Assembly Bill A10585

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10585
 
                           I N  A S S E M B L Y
 
                                May 7, 2018
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the public housing law,  in  relation  to  reporting  on
   lead-based paint poisoning prevention and control
 
   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 a  new  section
 402-e to read as follows:
   §  402-E.  REPORTING  ON  LEAD-BASED  PAINT  POISONING  PREVENTION AND
 CONTROL.  1. COMMENCING ON JULY FIRST, TWO THOUSAND EIGHTEEN  AND  EVERY
 JULY FIRST OF EACH YEAR THEREAFTER, THE CHAIR OF THE NEW YORK CITY HOUS-
 ING  AUTHORITY  SHALL  SUBMIT A DRAFT PLAN FOR REVIEW AND COMMENT TO THE
 NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND THE
 NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE ON  THE  NEW  YORK
 CITY  HOUSING  AUTHORITY'S POLICIES AND PROCEDURES RELATED TO LEAD-BASED
 PAINT POISONING PREVENTION AND CONTROL AND THE MANNER IN WHICH  THE  NEW
 YORK  CITY  HOUSING  AUTHORITY  PROPOSES  TO IMPLEMENT SUCH POLICIES AND
 PROCEDURES.
   THE FINAL PLAN SHALL TAKE INTO CONSIDERATION COMMENTS OFFERED  BY  THE
 NEW  YORK  CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND THE NEW YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND  DEVELOPMENT  AND  SHALL  BE
 PUBLISHED BY AUGUST FIFTEENTH OF EACH YEAR ON EACH DEPARTMENT'S WEBSITE,
 INCLUDING THE NEW YORK CITY HOUSING AUTHORITY'S WEBSITE, ALONGSIDE OTHER
 REPORTS  PERTAINING TO LEAD-BASED PAINT POISONING PREVENTION AND CONTROL
 SO THAT SUCH REPORT IS AVAILABLE FOR PUBLIC VIEWING.
   2. COMMENCING ON JANUARY FIFTEENTH, TWO THOUSAND  NINETEEN  AND  EVERY
 JANUARY  FIFTEENTH  OF  EACH  YEAR THEREAFTER, THE CHAIR OF THE NEW YORK
 CITY HOUSING AUTHORITY SHALL PRODUCE A WRITTEN REPORT OUTLINING FEDERAL,
 STATE AND LOCAL LAWS FORMING THE NEW YORK CITY HOUSING AUTHORITY'S POLI-
 CIES AND PROCEDURES RELATED TO LEAD-BASED PAINT POISONING PREVENTION AND
 CONTROL AND ITS IMPLEMENTATION OF SUCH POLICIES AND PROCEDURES  FOR  THE
 PRIOR  FISCAL YEAR.  SUCH REPORT SHALL BE SUBMITTED TO THE NEW YORK CITY
 DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND THE NEW YORK CITY DEPARTMENT
 OF HOUSING PRESERVATION AND DEVELOPMENT AND SHALL BE PUBLISHED  ON  EACH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15435-02-8

