DIVISION,  QUASI-PUBLIC  CORPORATION  OR
AUTHORITY FOR THE REIMBURSEMENT OF SUCH COSTS.
  5.  THE  CHILDHOOD  LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING
PLAN SHALL ALSO REQUIRE, IN RESPONSE TO A CHILD UNDER AGE SIX OR A PREG-
NANT WOMAN WHO HAS A CONFIRMED BLOOD LEAD LEVEL GREATER THAN OR EQUAL TO
TEN MICROGRAMS OF LEAD PER DECILITER OF WHOLE BLOOD, A COMPLETE DIAGNOS-
TIC ASSESSMENT WHICH SHALL INCLUDE: A DETAILED LEAD EXPOSURE ASSESSMENT,
A NUTRITIONAL ASSESSMENT, INCLUDING IRON STATUS,  AND,  AS  APPROPRIATE,
DEVELOPMENT SCREENING AND AN ENVIRONMENTAL ASSESSMENT SHALL BE CONDUCTED
BY  THE  DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF STATE AND ANY
OTHER  APPROPRIATE  STATE  AGENCY,  DEPARTMENT,  DIVISION,  QUASI-PUBLIC
CORPORATION  OR  AUTHORITY  AND MUNICIPALITY, TO DETERMINE THE SOURCE OF
EXPOSURE TO LEAD WHICH SHALL INCLUDE,  TO  THE  EXTENT  PRACTICABLE,  AN
INSPECTION  FOR  CONDITIONS  CONDUCIVE  TO LEAD POISONING AND LEAD-BASED
PAINT HAZARDS WITHIN FIFTEEN DAYS OF NOTIFICATION TO THE  DEPARTMENT  OF
SUCH CONFIRMED BLOOD LEVELS.
  6.  A.  THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
RULES AND REGULATIONS REGARDING INSPECTIONS FOR CONDITIONS CONDUCIVE  TO
LEAD  POISONING  OR  LEAD-BASED PAINT HAZARDS. THE RULES AND REGULATIONS
SHALL PROVIDE FOR, BUT NOT BE LIMITED TO, QUALIFICATIONS OF  INDIVIDUALS
ELIGIBLE  TO CONDUCT SUCH INSPECTIONS, STANDARDS OF PRACTICE, PROCEDURES
OR PROTOCOL FOR CONDUCTING SUCH INSPECTIONS AND REQUIREMENTS FOR WRITTEN
REPORTS DOCUMENTING THE RESULTS OF  SUCH  INSPECTIONS.  TO  SATISFY  THE
REQUIREMENTS  OF  THIS  PARAGRAPH,  THE DEPARTMENT MAY ADOPT REGULATIONS
SUFFICIENT TO SATISFY THE REQUIREMENTS OF 40 C.F.R. PART 745  SUBPART  Q
OR SUCCESSOR REGULATION.
  B.  THE  DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS SUFFICIENT TO
SATISFY THE REQUIREMENTS OF 40 C.F.R. PART 745 SUBPART  Q  OR  SUCCESSOR
REGULATION,   GOVERNING   THE   ACCREDITATION  OF  PERSONS  ENGAGING  IN
LEAD-BASED PAINT ACTIVITIES.
  C. THE DEPARTMENT MAY ESTABLISH BY REGULATION A SCHEDULE OF  FEES  FOR
THE  ACCREDITATION  AND  REGISTRATION  OF PERSONS ENGAGING IN LEAD-BASED
PAINT ACTIVITIES OR CONDUCTING INSPECTIONS FOR CONDITIONS  CONDUCIVE  TO
LEAD  POISONING  OR  LEAD-BASED  PAINT  ACTIVITIES.   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 DEPOSITED INTO THE

