S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4820
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  RIVERA,  BENEDETTO,  BRONSON, CLARK, COLTON,
   CONRAD, DE LOS SANTOS, DINOWITZ, GLICK, GONZALEZ-ROJAS, HEVESI,  JACK-
   SON,  JACOBSON,  LUNSFORD,  McDONOUGH,  MEEKS,  PEOPLES-STOKES, REYES,
   L. ROSENTHAL, SEAWRIGHT,  SEPTIMO,  SILLITTI,  SIMON,  STECK,  TAYLOR,
   THIELE -- read once and referred to the Committee on Judiciary

 AN  ACT  to  amend  the  real property law, in relation to requiring the
   disclosure of lead-based paint test  reports  in  real  estate  trans-
   actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 declares  that  lead  poisoning  of children persists as one of the most
 prevalent and preventable environmental  diseases  in  New  York  State.
 Nearly  100,000  children  were  newly identified with levels of lead in
 their blood at five micrograms per deciliter (mcg/dL) in New York  state
 between  2011  and  2015.   Medical research indicates that children can
 suffer permanent brain damage at blood levels even lower  than  5mcg/dL,
 and  that  there  is  no level of lead ingestion that is without adverse
 impact.  The predominant cause of lead poisoning in  young  children  is
 the ingestion of lead particles from deteriorating or abraded lead-based
 paint  from  older  and poorly maintained residences.  Although New York
 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74%
 of New York's housing stock was constructed prior to 1970 and lead-based
 paint was available outside of the state until 1978. New York state  has
 both  the  nation's  greatest number (over 4 million units), the highest
 percentage (55.08%) of pre-1960 and pre-1950 (41.0%)  housing,  and  the
 oldest housing inventory among the fifty states. At least ninety percent
 of  lead-based paint still exists in occupied housing built before 1960.
 New York state's older housing stock places residents at great  risk  of
 exposure to lead hazards, with low-income children living in older hous-
 ing  having  the highest risk of lead poisoning. Knowledge of lead-based
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02406-01-3
              

 A. 4820                             2
 
 paint hazards, their control, mitigation, abatement, and risk  avoidance
 is  not sufficiently widespread. In addition, while federal law requires
 the disclosure by sellers of real property of knowledge of the existence
 of  lead-based paint and lead-based paint hazards, and encourages poten-
 tial buyers to conduct inspections for  lead-based  paint,  these  mech-
 anisms  neither mandate that such inspections take place either by sell-
 ers  or  buyers.  This  gap  in  disclosure  requirements   results   in
 residential  property  being  transferred  without  any knowledge of the
 potential for such property to cause lead poisoning  and  the  attendant
 liabilities.
   Local  county  health  departments  lack  sufficient information as to
 which housing contains lead-based paint and the locations of such  lead-
 based paint, resulting in less cost-effective prevention of lead poison-
 ing,  avoidable  harm to children's health, and wasted public resources.
 The purposes of this act are to assure that  properties  that  have  not
 been  previously  tested for lead-based paint are not simply transferred
 to new owners without knowledge of whether  there  is  lead-based  paint
 present,  and  to  better utilize the existing federal laws that mandate
 disclosure of lead-based paint and lead-based paint hazards and  to  aid
 in  the  prevention  of lead poisoning.  This act is not intended to and
 does not diminish the responsibility of buyers to carefully examine  the
 property  which they intend to purchase and public records pertaining to
 the property. This act is not intended to and does  not  limit  existing
 responsibilities by a seller, buyer or agent concerning the condition of
 the  property or potential liabilities or remedies at law, statute or in
 equity.
   This act will significantly improve the transfer  process  and  better
 serve  the interests of all parties to a home purchase. It will increase
 clarity regarding the nature of the property and  will  provide  greater
 certainty  to contracts entered into by better informed buyers and sell-
 ers. As well, it will provide incentive to owners  to  voluntarily  test
 their property prior to sale.
   §  2.  The  real property law is amended by adding a new article 16 to
 read as follows:
                                ARTICLE 16
                      LEAD-BASED PAINT DISCLOSURE ACT
 SECTION 520. SHORT TITLE.
         521. DEFINITIONS.
         522. INSPECTION OF  RESIDENTIAL  REAL  PROPERTY  FOR  LEAD-BASED
                PAINT PRIOR TO TRANSFER OF TITLE.
         523. DUTY OF AGENT.
         524. LIABILITY.
   §  520.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "LEAD-BASED PAINT DISCLOSURE ACT".
   § 521. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "AGENT" SHALL MEAN A PERSON WHO IS LICENSED AS A REAL ESTATE BROKER
 OR A REAL ESTATE SALESPERSON PURSUANT TO SECTION FOUR HUNDRED FORTY-A OF
 THIS CHAPTER AND ACTING IN A FIDUCIARY CAPACITY.
   2. "BINDING CONTRACT OF  SALE"  SHALL  MEAN  A  REAL  ESTATE  PURCHASE
 CONTRACT  OR OFFER THAT WOULD, UPON SIGNING BY THE SELLER AND SUBJECT TO
 SATISFACTION OF ANY CONTINGENCIES, REQUIRE THE BUYER TO ACCEPT A  TRANS-
 FER OF TITLE.
   3.  "BROKER"  SHALL  HAVE  THE  SAME  MEANING  AS "REAL ESTATE BROKER"
 DEFINED BY SECTION FOUR HUNDRED FORTY OF THIS CHAPTER.
 A. 4820                             3
 
