S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7687
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2019
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, the  insurance  law,  the  social
   services  law,  the  public  housing  law  and  the  executive law, in
   relation to elevated lead levels in children

   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 "Dakota's Law".
   §  2.  The public health law is amended by adding a new section 1370-f
 to read as follows:
   § 1370-F. LEAD  SAFE  RESIDENTIAL  RENTAL  PROPERTIES.  1.    FOR  THE
 PURPOSES OF THIS SECTION:
   (A)  "RESIDENTIAL  RENTAL  PROPERTY"  SHALL  MEAN  A DWELLING WHICH IS
 EITHER RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS  OCCUPIED
 AS  THE  HOME,  RESIDENCE OR SLEEPING PLACE OF ONE OR MORE PERSONS OTHER
 THAN THE OWNER'S FAMILY. RESIDENTIAL RENTAL PROPERTY SHALL  NOT  INCLUDE
 SHORT  TERM  RENTAL PROPERTIES DURING WHICH GUESTS DO NOT STAY IN EXCESS
 OF TWENTY-EIGHT DAYS; AND
   (B) "LEAD SAFE" SHALL MEAN ANY RESIDENTIAL RENTAL PROPERTY  THAT:  (I)
 HAS  BEEN  DETERMINED THROUGH A LEAD-BASED PAINT INSPECTION CONDUCTED IN
 ACCORDANCE WITH APPROPRIATE FEDERAL REGULATIONS  NOT  TO  CONTAIN  LEAD-
 BASED  PAINT;  OR  (II)  MEETS  THE MINIMUM STANDARDS SET FORTH IN REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISH-
 ING  MINIMUM  STANDARDS  FOR  THE  MAINTENANCE  OF LEAD SAFE RESIDENTIAL
 RENTAL PROPERTIES. SUCH RULES AND REGULATIONS SHALL INCLUDE:
   (A) MINIMUM STANDARDS FOR MAINTAINING INTERNAL  AND  EXTERNAL  PAINTED
 SURFACES THAT CONTAIN LEAD-BASED PAINT; AND
   (B)  A  SCHEDULE  BY  WHICH OWNERS OF RESIDENTIAL RENTAL PROPERTY MUST
 IMPLEMENT AND COMPLY WITH SUCH MINIMUM STANDARDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05593-16-9
              