S. 566                              8

CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND ESTAB-
LISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW.
  7.   MUNICIPALITIES SHALL COOPERATE FULLY WITH THE DEPARTMENT, DEPART-
MENT OF STATE OR ANY OTHER APPROPRIATE STATE AGENCY,  DEPARTMENT,  DIVI-
SION,  QUASI-PUBLIC CORPORATION OR AUTHORITY TO CARRY OUT THE PROVISIONS
OF THIS SECTION.
  8.  THE DEPARTMENT SHALL, IN COOPERATION WITH  ANY  OTHER  APPROPRIATE
STATE AGENCY, DEPARTMENT, DIVISION, QUASI-PUBLIC CORPORATION OR AUTHORI-
TY,  LOCAL  MUNICIPALITIES  AND  COMMUNITY ORGANIZATIONS, TAKE STEPS AND
DEVELOP STRATEGIES TO BALANCE THE NEED TO  ELIMINATE  THE  INCIDENCE  OF
CHILDHOOD LEAD POISONING WITH THE NEED FOR AVAILABLE, AFFORDABLE HOUSING
AND  CHILD  CARE.    SUCH STEPS AND STRATEGIES SHALL BE REFLECTED IN THE
DEVELOPMENT AND IMPLEMENTATION OF THE CHILDHOOD LEAD  POISONING  PRIMARY
PREVENTION AND SAFE HOUSING PLAN AND LOCAL PRIMARY PREVENTION PLANS.
  9.  THE  COMMISSIONER  SHALL DESIGNATE A DEPUTY COMMISSIONER OF HEALTH
RESPONSIBLE FOR FULFILLING THE REQUIREMENTS OF THIS  SECTION  WHEN  SUCH
REQUIREMENTS INVOLVE THE RESPONSIBILITIES OF THE DEPARTMENT.
  S  8. Section 606 of the tax law is amended by adding a new subsection
(ss) to read as follows:
  (SS) CREDIT FOR LEAD HAZARD REDUCTION ACTIVITIES. (1) AUTHORIZATION OF
CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED  BY
THIS  ARTICLE EQUAL TO FIFTY PERCENT OF THE COST OF THE QUALIFIED ACTIV-
ITIES COMPLETED WHICH BROUGHT ANY DWELLING UNIT LOCATED  IN  THIS  STATE
INCLUDING  OWNER  OCCUPIED  DWELLING  UNITS  INTO COMPLIANCE WITH EITHER
"ABATED" OR  "INTERIM  CONTROLS  IMPLEMENTED"  CERTIFICATION  STATUS  AS
DESCRIBED  IN SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH
LAW, PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIRE-
MENTS OF PARAGRAPH EIGHT OF THIS SUBSECTION. SUCH DWELLING UNIT MUST  BE
CERTIFIED  AS EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" IN ORDER
FOR ANY CREDIT TO BE ALLOWED UNDER THIS SUBSECTION. A  CREDIT  SHALL  BE
ALLOWED  UNDER  THIS SUBSECTION FOR THE COSTS OF THE FOLLOWING QUALIFIED
ACTIVITIES PROVIDED THE EXPECTED USEFUL LIFE OF SUCH ACTIVITIES  IS  TEN
YEARS  OR  MORE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE DEPART-
MENT IN CONSULTATION WITH THE DEPARTMENT OF  STATE,  THE  DEPARTMENT  OF
HEALTH,  AND  THE  DIVISION  OF  HOUSING  AND COMMUNITY RENEWAL, AND THE
TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARAGRAPH EIGHT
OF THIS SUBSECTION:
  (A) ANY SET OF MEASURES WHICH WOULD RESULT  IN  THE  PERMANENT  ELIMI-
NATION  OF  LEAD-BASED  PAINT OR LEAD-BASED PAINT HAZARDS, INCLUDING THE
REMOVAL OF LEAD-BASED PAINT, THE PERMANENT 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;
  (B) THE REPLACEMENT OF ANY SURFACES, WINDOWS, OR FIXTURES PAINTED WITH
LEAD-BASED PAINT;
  (C) THE ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT; AND
  (D)  THE REMOVAL OR ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT, OR
PAINT OF UNKNOWN LEAD CONTENT,  FROM  FRICTION  SURFACES,  SUCH  AS  THE
INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES, THE STRIPPING AND
REPAINTING  OF INTERIOR WINDOW TROUGHS AND WINDOWSILLS OR THEIR REPLACE-
MENT OR ENCAPSULATION WITH VINYL, METAL, OR ANY OTHER DURABLE  MATERIALS
WHICH  RENDER  THE  SURFACE  SMOOTH  AND CLEANABLE, OR THE STRIPPING AND
RE-HANGING OF DOORS.
  (2) AMOUNT OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO  FIFTY  PERCENT
OF  THE  TOTAL  EXPENSES  ACTUALLY  INCURRED  FOR  QUALIFIED  ACTIVITIES
DESCRIBED IN THIS SUBSECTION UP  TO  A  MAXIMUM  OF  ONE  THOUSAND  FIVE

S. 566                              9

HUNDRED DOLLARS PER DWELLING UNIT. IN NO EVENT SHALL THE TOTAL TAX CRED-
IT  RECEIVED BY A TAXPAYER PURSUANT TO THIS SUBSECTION EXCEED FIVE THOU-
SAND DOLLARS PER TAX YEAR.
  (3)  RESTRICTION  OF  CREDIT TO QUALIFIED RENTAL HOUSING UNITS; INCOME
RESTRICTIONS UPON ELIGIBILITY OF TAXPAYER. IN THE  CASE  OF  A  DWELLING
UNIT THAT IS RENTED OR LEASED, THE AVAILABILITY OF A TAX CREDIT PURSUANT
TO THIS SUBSECTION SHALL BE LIMITED TO SUCH DWELLING UNITS FOR WHICH THE
CONTRACT  RENT, INCLUDING ANY RENT SUBSIDY OR SHELTER ALLOWANCE THAT HAS
BEEN PAID TO THE OWNER ON BEHALF OF THE TENANT, HAS AT  NO  TIME  DURING
THE  TAX  YEAR  IN  WHICH  THE ELIGIBLE COSTS WERE INCURRED EXCEEDED ONE
HUNDRED PERCENT OF THE APPLICABLE AREA FAIR MARKET RENT PUBLISHED  ANNU-
ALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT
TO SECTION 8(C)(1) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED,
42 USC 1437F(C)(1).
  (4)  RESTRICTION UPON THE INCOME LEVEL OF TAXPAYERS ELIGIBLE FOR CRED-
IT.  (A) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT  IN  CONJUNC-
TION WITH ACTIVITIES MADE TO AN OWNER-OCCUPIED UNIT, THE ELIGIBILITY FOR
THE  TAX  CREDIT  SHALL  BE  LIMITED  TO TAXPAYERS WHOSE INCOME DOES NOT
EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN FAMILY INCOME  ESTABLISHED
ANNUALLY  BY  THE  FEDERAL  DEPARTMENT  OF HOUSING AND URBAN DEVELOPMENT
PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS
AMENDED, 42 USC 1437C(B)(2); AND
  (B) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT IN   CONJUNCTION
WITH  ACTIVITIES MADE TO A DWELLING UNIT IN WHICH THERE ARE FOUR OR MORE
DWELLING UNITS THAT ARE RENTED OR LEASED, THEN ELIGIBILITY FOR  THE  TAX
CREDIT  SHALL  BE  LIMITED TO SUCH DWELLING UNITS IN WHICH THE HOUSEHOLD
INCOME OF THE OCCUPANTS IN EACH DWELLING  UNIT  DID  NOT  EXCEED  EIGHTY
PERCENT  OF  THE  AREA  MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO  SECTION
3(B)(2)  OF  THE  UNITED  STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC
1437C(B)(2).
  (5) MULTIPLE TAXPAYERS. IF THE DWELLING UNIT IS OWNED BY TWO  OR  MORE
TAXPAYERS,  THE  AMOUNT  OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR
EACH SUCH ELIGIBLE TAXPAYER SHALL BE PRORATED ACCORDING TO THE  PERCENT-
AGE  OF  THE  TOTAL EXPENDITURE FOR ELIGIBLE ACTIVITIES INCURRED BY EACH
TAXPAYER AND SHALL NOT EXCEED FIVE THOUSAND DOLLARS.
  (6) EXPENSES TO BE PAID BY TAXPAYER. THE AMOUNT OF ANY CREDIT  ALLOWED
UNDER  THIS SUBSECTION SHALL BE RESTRICTED TO EXPENSES ACTUALLY INCURRED
AND SHALL NOT INCLUDE ANY COST TO THE EXTENT SUCH COST IS FUNDED BY  ANY
GRANT,  CONTRACT,  OR OTHERWISE BY ANOTHER PERSON OR BY ANY GOVERNMENTAL
ENTITY, INCLUDING A LOAN FROM MONEYS IN  THE  CHILDHOOD  LEAD  POISONING
PRIMARY PREVENTION AND SAFE HOUSING FUND.
  (7)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF  TAX  TO  BE
CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO  INTEREST
SHALL BE PAID THEREON.
  (8) DUPLICATE CREDIT PROHIBITED. NO COST SHALL BE ELIGIBLE FOR A CRED-
IT  UNDER  THIS SUBSECTION IF THE TAXPAYER IS ENTITLED TO CLAIM A CREDIT
IN THE SAME AMOUNT UNDER EITHER THE FEDERAL TAX CODE OR OTHER PROVISIONS
OF THIS CHAPTER.
  (9) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO  CREDIT  SHALL  BE
ALLOWED  UNDER  THIS  SUBSECTION  UNLESS  THE  TAXPAYER  PROVIDES TO THE
COMMISSIONER:

S. 566                             10

  (A) A CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES  OF
A  TAX  CREDIT  PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE
PUBLIC HEALTH LAW; AND
  (B)  ANY  OTHER  DOCUMENTS THE DEPARTMENT DEEMS NECESSARY TO DETERMINE
ELIGIBILITY FOR THE TAX CREDIT PURSUANT TO THIS SUBSECTION.
  (10) PROMULGATION OF REGULATIONS. THE  COMMISSIONER,  IN  CONSULTATION
WITH  THE COMMISSIONER OF HEALTH, THE SECRETARY OF STATE AND THE COMMIS-
SIONER OF HOUSING AND COMMUNITY  RENEWAL  SHALL  PROMULGATE  REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBSECTION.
  (11)  MAXIMUM AGGREGATE. PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-
NINE OF THE PUBLIC HEALTH LAW, THE MAXIMUM AMOUNT OF CREDIT ALLOWED,  IN
THE  AGGREGATE,  FOR  ALL  TAX  CREDITS SHALL NOT EXCEED FIFTEEN MILLION
DOLLARS AND FUNDING FOR SUCH TAX CREDITS IS SUBJECT TO APPROPRIATION.
  S 9. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended by adding a new clause (xxxii) to read as
follows:
(XXXII) CREDIT FOR LEAD HAZARD       AMOUNT OF CREDIT UNDER
REDUCTION ACTIVITIES                 SUBDIVISION FORTY-THREE OF
UNDER SUBSECTION (SS)                SECTION TWO HUNDRED TEN
  S 10. Section 210 of the tax law is amended by adding a  new  subdivi-
sion 43 to read as follows:
  43.  CREDIT FOR LEAD HAZARD REDUCTION ACTIVITIES. (1) AUTHORIZATION OF
CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED  BY
THIS  ARTICLE EQUAL TO FIFTY PERCENT OF THE COST OF THE QUALIFIED ACTIV-
ITIES COMPLETED WHICH BROUGHT ANY DWELLING UNIT LOCATED  IN  THIS  STATE
INCLUDING  OWNER  OCCUPIED  DWELLING  UNITS  INTO COMPLIANCE WITH EITHER
"ABATED" OR  "INTERIM  CONTROLS  IMPLEMENTED"  CERTIFICATION  STATUS  AS
DESCRIBED  IN SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH
LAW, PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIRE-
MENTS OF PARAGRAPH EIGHT OF THIS SUBDIVISION. SUCH DWELLING UNIT MUST BE
CERTIFIED AS EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" IN  ORDER
FOR  ANY CREDIT TO BE ALLOWED UNDER THIS SUBDIVISION.  A CREDIT SHALL BE
ALLOWED UNDER THIS SUBDIVISION FOR THE COSTS OF THE FOLLOWING  QUALIFIED
ACTIVITIES  PROVIDED  THE EXPECTED USEFUL LIFE OF SUCH ACTIVITIES IS TEN
YEARS OR MORE, AS DETERMINED BY REGULATIONS PROMULGATED BY  THE  DEPART-
MENT  IN  CONSULTATION  WITH  THE DEPARTMENT OF STATE, THE DEPARTMENT OF
HEALTH, AND THE DIVISION OF  HOUSING  AND  COMMUNITY  RENEWAL,  AND  THE
TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARAGRAPH EIGHT
OF THIS SUBDIVISION:
  (A)  ANY  SET  OF  MEASURES WHICH WOULD RESULT IN THE PERMANENT ELIMI-
NATION OF LEAD-BASED PAINT OR LEAD-BASED PAINT  HAZARDS,  INCLUDING  THE
REMOVAL OF LEAD-BASED PAINT, THE PERMANENT 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;
  (B) THE REPLACEMENT OF ANY SURFACES, WINDOWS, OR FIXTURES PAINTED WITH
LEAD-BASED PAINT;
  (C) THE ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT; AND
  (D) THE REMOVAL OR ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT,  OR
PAINT  OF  UNKNOWN  LEAD  CONTENT,  FROM  FRICTION SURFACES, SUCH AS THE
INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES, THE STRIPPING AND
REPAINTING OF INTERIOR WINDOW TROUGHS AND WINDOWSILLS OR THEIR  REPLACE-
MENT  OR ENCAPSULATION WITH VINYL, METAL, OR ANY OTHER DURABLE MATERIALS
WHICH RENDER THE SURFACE SMOOTH AND  CLEANABLE,  OR  THE  STRIPPING  AND
RE-HANGING OF DOORS.