   4. "BUYER" SHALL MEAN ANY  ENTITY  THAT  ENTERS  INTO  A  REAL  ESTATE
 PURCHASE  CONTRACT,  INCLUDING  BUT NOT LIMITED TO INDIVIDUALS, PARTNER-
 SHIPS, CORPORATIONS,  TRUSTS,  GOVERNMENT  AGENCIES,  HOUSING  AGENCIES,
 INDIAN TRIBES, AND NONPROFIT ORGANIZATIONS.
   5.  "LEAD-BASED PAINT" SHALL MEAN PAINT OR OTHER SIMILAR SURFACE COAT-
 ING MATERIAL CONTAINING 1.0 MILLIGRAMS OF LEAD PER SQUARE CENTIMETER  OR
 GREATER,  AS DETERMINED BY LABORATORY ANALYSIS OF PAINT SAMPLES WITH ALL
 LAYERS OF PAINT PRESENT, OR BY AN X-RAY  FLUORESCENCE  ANALYZER.  IF  AN
 X-RAY  FLUORESCENCE  ANALYZER  IS  USED, READINGS SHALL BE CORRECTED FOR
 SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE PERFORMANCE CHARACTER-
 ISTIC SHEETS RELEASED BY  THE  UNITED  STATES  ENVIRONMENTAL  PROTECTION
 AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 FOR  THE  SPECIFIC  X-RAY FLUORESCENCE ANALYZER USED. X-RAY FLUORESCENCE
 READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE  OR  INCONCLUSIVE  IN
 ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVEL-
 OPMENT  GUIDELINES  FOR  THE  EVALUATION AND CONTROL OF LEAD-BASED PAINT
 HAZARDS IN HOUSING (JULY 2012) OR SUCCESSOR GUIDELINES, AND THE PERFORM-
 ANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED  STATES  ENVIRONMENTAL
 PROTECTION  AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT FOR THE SPECIFIC X-RAY  FLUORESCENCE  ANALYZER  USED.  X-RAY
 FLUORESCENCE  READINGS THAT FALL WITHIN THE INCONCLUSIVE ZONE, AS DETER-
 MINED BY THE PERFORMANCE CHARACTERISTIC SHEETS, SHALL  BE  CONFIRMED  BY
 LABORATORY  ANALYSIS OF PAINT CHIPS, RESULTS SHALL BE REPORTED IN MILLI-
 GRAMS OF LEAD PER SQUARE CENTIMETER AND THE MEASURE OF  SUCH  LABORATORY
 ANALYSIS  SHALL  BE DEFINITIVE. IF LABORATORY ANALYSIS IS USED TO DETER-
 MINE LEAD CONTENT, RESULTS SHALL BE REPORTED IN MILLIGRAMS OF  LEAD  PER
 SQUARE  CENTIMETER. WHERE THE SURFACE AREA OF A PAINT CHIP SAMPLE CANNOT
 BE ACCURATELY MEASURED OR IF AN ACCURATELY MEASURED  PAINT  CHIP  SAMPLE
 CANNOT  BE  REMOVED, A LABORATORY ANALYSIS MAY BE REPORTED IN PERCENT BY
 WEIGHT. IN SUCH CASE, LEAD-BASED PAINT SHALL MEAN  ANY  PAINT  OR  OTHER
 SIMILAR  SURFACE-COATING  MATERIAL CONTAINING MORE THAN 0.009 PERCENT OF
 METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF THE PAINT  OR  OTHER
 SIMILAR  SURFACE-COATING  MATERIAL.  IN THE EVENT THAT THE UNITED STATES
 ENVIRONMENTAL PROTECTION AGENCY OR A SUCCESSOR  AGENCY,  OR  THE  UNITED
 STATES  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A SUCCESSOR AGEN-
 CY, OR A DEPARTMENT OR AGENCY OF THE STATE OF NEW YORK THAT HAS OBTAINED
 APPLICABLE AUTHORIZATION PURSUANT TO 40 C.F.R. PART  745  SUBPART  Q  OR
 SUCCESSOR  REGULATION,  ADOPTS  MORE STRINGENT DEFINITIONS OF LEAD-BASED
 PAINT, SUCH MORE STRINGENT DEFINITIONS SHALL APPLY FOR THE  PURPOSES  OF
 THIS ARTICLE.
   6. "REAL ESTATE PURCHASE CONTRACT" SHALL MEAN ANY OF THE FOLLOWING:
   (A) A CONTRACT WHICH PROVIDES FOR THE PURCHASE AND SALE OR EXCHANGE OF
 RESIDENTIAL REAL PROPERTY;
   (B) A LEASE WITH AN OPTION TO PURCHASE RESIDENTIAL REAL PROPERTY;
   (C) A LEASE-WITH-OBLIGATION-TO-PURCHASE AGREEMENT FOR RESIDENTIAL REAL
 PROPERTY; OR
   (D) AN INSTALLMENT LAND SALE CONTRACT FOR RESIDENTIAL REAL PROPERTY.
   7.  "RESIDENTIAL REAL PROPERTY" SHALL MEAN REAL PROPERTY IMPROVED BY A
 RESIDENTIAL DWELLING ERECTED PRIOR TO THE YEAR NINETEEN  HUNDRED  SEVEN-
 TY-EIGHT.
   8. "RESIDENTIAL DWELLING" SHALL MEAN A SINGLE-FAMILY DWELLING, INCLUD-
 ING  ATTACHED  STRUCTURES SUCH AS PORCHES AND STOOPS, OR A SINGLE-FAMILY
 DWELLING UNIT WITHIN A STRUCTURE THAT CONTAINS MORE  THAN  ONE  SEPARATE
 RESIDENTIAL  DWELLING  UNIT, USED OR OCCUPIED, OR DESIGNED TO BE USED OR
 OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR  RESIDENCE  OF  ONE  OR  MORE
 PERSONS WHETHER OR NOT IT WAS OR WILL BE OCCUPIED.
 A. 4820                             4