 A. 7687                             2
 
   3. IT SHALL BE THE RESPONSIBILITY  OF  AN  OWNER  OF  ANY  RESIDENTIAL
 RENTAL  PROPERTY  TO  MAINTAIN SUCH PROPERTY IN A LEAD SAFE CONDITION IN
 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED  BY  THE  COMMISSIONER
 PURSUANT TO THIS SECTION.
   4.  ALL PAINT ON ANY RESIDENTIAL RENTAL PROPERTY ON WHICH THE ORIGINAL
 CONSTRUCTION WAS COMPLETED PRIOR  TO  JANUARY  FIRST,  NINETEEN  HUNDRED
 SEVENTY-EIGHT,  SHALL  BE PRESUMED TO BE LEAD-BASED PAINT. THIS PRESUMP-
 TION MAY BE OVERCOME BY A CERTIFICATION ISSUED BY A FEDERALLY  CERTIFIED
 LEAD-BASED  PAINT  INSPECTOR OR RISK ASSESSOR THAT THE PROPERTY HAS BEEN
 DETERMINED NOT TO CONTAIN LEAD-BASED PAINT, OR BY SUCH  OTHER  MEANS  AS
 MAY  BE  PRESCRIBED  BY THE RULES AND REGULATIONS ADOPTED BY THE COMMIS-
 SIONER PURSUANT TO THIS SECTION.
   5. THE COMMISSIONER, LOCAL HEALTH OFFICER OF A COUNTY AND, IN THE CITY
 OF NEW YORK, THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF  HEALTH
 AND  MENTAL  HYGIENE,  MAY  ENTER  INTO  AN AGREEMENT OR CONTRACT WITH A
 MUNICIPAL GOVERNMENT REGARDING INSPECTION  OF  THE  LEAD  CONDITIONS  IN
 RESIDENTIAL  RENTAL  PROPERTIES AND SUCH HEALTH DEPARTMENT MAY DESIGNATE
 THE LOCAL HOUSING MAINTENANCE CODE ENFORCEMENT AGENCY IN WHICH THE RESI-
 DENTIAL RENTAL PROPERTY IS LOCATED AS AN AGENCY AUTHORIZED TO ADMINISTER
 AND ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND SUBSEQUENT
 REGULATIONS PURSUANT TO SUBDIVISION  ONE  OF  SECTION  THIRTEEN  HUNDRED
 SEVENTY-FIVE OF THIS TITLE.
   6.  IF  THE COMMISSIONER, OR OTHER OFFICER HAVING JURISDICTION, DETER-
 MINES THAT AN OWNER OF RESIDENTIAL RENTAL PROPERTY IS  IN  VIOLATION  OF
 THIS  SECTION  OR  ANY RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 SECTION, THE COMMISSIONER OR OTHER  OFFICER  HAVING  JURISDICTION  SHALL
 HAVE  THE AUTHORITY TO ORDER THE ABATEMENT OF ANY LEAD CONDITION PRESENT
 AT THE RESIDENTIAL RENTAL PROPERTY AND ASSESS FINES NOT  TO  EXCEED  TWO
 THOUSAND DOLLARS FOR EACH VIOLATION.
   §  3. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
 public health law, paragraph (c) as amended by section 4 of  part  A  of
 chapter  58  of  the laws of 2009, and paragraph (d) as added by chapter
 485 of the laws of 1992, are amended and three new paragraphs  (e),  (f)
 and (g) are added to read as follows:
   (c) 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-identifying
 epidemiological data; and (iii)  disclosure  of  information  from  such
 registry to the statewide immunization information system established by
 section twenty-one hundred sixty-eight of this chapter; [and]
   (d)  develop  and  implement  public  education and community outreach
 programs on lead exposure, detection and risk reduction[.];
   (E) PRIMARY HEALTH CARE PROVIDERS SHALL PROVIDE THE PARENT OR GUARDIAN
 OF EACH CHILD UNDER SIX YEARS  OF  AGE  ANTICIPATORY  GUIDANCE  ON  LEAD
 POISONING  PREVENTION AS PART OF ROUTINE CARE, INCLUDING BUT NOT LIMITED
 TO THEIR RIGHT TO AN INSPECTION IF THE CHILD IS AT RISK  OF  LEAD  EXPO-
 SURE;
   (F) PRIMARY HEALTH CARE PROVIDERS SHALL SCREEN OR REFER EACH CHILD FOR
 BLOOD  LEAD SCREENING BEGINNING AT LEAST SIX MONTHS AND CONTINUING UNTIL
 THE AGE OF SIX AT EACH ROUTINE WELL-CHILD VISIT, OR AT LEAST ANNUALLY IF
 A CHILD HAS NOT HAD ROUTINE WELL-CHILD VISITS; AND
   (G) ADD A QUESTION TO THE LEAD EXPOSURE RISK ASSESSMENT  QUESTIONNAIRE
 FOR  CHILDREN  WHICH  SHALL  INCLUDE  A QUESTION ASKING IF THE CHILD HAS
 OBTAINED A BLOOD TEST FOR LEAD  ANNUALLY  BETWEEN  THE  AGES  OF  TWELVE
 MONTHS OLD AND SIX YEARS OLD.