S. 566                             11

  (2)  AMOUNT  OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO FIFTY PERCENT
OF  THE  TOTAL  EXPENSES  ACTUALLY  INCURRED  FOR  QUALIFIED  ACTIVITIES
DESCRIBED  IN  THIS  SUBDIVISION  UP  TO  A MAXIMUM OF ONE THOUSAND FIVE
HUNDRED DOLLARS PER DWELLING UNIT. IN NO EVENT SHALL THE TOTAL TAX CRED-
IT RECEIVED BY A TAXPAYER PURSUANT TO THIS SUBDIVISION EXCEED FIVE THOU-
SAND DOLLARS PER TAX YEAR.
  (3)  RESTRICTION  OF  CREDIT TO QUALIFIED RENTAL HOUSING UNITS; INCOME
RESTRICTIONS UPON ELIGIBILITY OF TAXPAYER. IN THE  CASE  OF  A  DWELLING
UNIT THAT IS RENTED OR LEASED, THE AVAILABILITY OF A TAX CREDIT PURSUANT
TO  THIS  SUBDIVISION  SHALL BE LIMITED TO SUCH DWELLING UNITS FOR WHICH
THE CONTRACT RENT, INCLUDING ANY RENT SUBSIDY OR SHELTER ALLOWANCE  THAT
HAS  BEEN  PAID  TO  THE  OWNER  ON BEHALF OF THE TENANT, HAS AT NO TIME
DURING THE TAX YEAR IN WHICH THE ELIGIBLE COSTS WERE  INCURRED  EXCEEDED
ONE  HUNDRED  PERCENT  OF THE APPLICABLE AREA FAIR MARKET RENT PUBLISHED
ANNUALLY BY THE FEDERAL DEPARTMENT  OF  HOUSING  AND  URBAN  DEVELOPMENT
PURSUANT TO SECTION 8(C)(1) OF THE UNITED STATES HOUSING ACT OF 1937, AS
AMENDED, 42 USC 1437F(C)(1).
  (4)  RESTRICTION UPON THE INCOME LEVEL OF TAXPAYERS ELIGIBLE FOR CRED-
IT.  (A) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT  IN  CONJUNC-
TION WITH ACTIVITIES MADE TO AN OWNER-OCCUPIED UNIT, THE ELIGIBILITY FOR
THE  TAX  CREDIT  SHALL  BE  LIMITED  TO TAXPAYERS WHOSE INCOME DOES NOT
EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN FAMILY INCOME  ESTABLISHED
ANNUALLY  BY  THE  FEDERAL  DEPARTMENT  OF HOUSING AND URBAN DEVELOPMENT
PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS
AMENDED, 42 USC 1437C(B)(2); AND
  (B) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT IN   CONJUNCTION
WITH  ACTIVITIES MADE TO A DWELLING UNIT IN WHICH THERE ARE FOUR OR MORE
DWELLING UNITS THAT ARE RENTED OR LEASED, THEN ELIGIBILITY FOR  THE  TAX
CREDIT  SHALL  BE  LIMITED TO SUCH DWELLING UNITS IN WHICH THE HOUSEHOLD
INCOME OF THE OCCUPANTS IN EACH DWELLING  UNIT  DID  NOT  EXCEED  EIGHTY
PERCENT  OF  THE  AREA  MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO  SECTION
3(B)(2)  OF  THE  UNITED  STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC
1437C(B)(2).
  (5) MULTIPLE TAXPAYERS. IF THE DWELLING UNIT IS OWNED BY TWO  OR  MORE
TAXPAYERS,  THE  AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR
EACH SUCH ELIGIBLE TAXPAYER SHALL BE PRORATED ACCORDING TO THE  PERCENT-
AGE  OF  THE  TOTAL EXPENDITURE FOR ELIGIBLE ACTIVITIES INCURRED BY EACH
TAXPAYER AND SHALL NOT EXCEED FIVE THOUSAND DOLLARS.
  (6) EXPENSES TO BE PAID BY TAXPAYER. THE AMOUNT OF ANY CREDIT  ALLOWED
UNDER THIS SUBDIVISION SHALL BE RESTRICTED TO EXPENSES ACTUALLY INCURRED
AND  SHALL NOT INCLUDE ANY COST TO THE EXTENT SUCH COST IS FUNDED BY ANY
GRANT, CONTRACT, OR OTHERWISE BY ANOTHER PERSON OR BY  ANY  GOVERNMENTAL
ENTITY,  INCLUDING  A  LOAN  FROM MONEYS IN THE CHILDHOOD LEAD POISONING
PRIMARY PREVENTION AND SAFE HOUSING FUND.
  (7) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
THIS  SUBDIVISION  FOR  ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX
FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF  TAX  TO
BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
THOUSAND EIGHTY-SIX OF THIS CHAPTER, PROVIDED, HOWEVER, THAT NO INTEREST
SHALL BE PAID THEREON.
  (8) DUPLICATE CREDIT PROHIBITED. NO COST SHALL BE ELIGIBLE FOR A CRED-
IT  UNDER THIS SUBDIVISION IF THE TAXPAYER IS ENTITLED TO CLAIM A CREDIT
IN THE SAME AMOUNT UNDER EITHER THE FEDERAL TAX CODE OR OTHER PROVISIONS
OF THIS CHAPTER.