   9. "SELLER" SHALL MEAN ANY ENTITY THAT INTENDS TO ENGAGE IN THE TRANS-
 FER  OF  TITLE  TO  A BUYER OF RESIDENTIAL REAL PROPERTY, IN WHOLE OR IN
 PART, INCLUDING BUT NOT LIMITED  TO  INDIVIDUALS,  PARTNERSHIPS,  CORPO-
 RATIONS,  TRUSTS,  GOVERNMENT AGENCIES, HOUSING AGENCIES, INDIAN TRIBES,
 MORTGAGE  BANKER, LENDER, AND NONPROFIT ORGANIZATIONS. THE TERM "SELLER"
 ALSO SHALL MEAN AN ENTITY THAT TRANSFERS SHARES IN A COOPERATIVELY OWNED
 PROJECT.
   10. "TEST FOR LEAD-BASED PAINT" SHALL MEAN A TEST FOR THE PRESENCE  OF
 LEAD-BASED PAINT THAT HAS BEEN CONDUCTED THROUGH BOTH A LEAD HAZARD RISK
 ASSESSMENT  AND  A  LEAD-BASED  PAINT INSPECTION AS DEFINED IN 40 C.F.R.
 745.103, 24 C.F.R. 35.86, AND THE UNITED STATES  DEPARTMENT  OF  HOUSING
 AND URBAN DEVELOPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF LEAD-
 BASED PAINT HAZARDS IN HOUSING (JULY 2012), OR SUCCESSOR REGULATIONS AND
 GUIDELINES,  AND  A REPORT PREPARED INDICATING THE RESULTS OF SUCH TEST,
 INCLUDING THE LOCATIONS WHERE TESTS WERE PERFORMED FOR LEAD-BASED  PAINT
 AND  LEAD-BASED  PAINT  HAZARDS AND THE READINGS OF ALL SUCH TESTS. SUCH
 TEST SHALL NOT BE VALID UNLESS PERFORMED BY A PERSON ACCREDITED PURSUANT
 TO: (A)  CERTIFICATION  TO  CONDUCT  LEAD  HAZARD  RISK  ASSESSMENT  AND
 INSPECTIONS  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSU-
 ANT TO 40 C.F.R. 745.226(B) OR  SUCCESSOR  REGULATION;  OR  (B)  CERTIF-
 ICATION  BY  A  STATE  OR TRIBAL PROGRAM AUTHORIZED BY THE UNITED STATES
 ENVIRONMENTAL PROTECTION AGENCY TO CERTIFY INDIVIDUALS ENGAGED IN  LEAD-
 BASED  PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR SUCCESSOR REGU-
 LATION OR ELIGIBLE TO CONDUCT THE INSPECTIONS REQUIRED BY THIS  ARTICLE.
 FOR  MULTIFAMILY  HOUSING, THE TEST MUST BE CONDUCTED IN ACCORDANCE WITH
 THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GUIDELINES
 FOR THE EVALUATION AND CONTROL OF LEAD-BASED PAINT  HAZARDS  IN  HOUSING
 (JULY 2012), OR SUCCESSOR GUIDELINES.