 A. 10585                            2

 DEPARTMENT'S  WEBSITE  ALONGSIDE  OTHER REPORTS PERTAINING TO LEAD-BASED
 PAINT POISONING PREVENTION AND CONTROL SO THAT SUCH REPORT IS  AVAILABLE
 FOR  PUBLIC  VIEWING. SUCH REPORT SHALL INCLUDE AN ANALYSIS OF THE LEAD-
 BASED  PAINT POISONING PREVENTION AND CONTROL PROGRAM, A DETAILED STATE-
 MENT OF REVENUE AND EXPENDITURES AND A STATISTICAL SECTION  DESIGNED  TO
 PROVIDE  A DETAILED EXPLANATION OF THE NEW YORK CITY HOUSING AUTHORITY'S
 IMPLEMENTATION, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING:
   A. A LIST OF DEVELOPMENTS CONSTRUCTED BEFORE JANUARY  FIRST,  NINETEEN
 HUNDRED  SEVENTY-EIGHT AND NOT EXEMPTED UNDER PART 35 OF TITLE 24 OF THE
 CODE OF FEDERAL REGULATIONS; AND
   B. A LIST OF DEVELOPMENTS CONSTRUCTED BEFORE JANUARY  FIRST,  NINETEEN
 HUNDRED SEVENTY-EIGHT AND THAT HAVE BEEN EXEMPTED UNDER PART 35 OF TITLE
 24 OF THE CODE OF FEDERAL REGULATIONS; AND
   C. THE NUMBER OF COMPLAINTS RELATED TO PEELING PAINT IN DWELLING UNITS
 AND/OR  COMMON  AREAS  LOCATED  IN BUILDINGS CONSTRUCTED BEFORE NINETEEN
 HUNDRED SEVENTY-EIGHT AND NOT EXEMPTED UNDER PART 35 OF TITLE 24 OF  THE
 CODE OF FEDERAL REGULATIONS; AND
   D. THE NUMBER OF WORK ORDERS RESULTING FROM SUCH COMPLAINTS AS IDENTI-
 FIED PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION; AND
   E.  THE  RESULTS  OF  THE  WORK  ORDERS, INCLUDING, IF APPLICABLE, THE
 REASON A PEELING PAINT COMPLAINT DID NOT RESULT IN AN INSPECTION OF SUCH
 COMPLAINT; AND
   F. THE NUMBER OF PEELING PAINT COMPLAINTS THAT DID NOT RESULT IN REME-
 DIATION AND THE REASON FOR SUCH; AND
   G. THE NUMBER OF ANNUAL PEELING PAINT VISUAL ASSESSMENTS COMPLETED  BY
 THE  NEW  YORK CITY HOUSING AUTHORITY AS REQUIRED BY APPLICABLE FEDERAL,
 STATE AND LOCAL LAWS, DISAGGREGATED BY THE LOCATION  OF  PEELING  PAINT,
 SUCH AS A COMMON AREA OR DWELLING UNIT; AND
   H.  THE NUMBER OF PEELING PAINT VISUAL ASSESSMENTS IDENTIFIED AS NEED-
 ING CORRECTIVE ACTION PURSUANT TO APPLICABLE FEDERAL,  STATE  AND  LOCAL
 LAWS  RELATING  TO  LEAD-BASED  PAINT,  DISAGGREGATED BY THE LOCATION OF
 PEELING PAINT, SUCH AS A COMMON AREA OR DWELLING UNIT; AND
   I. THE NUMBER OF LOCATIONS IDENTIFIED  AS  NEEDING  CORRECTIVE  ACTION
 THAT  RESULTED  IN REMEDIATION, DISAGGREGATED BY THE LOCATION OF PEELING
 PAINT, SUCH AS A COMMON AREA OR DWELLING UNIT; AND
   J. THE NUMBER OF LOCATIONS IDENTIFIED  AS  NEEDING  CORRECTIVE  ACTION
 THAT  DID NOT RESULT IN REMEDIATION AND THE REASON THE PEELING PAINT WAS
 NOT REMEDIATED; AND
   K. THE NUMBER OF UNITS WHERE A  FULL-UNIT  LEAD-BASED  PAINT  INVESTI-
 GATION  (TESTING)  WAS CONDUCTED UPON TURNOVER TO DETERMINE THE PRESENCE
 OF LEAD-BASED PAINT AND THE RESULTS OF THE INVESTIGATION; AND
   L. THE  NUMBER  OF  NEW  YORK  CITY  HOUSING  AUTHORITY  EMPLOYEES  OR
 CONTRACTED  FIRMS,  ASSIGNED TO CONDUCT THE FOLLOWING ACTIVITIES AND THE
 NUMBER  OF  THOSE  EMPLOYEES  OR  CONTRACTED  FIRMS  WITH  CERTIFICATION
 REQUIRED  TO  CONDUCT  SUCH  ACTIVITIES, INCLUDING: ANNUAL PEELING PAINT
 VISUAL  ASSESSMENTS,  LEAD-BASED  PAINT  REMEDIATION,  LEAD-BASED  PAINT
 ABATEMENT, AND LEAD-BASED PAINT INVESTIGATION (TESTING); AND
   M.  THE  TOTAL NUMBER OF EXEMPTIONS OBTAINED PURSUANT TO SUBDIVISION B
 OF SECTION 27-2056.5 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK
 AND  THE  NUMBER OF NEW YORK CITY PUBLIC HOUSING DEVELOPMENTS, BUILDINGS
 AND UNITS AFFECTED BY SUCH EXEMPTIONS; AND
   N. THE NUMBER OF UNITS FOR WHICH  THE  NEW  YORK  CITY  DEPARTMENT  OF
 HEALTH  AND  MENTAL HYGIENE HAS ISSUED A COMMISSIONER'S ORDER TO ABATE A
 NUISANCE PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION  173.13
 OF  THE  NEW  YORK CITY HEALTH CODE AND THE ACTIONS TAKEN IN RESPONSE TO
 SUCH ORDER; AND

 A. 10585                            3
 
   O. A STATISTICAL PROFILE OF BUILDINGS WITH GEOGRAPHIC  INDEXING,  SUCH
 AS  BY COMMUNITY DISTRICT, ASSEMBLY DISTRICT, SENATE DISTRICT AND/OR ZIP
 CODE, OF PEELING PAINT COMPLAINTS, ANNUAL PEELING PAINT  VISUAL  ASSESS-
 MENTS,  LEAD-BASED PAINT INSPECTIONS, AND COMMISSIONER'S ORDERS TO ABATE
 RELATED  TO  AN  ELEVATED  BLOOD  LEAD  LEVEL; INDICATING THE AGE OF THE
 BUILDING; AND
   P. THE NUMBER OF CIVIL ACTIONS BROUGHT AGAINST THE NEW YORK CITY HOUS-
 ING AUTHORITY ALLEGING INJURY CAUSED BY LEAD-BASED PAINT; AND
   Q. SUCH OTHER INFORMATION AS REQUESTED BY THE COMMISSIONER OF THE  NEW
 YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE OR THE COMMISSIONER OF
 THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT.
   3. THE NEW YORK CITY HOUSING AUTHORITY SHALL MAINTAIN A CENTRAL REGIS-
 TER  INTERNALLY OF ALL DEPARTMENT ORDERS TO CORRECT PEELING PAINT PURSU-
 ANT TO APPLICABLE FEDERAL, STATE AND LOCAL  LAWS.  SUCH  REGISTER  SHALL
 INDICATE  THE  DATE  OF  THE COMPLAINT, THE ADDRESS OF THE PREMISES, THE
 DATE OF EACH INSPECTION AND REINSPECTION, AND THE SCOPE OF  WORK  UNDER-
 TAKEN AS CORRECTIVE ACTIONS.
   § 2. This act shall take effect immediately.