S. 566                             12

  (9) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO  CREDIT  SHALL  BE
ALLOWED  UNDER  THIS  SUBDIVISION  UNLESS  THE  TAXPAYER PROVIDES TO THE
COMMISSIONER:
  (A)  A CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES OF
A TAX CREDIT PURSUANT TO SECTION THIRTEEN HUNDRED  SEVENTY-NINE  OF  THE
PUBLIC HEALTH LAW; AND
  (B)  ANY  OTHER  DOCUMENTS THE DEPARTMENT DEEMS NECESSARY TO DETERMINE
ELIGIBILITY FOR THE TAX CREDIT PURSUANT TO THIS SUBDIVISION.
  (10) PROMULGATION OF REGULATIONS. THE  COMMISSIONER,  IN  CONSULTATION
WITH  THE COMMISSIONER OF HEALTH, THE SECRETARY OF STATE AND THE COMMIS-
SIONER OF HOUSING AND COMMUNITY  RENEWAL  SHALL  PROMULGATE  REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
  (11)  MAXIMUM AGGREGATE. PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-
NINE OF THE PUBLIC HEALTH LAW, THE MAXIMUM AMOUNT OF CREDIT ALLOWED,  IN
THE  AGGREGATE,  FOR  ALL  TAX  CREDITS SHALL NOT EXCEED FIFTEEN MILLION
DOLLARS AND FUNDING FOR SUCH TAX CREDITS IS SUBJECT TO APPROPRIATION.
  S 11. The state finance law is amended by adding a new section 99-t to
read as follows:
  S 99-T. CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND  SAFE  HOUSING
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
SIONER  OF HEALTH AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND.  SUCH
FUND  SHALL  CONSIST  OF THE LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING
LOAN ACCOUNT AND THE PRIMARY PREVENTION AND SAFE HOUSING ACCOUNT.
  2. THE LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN ACCOUNT  SHALL
CONSIST  OF MONEYS APPROPRIATED TO IT AS WELL AS ANY MONEYS FROM GRANTS,
GIFTS, DONATIONS, BEQUESTS AND ALL OTHER MONEYS CREDITED OR  TRANSFERRED
THERETO  FROM  ANY  OTHER  FUND  OR  SOURCE  PURSUANT  TO LAW, WHICH ARE
INTENDED TO ASSIST OWNERS OF RESIDENTIAL PROPERTIES IN MEETING THE STAN-
DARDS FOR  "ABATED"  OR  "INTERIM  CONTROLS  IMPLEMENTED"  CERTIFICATION
PURSUANT  TO  SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH
LAW.
  3. (A) THE COMMISSIONER OF HEALTH SHALL  PROMULGATE  RULES  AND  REGU-
LATIONS  WHICH  PROVIDE  FOR  THE ORDERLY AND EQUITABLE DISBURSEMENT AND
REPAYMENT OF FUNDS OF THE LEAD-BASED PAINT  HAZARD  ABATEMENT  REVOLVING
LOAN ACCOUNT.
  (B)  FOLLOWING  APPROPRIATION  BY THE LEGISLATURE, FUNDS PLACED IN THE
LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN ACCOUNT SHALL  BE  MADE
AVAILABLE, UPON APPLICATION DULY MADE, PURSUANT TO RULES AND REGULATIONS
PROMULGATED  BY THE COMMISSIONER OF HEALTH, TO THE OWNERS OF RESIDENTIAL
PROPERTIES, AND TO NON-PROFIT ORGANIZATIONS FOR THE PURPOSE OF  BRINGING
RESIDENTIAL  PROPERTIES  INTO COMPLIANCE WITH THE STANDARDS FOR "ABATED"
AND "INTERIM CONTROLS IMPLEMENTED" CERTIFICATION  STATUS  IN  ACCORDANCE
WITH SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW.
  (C)  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.
  (D) THE PROCEEDS FROM THE REPAYMENT OF ANY LOANS MADE PURSUANT TO THIS
SECTION OR FROM FUNDS IN THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLV-
ING LOAN ACCOUNT SHALL BE DEPOSITED IN AND RETURNED TO  THE  RESIDENTIAL
PROPERTY  LEAD ABATEMENT REVOLVING LOAN ACCOUNT TO CONSTITUTE A CONTINU-
ING REVOLVING FUND FOR THE PURPOSES PROVIDED IN THIS SECTION.
  (E) THE COMMISSIONER OF HEALTH MAY REQUEST AND SHALL BE PROVIDED  WITH
SUCH  COOPERATION,  ASSISTANCE AND SERVICES FROM ANY AGENCY, DEPARTMENT,
DIVISION, BOARD, COMMISSION OR AUTHORITY OF THE STATE  HAVING  JURISDIC-

S. 566                             13

TION  OVER  MATTERS  RELATED  TO  THE PROVISIONS OF THIS SUBDIVISION, AS
DEEMED REASONABLY NECESSARY. THE COMMISSIONER OF HEALTH  IN  CONJUNCTION
WITH  THE  COMMISSIONER OF THE DIVISION 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 ACCOUNT.
  (F) UNLESS OTHERWISE STATED, MONEYS DEPOSITED INTO THE CHILDHOOD  LEAD
POISONING  PRIMARY PREVENTION AND SAFE HOUSING FUND SHALL BE CREDITED TO
THE PRIMARY PREVENTION AND SAFE HOUSING ACCOUNT.
  4. THE PRIMARY PREVENTION AND SAFE HOUSING ACCOUNT  SHALL  CONSIST  OF
MONEYS  RECEIVED  BY  THE  STATE  PURSUANT  TO SECTIONS THIRTEEN HUNDRED
SEVENTY-EIGHT AND THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW
AS WELL AS ANY MONEYS FROM GRANTS, GIFTS, DONATIONS,  BEQUESTS  AND  ALL
OTHER  MONEYS  APPROPRIATED,  CREDITED  OR  TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW.  MONEYS IN THE ACCOUNT,  FOLLOWING
APPROPRIATION  BY  THE  LEGISLATURE,  SHALL  BE  USED FOR ACTIVITIES AND
EXPENSES OF THE DEPARTMENT OF HEALTH, THE DEPARTMENT  OF  STATE  OR  THE
DEPARTMENT  OF TAXATION AND FINANCE UNDERTAKEN PURSUANT TO THE CHILDHOOD
LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING ACT.
  5. MONEYS IN THE FUND AND IN EACH OF THE ACCOUNTS SHALL BE KEPT  SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMPTROLLER.
  6.  MONEYS  OF  THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
HEALTH. AT THE END OF EACH YEAR ANY MONEYS REMAINING IN THE  FUND  SHALL
BE RETAINED IN THE FUND AND SHALL NOT REVERT OR OTHERWISE BE TRANSFERRED
TO  THE  GENERAL  FUND  OR  TO  ANY OTHER SPECIAL FUND. THE INTEREST AND
INCOME EARNED ON MONEY IN  THE  FUND,  AFTER  DEDUCTING  ANY  APPLICABLE
CHARGES, SHALL BE CREDITED TO THE FUND.
  S 12. The public health law is amended by adding a new section 1379 to
read as follows:
  S  1379.  CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES
OF A TAX CREDIT. 1. UPON APPLICATION OF A TAXPAYER,  THE  DEPARTMENT  IS
AUTHORIZED  TO  ISSUE  A CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES
FOR PURPOSES OF A TAX CREDIT  PURSUANT  TO  SUBDIVISION  FORTY-THREE  OF
SECTION  TWO  HUNDRED TEN AND SUBSECTION (SS) OF SECTION SIX HUNDRED SIX
OF THE TAX LAW EQUAL TO FIFTY PERCENT  OF  THE  COST  OF  THE  QUALIFIED
ACTIVITIES  COMPLETED  WHICH BROUGHT ANY HABITABLE DWELLING UNIT LOCATED
IN THIS STATE INTO COMPLIANCE WITH THE STANDARDS FOR EITHER "ABATED"  OR
"INTERIM   CONTROLS  IMPLEMENTED"  CERTIFICATION  STATUS,  PROVIDED  THE
TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF SUBDIVISION TWO
OF THIS SECTION.
  A. SUCH DWELLING UNIT MUST BE CERTIFIED AS EITHER "ABATED" OR "INTERIM
CONTROLS IMPLEMENTED" IN ORDER FOR ANY CERTIFICATE TO  BE  ISSUED  UNDER
THIS  SECTION.    A  DWELLING UNIT MAY BE CERTIFIED "ABATED" OR "INTERIM
CONTROLS IMPLEMENTED" IF LEAD-BASED PAINT HAZARDS OR  CONDITIONS  CONDU-
CIVE TO LEAD POISONING HAVE BEEN ELIMINATED OR CONTROLLED AS FOLLOWS:
  (I) LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS HAVE BEEN PERMANENTLY
ELIMINATED  USING  MEASURES  WHICH MAY INCLUDE THE REMOVAL OF LEAD-BASED
PAINT, THE PERMANENT 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.  FOR  CERTIF-
ICATION PURPOSES, THE LEAD STATUS OF SUCH DWELLING UNITS SHALL BE CERTI-
FIED AS "ABATED."
  (II)  ALL  CHIPPING,  PEELING, OR FLAKING LEAD-BASED PAINT OR PAINT OF
UNKNOWN LEAD CONTENT ON PAINTED SURFACES HAS BEEN REMOVED AND REPAINTED,