   11.  "TRANSFER  OF  TITLE"  SHALL MEAN DELIVERY OF A PROPERLY EXECUTED
 INSTRUMENT CONVEYING  TITLE  TO  RESIDENTIAL  REAL  PROPERTY  AND  SHALL
 INCLUDE  DELIVERY  OF A REAL ESTATE PURCHASE CONTRACT THAT IS A LEASE OR
 INSTALLMENT LAND SALE CONTRACT.
   § 522. INSPECTION OF RESIDENTIAL REAL PROPERTY  FOR  LEAD-BASED  PAINT
 PRIOR  TO TRANSFER OF TITLE. 1. (A) EFFECTIVE AUGUST FIRST, TWO THOUSAND
 TWENTY-FOUR, EVERY SELLER OF RESIDENTIAL REAL  PROPERTY  PURSUANT  TO  A
 REAL  ESTATE PURCHASE CONTRACT SHALL DELIVER TO A BUYER OR BUYER'S AGENT
 PRIOR TO THE SIGNING BY THE BUYER  OF  A  BINDING  CONTRACT  OF  SALE  A
 CERTIFICATE THAT SUCH PROPERTY HAS BEEN TESTED FOR LEAD-BASED PAINT, AND
 PROVIDE  THE  REPORT  OF SUCH TEST. A COPY OF THE CERTIFICATE CONTAINING
 THE SIGNATURE OF THE SELLER AND ANY REPORT  OF  A  TEST  FOR  LEAD-BASED
 PAINT  SHALL BE ATTACHED TO THE REAL ESTATE PURCHASE CONTRACT. A COPY OF
 SUCH CERTIFICATE AND REPORT OF SUCH TEST AND ANY SUBSEQUENT  REPORTS  OF
 SUCH  TESTS  SHALL  BE  FILED WITH THE STATE DEPARTMENT OF HEALTH IN THE
 DEPARTMENT OF HEALTH IN THE COUNTY WHERE SUCH RESIDENTIAL REAL  PROPERTY
 IS  LOCATED, AND SUCH CERTIFICATE SHALL AS WELL BE FILED WITH THE OFFICE
 AUTHORIZED UNDER SECTION THREE HUNDRED SEVENTY-TWO OF THIS CHAPTER TO BE
 REGISTRAR OF TITLE IN THE COUNTY WHERE SUCH REAL  PROPERTY  IS  LOCATED,
 AND SUCH OFFICE SHALL NOT ACCEPT FOR FILING AN INSTRUMENT OF TRANSFER OF
 TITLE UNLESS ACCOMPANIED BY SUCH CERTIFICATE WHERE APPLICABLE.
   (B) THE PRESENTATION OF A CERTIFICATE OF SUCH TEST BY A PRIOR OWNER OF
 SAID  PROPERTY  AND  EVIDENCE OF FILING SUCH CERTIFICATE AND REPORT WITH
 THE DEPARTMENT OF HEALTH IN THE COUNTY WHERE SUCH RESIDENTIAL REAL PROP-
 ERTY IS LOCATED, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE PROVISIONS
 OF THIS SUBDIVISION.
   (C) IN THE EVENT THE SELLER HAS NOT RECEIVED  FROM  A  PRIOR  OWNER  A
 CERTIFICATION AND REPORT OF SUCH TESTS AS SET FORTH IN THIS SUBDIVISION,
 A. 4820                             5
 