 A. 7687                             3
 
   §  4. Section 1373 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6.  (A)  THE  COMMISSIONER  OR  THEIR REPRESENTATIVE SHALL REQUIRE THE
 JURISDICTIONAL LOCAL OR STATE HEALTH DEPARTMENT TO INVESTIGATE CASES  OF
 ELEVATED  LEAD LEVELS, AS DEFINED IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THIS TITLE, THAT ARE  REPORTED  BY  PHYSICIANS  TO  A
 LOCAL  OR  STATE  HEALTH  OFFICER  PURSUANT  TO SECTION THIRTEEN HUNDRED
 SEVENTY-E OF THIS TITLE.
   (B) A JURISDICTIONAL LOCAL HEALTH DEPARTMENT  MAY  REQUEST  ASSISTANCE
 FROM  THE  STATE  DEPARTMENT  OF HEALTH TO INVESTIGATE CASES OF ELEVATED
 LEAD LEVELS IF SUCH JURISDICTIONAL LOCAL HEALTH DEPARTMENT DOES NOT HAVE
 THE CAPACITY AND/OR RESOURCES TO  INVESTIGATE  SUCH  CASES  AS  REQUIRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, "JURISDICTIONAL LOCAL OR
 STATE HEALTH DEPARTMENT" SHALL MEAN THE LOCAL OR STATE HEALTH DEPARTMENT
 OF THE LOCAL OR STATE HEALTH  OFFICER  WHOM  A  PHYSICIAN  HAS  REPORTED
 ELEVATED  LEAD  LEVELS TO PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-E
 OF THIS TITLE.
   § 5. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 36 to read as follows:
   (36) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE POLICY SHALL NOT BE SUBJECT TO ANNUAL  DEDUCTIBLES  OR  COINSURANCE.
 FOR  THE  PURPOSES  OF THIS PARAGRAPH, "ELEVATED LEAD LEVELS" SHALL HAVE
 THE SAME MEANING AS SET FORTH IN SUBDIVISION  SIX  OF  SECTION  THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 6. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE  POLICY  SHALL  NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
 FOR THE PURPOSES OF THIS PARAGRAPH, "ELEVATED LEAD  LEVELS"  SHALL  HAVE
 THE  SAME  MEANING  AS  SET FORTH IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 7. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE  POLICY  SHALL  NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
 FOR THE PURPOSES OF THIS SUBSECTION, "ELEVATED LEAD LEVELS"  SHALL  HAVE
 THE  SAME  MEANING  AS  SET FORTH IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 8. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (gg) to read as follows:
   (GG)  SCREENING  AND BLOOD TESTS OF CHILDREN FOR ELEVATED LEAD LEVELS.
 FOR THE PURPOSES OF THIS PARAGRAPH, ELEVATED LEAD LEVELS SHALL HAVE  THE
 SAME  DEFINITION  AS  SET  FORTH  IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 9. Subdivision 4 of section 14 of the public housing law is  amended
 by adding a new paragraph (e) to read as follows:
   (E)  THE COMMISSIONER SHALL PROMULGATE RULES, REGULATIONS AND POLICIES
 WHICH:
   (I) SET THE ACTION LEVEL FOR LEAD TO THE  LEVEL  DEFINED  AS  ELEVATED
 LEAD  LEVELS  IN  SUBDIVISION SIX OF SECTION THIRTEEN HUNDRED SEVENTY OF
 THE PUBLIC HEALTH LAW WHEN IDENTIFYING ELEVATED  BLOOD  LEAD  LEVELS  OF
 CHILDREN OCCUPYING A DWELLING IN PUBLIC HOUSING; AND
   (II)  REQUIRE PROJECTS TO FOLLOW THE FEDERAL DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT'S GUIDANCE ON LEAD SAFE  HOUSING  RULE  PERTAINING  TO

 A. 7687                             4
 
 ELEVATED  BLOOD  LEVELS  FOR THE PUBLIC HOUSING, HOUSING CHOICE VOUCHER,
 AND PROJECT-BASED VOUCHER PROGRAMS.
   §  10. Subdivision 1 of section 383 of the executive law is amended by
 adding a new paragraph d to read as follows:
   D. THE REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH  PURSUANT
 TO  SUBDIVISION  TWO OF SECTION THIRTEEN HUNDRED SEVENTY-F OF THE PUBLIC
 HEALTH LAW (I) SHALL NOT BE SUPERSEDED BY THE PROVISIONS OF  THIS  ARTI-
 CLE, BY THE PROVISIONS OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE,
 OR BY THE PROVISIONS OF THE BUILDING AND FIRE PREVENTION CODES IN EFFECT
 IN  A CITY WITH A POPULATION OF OVER ONE MILLION; (II) SHALL BE APPLICA-
 BLE IN ADDITION TO, AND NOT IN SUBSTITUTION FOR OR  LIMITATION  OF,  THE
 PROVISIONS  OF  THE  UNIFORM  FIRE  PREVENTION AND BUILDING CODE AND THE
 PROVISIONS OF BUILDING AND FIRE PREVENTION CODES  IN  EFFECT  IN  CITIES
 WITH  A  POPULATION OF OVER ONE MILLION; AND (III) SHALL BE ADMINISTERED
 AND ENFORCED BY THE COMMISSIONER OF HEALTH, THE LOCAL HEALTH OFFICER  OF
 A COUNTY, THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF HEALTH AND
 MENTAL  HYGIENE, OR A MUNICIPAL GOVERNMENT ENTERING INTO AN AGREEMENT OR
 CONTRACT AUTHORIZED BY SUBDIVISION  FIVE  OF  SECTION  THIRTEEN  HUNDRED
 SEVENTY-F  OF  THE  PUBLIC  HEALTH  LAW,  IN THE MANNER PROVIDED IN SAID
 SUBDIVISION.
   § 11. This act shall take effect immediately.