S. 566                             14

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 HAS BEEN REPAIRED; AND 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 ENCAP-
SULATED WITH VINYL, METAL, OR ANY OTHER DURABLE MATERIALS  WHICH  RENDER
THE  SURFACE  SMOOTH AND CLEANABLE; AND 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 ALL BARE FLOORS HAVE BEEN MADE SMOOTH  AND  CLEANA-
BLE.  FOR CERTIFICATION PURPOSES, THE LEAD STATUS OF SUCH DWELLING UNITS
SHALL BE CERTIFIED AS "INTERIM CONTROLS IMPLEMENTED."
  (III) FOR THE AREA WITHIN THREE FEET SURROUNDING THE  PERIMETER  OF  A
BUILDING,  NO BARE SOIL IS PRESENT. FOR CERTIFICATION PURPOSES, THE LEAD
STATUS OF SUCH DWELLING UNITS SHALL BE CERTIFIED  AS  "INTERIM  CONTROLS
IMPLEMENTED."
  (IV)  FOR SOIL LEAD HAZARDS, THE REMOVAL OR PERMANENT COVERING OF SUCH
HAZARDS. FOR CERTIFICATION PURPOSES, THE LEAD STATUS  OF  SUCH  DWELLING
UNITS SHALL BE CERTIFIED AS "ABATED."
  (V) ALL WORK HAS BEEN COMPLETED IN ACCORDANCE WITH THE SAFE WORK PRAC-
TICE  REGULATIONS  PROMULGATED  PURSUANT  TO  THIS  SECTION;  AND AT THE
COMPLETION OF ANY ACTIVITIES DESCRIBED IN THIS SUBDIVISION THAT  DISTURB
LEAD-BASED  PAINT  OR  PAINT  OF  UNKNOWN  LEAD CONTENT, EXCEPT IF THOSE
ACTIVITIES WOULD BE CONSIDERED SMALL JOBS  PURSUANT  TO  CLAUSE  TEN  OF
SUBPARAGRAPH (VII) OF THIS PARAGRAPH, THE INTERIOR OF THE AFFECTED AREAS
OF  THE DWELLING UNIT HAS BEEN HEPA VACUUMED AND WASHED WITH HIGH PHOSP-
HATE DETERGENT OR ITS EQUIVALENT; AND CLEARANCE FOR  DUST  LEAD  HAZARDS
HAS BEEN ACHIEVED AS DETERMINED BY A CLEARANCE EXAMINATION THAT INCLUDES
WIPE SAMPLES.
  (VI) ALL CLEARANCE EXAMINATIONS SHALL BE PERFORMED BY PERSONS OR ENTI-
TIES  INDEPENDENT  OF  THOSE  PERFORMING HAZARD REDUCTION OR MAINTENANCE
ACTIVITIES.
  (VII) ALL ACTIVITIES UNDERTAKEN PURSUANT TO THIS SECTION BY  AN  OWNER
OR  THE  OWNER'S AGENTS OR CONTRACTORS THAT DISTURBS LEAD-BASED PAINT OR
PAINT OF UNDETERMINED LEAD CONTENT SHALL BE PERFORMED IN ACCORDANCE WITH
SAFE WORK REGULATIONS PROMULGATED THAT THE DEPARTMENT IS HEREBY  AUTHOR-
IZED  AND DIRECTED TO PROMULGATE. SUCH REGULATIONS SHALL PROVIDE FOR BUT
NOT BE LIMITED TO:
  (1) PRE-RENOVATION NOTIFICATION TO TENANTS, OWNERS AND OTHER PERSONS;
  (2) 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;
  (3) PRECAUTIONS TO PREVENT ENTRY INTO THE WORK AREA BY OCCUPANTS UNTIL
CLEAN-UP IS COMPLETED AND OTHER WORKSITE PREPARATIONS;
  (4) TEMPORARY RELOCATION FOR THE  OCCUPANTS  OF  A  DWELLING  UNIT  TO
APPROPRIATE HOUSING WHEN WORK CANNOT BE PERFORMED SAFELY AND OTHER OCCU-
PANT PROTECTIONS;
  (5)  PRECAUTIONS  TO  PREVENT  THE  DISPERSION OF LEAD DUST AND DEBRIS
DURING THE WORK;