 THE  COSTS  OF  TESTING  FOR  LEAD-BASED  PAINT AND THE PREPARATION OF A
 CERTIFICATE AND REPORT THEREOF AS PROVIDED IN THIS SUBDIVISION SHALL  BE
 DEDUCTIBLE  BY  THE  TRANSFEROR  OR  GRANTOR,  UP  TO THE AMOUNT OF FIVE
 HUNDRED DOLLARS, OR IN A BUILDING WITH MORE THAN ONE DWELLING UNIT UP TO
 FOUR HUNDRED DOLLARS PER DWELLING UNIT TESTED, FROM THE TAXES IMPOSED BY
 SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN HUNDRED TWO-A OF THE TAX LAW.
 THE TRANSFEROR OR GRANTOR SHALL NOT BE REIMBURSED FOR COSTS IN EXCESS OF
 THE  TOTAL  TAXES  IMPOSED BY SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN
 HUNDRED TWO-A OF THE TAX LAW.
   2. ANY PROVISION IN A REAL ESTATE PURCHASE CONTRACT OR ANY OTHER DOCU-
 MENT RELATED TO THE TRANSFER OF TITLE IN RESIDENTIAL REAL PROPERTY  THAT
 PURPORTS  TO  WAIVE ANY RIGHT CREATED UNDER STATE OR FEDERAL LAW FOR THE
 BUYER TO CONDUCT A RISK ASSESSMENT OR  INSPECTION  OF  THE  PROPERTY  TO
 DETERMINE  THE  PRESENCE  OF  LEAD-BASED  PAINT  AND/OR LEAD-BASED PAINT
 HAZARDS, OR ANY ORAL AGREEMENT THAT PURPORTS TO  WAIVE  SUCH  RIGHT,  IS
 NULL  AND VOID AS AGAINST PUBLIC POLICY, NOTWITHSTANDING THAT SUCH WAIV-
 ERS MIGHT OTHERWISE BE PERMITTED BY FEDERAL LAW.
   3. A CERTIFICATE THAT SUCH PROPERTY HAS  BEEN  TESTED  FOR  LEAD-BASED
 PAINT  SHALL  NOT  BE  REQUIRED  IN CONNECTION WITH ANY OF THE FOLLOWING
 TRANSFERS OF RESIDENTIAL REAL PROPERTY:
   (A) A TRANSFER TO A BENEFICIARY OF A DEED OF TRUST;
   (B) A TRANSFER BY A FIDUCIARY IN THE COURSE OF THE ADMINISTRATION OF A
 DECEDENT'S ESTATE, A GUARDIANSHIP, A CONSERVATORSHIP, OR A TRUST;
   (C) A TRANSFER FROM ONE CO-OWNER TO ONE OR MORE OTHER CO-OWNERS;
   (D) A TRANSFER MADE TO THE TRANSFEROR'S  SPOUSE  OR  TO  ONE  OR  MORE
 PERSONS IN THE LINEAL CONSANGUINITY OF ONE OR MORE OF THE TRANSFERORS;
   (E)  A  TRANSFER  BETWEEN  SPOUSES  OR FORMER SPOUSES AS A RESULT OF A
 DECREE OF DIVORCE, DISSOLUTION OF MARRIAGE, ANNULMENT,  OR  LEGAL  SEPA-
 RATION  OR AS A RESULT OF PROPERTY SETTLEMENT, AGREEMENT INCIDENTAL TO A
 DECREE OF DIVORCE, DISSOLUTION OF MARRIAGE,  ANNULMENT  OR  LEGAL  SEPA-
 RATION;
   (F)  A  TRANSFER  TO OR FROM THE STATE, A POLITICAL SUBDIVISION OF THE
 STATE, OR ANOTHER GOVERNMENTAL ENTITY;
   (G) A TRANSFER BY A SHERIFF;
   (H) A TRANSFER PURSUANT TO A PARTITION ACTION; OR
   (I) A TRANSFER OF AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL  PROPERTY
 THAT  IS  TO  BE DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL
 REMAIN UNOCCUPIED UNTIL DEMOLITION AND LEAD-SAFE WORK PRACTICES  ENUMER-
 ATED  IN  40  C.F.R.  745  AND SUCCESSOR REGULATIONS, OR MORE PROTECTIVE
 STATE LAW ARE FOLLOWED DURING THE DEMOLITION.
   4. NOTHING CONTAINED IN  THIS  ARTICLE  IS  INTENDED  TO  PREVENT  THE
 PARTIES  TO A CONTRACT OF SALE FROM ENTERING INTO AGREEMENTS OF ANY KIND
 OR NATURE WITH RESPECT TO THE PHYSICAL CONDITION OF THE PROPERTY  TO  BE
 SOLD,  INCLUDING,  BUT  NOT  LIMITED TO, AGREEMENTS FOR THE SALE OF REAL
 PROPERTY "AS IS".
   § 523. DUTY OF AGENT. AN AGENT REPRESENTING A  SELLER  OF  RESIDENTIAL
 REAL  PROPERTY AS A LISTING BROKER, OR, IF THE SELLER IS NOT REPRESENTED
 BY AN AGENT, THE AGENT REPRESENTING THE BUYER OF RESIDENTIAL REAL  PROP-
 ERTY AND DEALING WITH A PROSPECTIVE SELLER, SHALL HAVE THE DUTY TO TIME-
 LY  (IN  ANY  EVENT,  BEFORE THE BUYER SIGNS A BINDING CONTRACT OF SALE)
 INFORM EACH SELLER OF THE SELLER'S OBLIGATIONS UNDER  THIS  ARTICLE.  AN
 AGENT  REPRESENTING  A  BUYER  OF  RESIDENTIAL REAL PROPERTY, OR, IF THE
 BUYER IS NOT REPRESENTED BY AN AGENT, THE AGENT REPRESENTING A SELLER OF
 RESIDENTIAL REAL PROPERTY AND DEALING WITH A  PROSPECTIVE  BUYER,  SHALL
 HAVE  THE DUTY TO TIMELY (IN ANY EVENT, BEFORE THE BUYER SIGNS A BINDING
 CONTRACT OF SALE) INFORM SUCH BUYER OF  THE  BUYER'S  RIGHTS  AND  OBLI-
 A. 4820                             6
 