S. 566                             15

  (6) PROHIBITED PRACTICES OF LEAD PAINT REMOVAL, INCLUDING DRY SCRAPING
AND SANDING, USE OF POWER TOOLS WITHOUT PROPER  ENVIRONMENTAL  CONTROLS,
THE USE OF TOXIC SUBSTANCES AND OTHER SAFE WORK PRACTICES;
  (7) PROPER DAILY AND FINAL CLEAN-UP REQUIREMENTS;
  (8) DUST WIPE TESTING AND OTHER CLEARANCE ACTIVITIES;
  (9)  PRE-RENOVATION  NOTIFICATION  OF LOCAL MUNICIPAL CODE ENFORCEMENT
AGENCIES OR HEALTH DEPARTMENTS, WHERE APPROPRIATE; AND
  (10) 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.
  B.  A CERTIFICATE MAY BE ISSUED FOR THE FOLLOWING QUALIFIED ACTIVITIES
PROVIDED  THE  EXPECTED  USEFUL  LIFE OF SUCH ACTIVITIES IS TEN YEARS OR
MORE, AS DETERMINED BY REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT  OF
TAXATION  AND  FINANCE IN CONSULTATION WITH THE DEPARTMENT OF STATE, THE
DEPARTMENT AND THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL,  AND  THE
TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF SUBDIVISION TWO
OF THIS SECTION:
  (I)  ANY  SET  OF  MEASURES WHICH WOULD RESULT IN THE PERMANENT ELIMI-
NATION OF LEAD-BASED PAINT OR LEAD-BASED PAINT  HAZARDS,  INCLUDING  THE
REMOVAL OF LEAD-BASED PAINT, THE PERMANENT 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;
  (II) THE REPLACEMENT OF ANY SURFACES,  WINDOWS,  OR  FIXTURES  PAINTED
WITH LEAD-BASED PAINT;
  (III) THE ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT; AND
  (IV) THE REMOVAL OR ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT, OR
PAINT  OF  UNKNOWN  LEAD  CONTENT,  FROM  FRICTION SURFACES, SUCH AS THE
INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES, THE STRIPPING AND
REPAINTING OF INTERIOR WINDOW TROUGHS AND WINDOWSILLS OR THEIR  REPLACE-
MENT  OR ENCAPSULATION WITH VINYL, METAL, OR ANY OTHER DURABLE MATERIALS
WHICH RENDER THE SURFACE SMOOTH AND  CLEANABLE,  OR  THE  STRIPPING  AND
RE-HANGING OF DOORS.
  2.  NO CERTIFICATE SHALL BE ISSUED UNLESS THE TAXPAYER PROVIDES TO THE
COMMISSIONER:
  (A) DOCUMENTATION THAT THE DWELLING  UNIT  WAS  CONSTRUCTED  PRIOR  TO
NINETEEN  HUNDRED SEVENTY-EIGHT, THE ADDRESS OF THE DWELLING UNIT, PROOF
OF OWNERSHIP OF OR RESIDENCY IN SUCH DWELLING UNIT; AND
  (B) DOCUMENTATION THAT THE TAXPAYER HAS INCURRED THE EXPENSES  SUBMIT-
TED FOR CREDIT FOR THE QUALIFIED ACTIVITIES; AND
  (C)  DOCUMENTATION  THAT  THE  DWELLING UNIT FOR WHICH THE TAXPAYER IS
APPLYING FOR A CERTIFICATE MEETS THE STANDARDS FOR "ABATED" OR  "INTERIM
CONTROLS IMPLEMENTED" LEAD CERTIFICATION; AND
  (D)  DOCUMENTATION  THAT  THE  DWELLING UNIT DID NOT OR WOULD NOT HAVE
BEEN LIKELY TO MEET THE STANDARDS  FOR  "ABATED"  OR  "INTERIM  CONTROLS
IMPLEMENTED"  LEAD  CERTIFICATION STATUS PRIOR TO UNDERTAKING THE QUALI-
FIED ACTIVITIES, SUCH DOCUMENTATION MAY INCLUDE BUT NOT BE LIMITED TO  A
VERIFIED  REPORT  OF  AN  INSPECTION  FOR  CONDITIONS  CONDUCIVE TO LEAD
POISONING OR LEAD-BASED PAINT HAZARDS; AND
  (E) IN THE CASE OF A DWELLING UNIT THAT IS RENTED OR LEASED,  THAT  AT
NO  TIME  DURING  THE  TAX  YEAR  IN WHICH THE QUALIFIED ACTIVITIES WERE
COMPLETED DID THE CONTRACT RENT FOR THE UNIT, INCLUDING ANY RENT SUBSIDY
OR SHELTER ALLOWANCE THAT HAS BEEN PAID TO THE OWNER ON  BEHALF  OF  THE
TENANT,  EXCEED  ONE  HUNDRED PERCENT OF THE APPLICABLE AREA FAIR MARKET

S. 566                             16

RENT PUBLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING  AND  URBAN
DEVELOPMENT  PURSUANT  TO  SECTION 8 (C)(1) OF THE UNITED STATES HOUSING
ACT OF 1937, AS AMENDED, OR, IN THE CASE OF AN  OWNER-OCCUPIED  DWELLING
UNIT,  THAT  THE  HOUSEHOLD  INCOME  OF THE OCCUPANTS DID NOT EXCEED ONE
HUNDRED PERCENT OF THE AREA MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY
THE FEDERAL DEPARTMENT OF HOUSING  AND  URBAN  DEVELOPMENT  PURSUANT  TO
SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42
USC 1437C(B)(2); AND
  (F)  IN  THE  CASE  OF A DWELLING UNIT IN WHICH THERE ARE FOUR OR MORE
DWELLING UNITS THAT ARE RENTED OR LEASED, THAT THE HOUSEHOLD  INCOME  OF
THE  OCCUPANTS  DID  NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN FAMILY
INCOME ESTABLISHED ANNUALLY BY THE FEDERAL  DEPARTMENT  OF  HOUSING  AND
URBAN DEVELOPMENT PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUS-
ING ACT OF 1937, AS AMENDED, 42 USC 1437C(B)(2); AND
  (G)  DOCUMENTATION THAT THE DWELLING UNIT IS HABITABLE AT THE TIME THE
APPLICATION FOR THE CERTIFICATE IS FILED WITH THE DEPARTMENT; AND
  (H) ANY OTHER DOCUMENTS THE DEPARTMENT DEEMS  NECESSARY  TO  DETERMINE
ELIGIBILITY FOR THE CERTIFICATE PURSUANT TO THIS SECTION.
  3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TAXATION
AND  FINANCE, THE SECRETARY OF STATE AND THE COMMISSIONER OF HOUSING AND
COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS  NECESSARY  TO  IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  4.  A CERTIFICATE SHALL BE ISSUED WITHIN FORTY-FIVE DAYS AFTER WRITTEN
APPLICATION THEREFOR IF A DWELLING UNIT SHALL BE ENTITLED THERETO.
  5.  THE  DEPARTMENT  IS  AUTHORIZED  TO  REFUSE,  REVOKE OR CANCEL ANY
CERTIFICATE IN CASE OF ANY FAILURE TO COMPLY WITH ANY OF THE ELIGIBILITY
REQUIREMENTS, OR IN CASE ANY FALSE ALLEGATION OR REPRESENTATION IS  MADE
IN ANY APPLICATIONS FILED FOR SUCH CERTIFICATE. THE DEPARTMENT MAY ISSUE
ONE CERTIFICATE THAT IS APPLICABLE TO MORE THAN ONE DWELLING UNIT WITHIN
A  DWELLING PROVIDED EACH UNIT FOR WHICH THE CERTIFICATE IS ISSUED WOULD
OTHERWISE BE ENTITLED TO A CERTIFICATE AND PROVIDED  FURTHER  THAT  SUCH
CERTIFICATE  CLEARLY  STATES  TO  WHICH  DWELLING UNITS SUCH CERTIFICATE
APPLIES.
  6. THE DEPARTMENT IS AUTHORIZED TO SET AND COLLECT  NOMINAL  FEES  FOR
APPLICATIONS  FILED  AND  FOR  CERTIFICATES  ISSUED.   THE FEES SHALL BE
DEPOSITED INTO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND  SAFE
HOUSING  FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE
FINANCE LAW.
  7. EACH CERTIFICATE SHALL STATE THE LEAD STATUS OF THE INTERIOR, EXTE-
RIOR AND EXTERIOR SOIL OF THE DWELLING  UNIT.    EACH  CERTIFICATE  ALSO
SHALL  STATE  THE  MAXIMUM  AMOUNT OF CREDIT ALLOWABLE FOR EACH DWELLING
UNIT FOR WHICH IT  IS  ISSUED,  IN  ACCORDANCE  WITH  THIS  SECTION  AND
SUBSECTION  (SS) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. EACH CERTIF-
ICATE SHALL ALSO STATE, AT A MINIMUM, THE  NAME,  ADDRESS  AND  TAXPAYER
IDENTIFICATION  NUMBER  OR  SOCIAL  SECURITY NUMBER OF THE TAXPAYER, THE
ADDRESS OF THE DWELLING UNIT, THE DATE OF  ISSUANCE,  THE  TAX  YEAR  IN
WHICH  THE CREDIT MAY APPLY AND THE SIGNATURE OF THE COMMISSIONER OR THE
COMMISSIONER'S DESIGNEE.
  8. CERTIFICATES SHALL NOT BE ISSUED, IN THE AGGREGATE, FOR  MORE  THAN
TEN  MILLION  DOLLARS  OF ALLOWABLE TAX CREDIT PER STATE FISCAL YEAR FOR
THE FIRST STATE YEAR AND FOR MORE THAN FIVE MILLION DOLLARS OF ALLOWABLE
TAX CREDIT PER STATE FISCAL  YEAR  FOR  THE  SECOND  SUCH  FISCAL  YEAR.
PROVIDED,  HOWEVER,  THAT  IF,  AS  OF THE END OF THE STATE FISCAL YEAR,
CERTIFICATES FOR ALLOWABLE TAX CREDIT AMOUNTS  TOTALING  LESS  THAN  THE
AMOUNT  PERMITTED  IN SUCH FISCAL YEAR HAVE BEEN ISSUED, THEN THE AMOUNT
PERMITTED FOR THE SUBSEQUENT STATE FISCAL YEAR SHALL BE AUGMENTED BY THE

S. 566                             17

AMOUNT OF SUCH SHORTFALL AND PROVIDED FURTHER THAT FUNDING FOR TAX CRED-
ITS PURSUANT TO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE
HOUSING ACT IS SUBJECT TO APPROPRIATION.
  9.  WHENEVER  THE  DEPARTMENT SHALL ISSUE A CERTIFICATE OF LEAD HAZARD
REDUCTION ACTIVITIES FOR PURPOSES OF A TAX CREDIT THE  DEPARTMENT  SHALL
NOTIFY  THE  DEPARTMENT OF TAXATION AND FINANCE AND SHALL COOPERATE WITH
THE DEPARTMENT OF TAXATION AND FINANCE TO CARRY OUT  THE  PROVISIONS  OF
SUBSECTION  (SS)  OF  SECTION  SIX  HUNDRED  SIX  OF THE TAX LAW AND THE
PROVISIONS OF THIS SECTION.
  10. THIS CERTIFICATE IS FOR TAX PURPOSES ONLY AND SHALL NOT  BE  VALID
FOR ANY OTHER PURPOSE OR REASON.
  S  13. The department of health may request and shall be provided with
such cooperation, assistance and services from any  agency,  department,
division,  board,  commission,  authority or public officer of the state
and its political subdivisions as may be  necessary  to  carry  out  the
provisions  of  this  act,  and  with  such  cooperation,  assistance or
services, any rules or regulations necessary for the timely  implementa-
tion of the provisions of this act shall be promulgated immediately.
  S 14.  This act shall take effect immediately; provided, however, that
section  seven  of this act shall take effect on the first of April next
succeeding the date on which it shall have become a  law;  and  provided
further  that sections eight, nine and ten of this act shall take effect
January 1, 2013 and shall expire and be deemed repealed  after  December
31,  2015;  and  provided  further that section twelve of this act shall
take effect January 1, 2013 and shall be deemed repealed after March 31,
2015.

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