 GATIONS  UNDER  THIS  ARTICLE. IF AN AGENT PERFORMS THE DUTIES AND OBLI-
 GATIONS IMPOSED UPON HIM OR HER PURSUANT  TO  THIS  SECTION,  THE  AGENT
 SHALL  HAVE NO FURTHER DUTIES UNDER THIS ARTICLE AND SHALL NOT BE LIABLE
 TO  ANY  PARTY  FOR A VIOLATION OF THIS ARTICLE. THE DEPARTMENT OF STATE
 MAY, PURSUANT TO SECTION  FOUR  HUNDRED  FORTY-ONE-C  OF  THIS  CHAPTER,
 REVOKE OR SUSPEND THE LICENSE OF AN AGENT WHO VIOLATES THIS ARTICLE.
   § 524. LIABILITY. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED
 AS  LIMITING  ANY  EXISTING  LEGAL  CAUSE OF ACTION OR REMEDY AT LAW, IN
 STATUTE OR IN EQUITY.
   § 3. The real property law is amended by adding a new  section  235-aa
 to read as follows:
   § 235-AA. DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS.
 1.  PRIOR  TO  EXECUTING  A RESIDENTIAL LEASE OR RENTAL AGREEMENT WITH A
 TENANT, THE OWNER OF REAL PROPERTY SHALL PROVIDE THE TENANT  A  COPY  OF
 ALL  REPORTS  OF A TEST FOR LEAD-BASED PAINT ISSUED OR PREPARED PURSUANT
 TO SECTION FIVE HUNDRED  TWENTY-TWO  OF  THIS  CHAPTER,  AND  ANY  OTHER
 REPORT,  WITHIN  THE  POSSESSION  OR CONTROL OF THE OWNER, PERTAINING TO
 LEAD-BASED PAINT OR LEAD-BASED  PAINT  HAZARDS  WITHIN  THE  MEANING  OF
 SECTION  4852D OF TITLE 42 OF THE UNITED STATES CODE AND THE REGULATIONS
 THEREUNDER. OWNERS WHO DELIVER A DISCLOSURE FORM WITH ALL REQUIRED DOCU-
 MENTS UNDER THE PROVISIONS OF SECTION 4852D OF TITLE 42  OF  THE  UNITED
 STATES  CODE  AND  THE  REGULATIONS  THEREUNDER  SHALL BE DEEMED TO HAVE
 COMPLIED WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   2. ANY AGREEMENT BY A  LESSEE  OR  TENANT  OF  PREMISES  FOR  DWELLING
 PURPOSES  WAIVING  OR  MODIFYING  HIS OR HER RIGHTS AS SET FORTH IN THIS
 SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   3. AN OWNER WHO VIOLATES THIS SECTION SHALL  BE  LIABLE  FOR  A  CIVIL
 PENALTY  NOT  TO EXCEED TEN THOUSAND DOLLARS, AND IN ADDITION, A PENALTY
 TO THE TENANT NOT TO EXCEED THE  EQUIVALENT  OF  THE  AMOUNT  OF  RENTAL
 PAYMENTS  FOR  THREE  MONTHS  PLUS ANY ATTORNEY'S FEES.   THE POWERS AND
 REMEDIES SET FORTH IN THIS SECTION SHALL BE IN  ADDITION  TO  ALL  OTHER
 EXISTING  LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN STATUTE OR IN EQUI-
 TY.
   § 4. Subdivision 2 of section 462 of the real property law, as amended
 by chapter 690 of the laws of 2022, is amended to read as follows:
   2. The following shall be the disclosure form:
                  PROPERTY CONDITION DISCLOSURE STATEMENT
 NAME OF SELLER OR SELLERS:
 PROPERTY ADDRESS:
   THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF  RESIDEN-
 TIAL  REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY  THE
 BUYER OF A BINDING CONTRACT OF SALE.
   PURPOSE  OF  STATEMENT:  THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR  BY  ANY  AGENT
 REPRESENTING  THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO  OBTAIN  HIS  OR
 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
   A  KNOWINGLY  FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER  PRIOR  TO  OR  AFTER  THE
 TRANSFER  OF  TITLE.    IN  THE EVENT A SELLER FAILS TO PERFORM THE DUTY
 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE  STATEMENT  PRIOR  TO
 THE  SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
 A. 4820                             7
 
 RECEIVE UPON THE TRANSFER OF TITLE A  CREDIT  OF  FIVE  HUNDRED  DOLLARS
 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
   "RESIDENTIAL  REAL  PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED  OR  OCCU-
 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
 BUT  SHALL  NOT  REFER  TO  (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR  COOPERATIVE
 APARTMENTS  OR  (C)  PROPERTY  ON  A HOMEOWNERS' ASSOCIATION THAT IS NOT
 OWNED IN FEE SIMPLE BY THE SELLER.
 
 INSTRUCTIONS TO THE SELLER:
   (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
   (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
 REQUIRED.
   (c) COMPLETE THIS FORM YOURSELF.
   (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK  "NA"  (NON-AP-
 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
 
   SELLER'S  STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF  SIGN-
 ING  THIS  DOCUMENT.  THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE  RESIDEN-
 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
 GENERAL INFORMATION
   1. HOW LONG HAVE YOU OWNED THE PROPERTY?
   2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
   3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
      THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO  INVESTI-
      GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW
      YORK  REAL  PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS
      OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT  SUCH
      TEST IF NOT PREVIOUSLY PERFORMED.
   4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY
      OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN
      THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
      RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
   5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO
      UNKN NA (IF YES, EXPLAIN BELOW)
   6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
      CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF
      YES, EXPLAIN BELOW)
   7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH
      ADJOINING  LAND  OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
      FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
   8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES  FOR  LINE  EXTEN-
      SIONS,  SPECIAL  ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
      THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?    YES
      NO UNKN NA (IF NO, EXPLAIN BELOW)
 
 ENVIRONMENTAL
   NOTE  TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT  YOU  KNOW
 TO  HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
 OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY.  PETROLEUM  PRODUCTS  MAY
 A. 4820                             8
 
 INCLUDE,  BUT  ARE  NOT  LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
 FUEL, AND LUBRICANTS. HAZARDOUS OR  TOXIC  SUBSTANCES  ARE  PRODUCTS  OR
 OTHER  MATERIAL  THAT  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
 HEALTH  OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
 OR STORED.  THESE INCLUDE, BUT ARE NOT LIMITED TO,  FERTILIZERS,  PESTI-
 CIDES  AND  INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
 AND WOOD PRESERVATIVES, TREATED WOOD,  CONSTRUCTION  MATERIALS  SUCH  AS
 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
 BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
 CLEANERS, POOL CHEMICALS,  PRODUCTS  CONTAINING  MERCURY  AND  LEAD  AND
 INDOOR MOLD.
 
   NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.  IF
 LEAD  IN  DRINKING  WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE
 PLUMBING EXAMINED, INCLUDING THE SERVICE LINE.
 
   10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED  FLOODPLAIN?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   11. IS  ANY  OR  ALL  OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL  DISTRICT?    YES    NO
       UNKN  NA (IF YES, EXPLAIN BELOW)
   13. WAS  THE  PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO  UNKN  NA
       (IF YES, EXPLAIN BELOW)
   14. ARE THERE OR HAVE THERE EVER BEEN  FUEL  STORAGE  TANKS  ABOVE  OR
       BELOW  THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES, ARE
       THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
       OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES,  STATE
       LOCATION OR LOCATIONS BELOW)
   16. IS  LEAD  PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
       OR LOCATIONS BELOW)
   17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A  COPY
       OF THE REPORT)
   18. HAS  MOTOR  FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
       ANY OTHER PETROLEUM PRODUCT, METHANE  GAS,  OR  ANY  HAZARDOUS  OR
       TOXIC  SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
       PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY?    YES  NO
       UNKN NA (IF YES, DESCRIBE BELOW)
   19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
       OIL,  HOME  HEATING  FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
       PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES  NO
       UNKN NA (IF YES, ATTACH REPORT(S))
   19-a.    HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF
       YES, ATTACH A COPY OF THE REPORT)
 
 STRUCTURAL
   20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   21. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   22. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
       DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
 A. 4820                             9
 
   23. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
       INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
       REPORT(S))
   24. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
       ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
       FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO  UNKN  NA  (IF
       YES, EXPLAIN BELOW)
   25. ARE  THERE  ANY  KNOWN  MATERIAL  DEFECTS  IN ANY OF THE FOLLOWING
       STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS  OR
       PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
 
 MECHANICAL SYSTEMS & SERVICES
   26. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
       MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
   27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
       (IF YES, DESCRIBE BELOW)
   28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
       SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
       AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
       ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
       EXPLAIN BELOW)
   29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
       AGE?  ________  DOES  IT  HAVE CIRCUIT BREAKERS OR FUSES? ________
       PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS?  YES
       NO UNKN NA (IF YES, EXPLAIN BELOW)
   30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
       IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
       (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
   31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
       NO UNKN NA (IF YES, EXPLAIN BELOW)
       ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE  FOLLOWING  (IF
       YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
   32. PLUMBING SYSTEM?            YES NO UNKN NA
   33. SECURITY SYSTEM?            YES NO UNKN NA
   34. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
   35. SMOKE DETECTOR?             YES NO UNKN NA
   36. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
   37. SUMP PUMP?                  YES NO UNKN NA
   38. FOUNDATION/SLAB?            YES NO UNKN NA
   39. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
   40. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
   41. FLOORS?                     YES NO UNKN NA
   42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
   43. PATIO/DECK?                 YES NO UNKN NA
   44. DRIVEWAY?                   YES NO UNKN NA
   45. AIR CONDITIONER?            YES NO UNKN NA
   46. HEATING SYSTEM?             YES NO UNKN NA
   47. HOT WATER HEATER?           YES NO UNKN NA
   48. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
      NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
      PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
   THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
 TIONAL PAGES ATTACHED.
   ______________________________________________________________
   ______________________________________________________________
 A. 4820                            10
 
   ______________________________________________________________
   ______________________________________________________________
   SELLER'S  CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
 PROPERTY CONDITION DISCLOSURE STATEMENT IS  TRUE  AND  COMPLETE  TO  THE
 SELLER'S  ACTUAL  KNOWLEDGE  AS  OF  THE DATE SIGNED BY THE SELLER. IF A
 SELLER OF RESIDENTIAL REAL PROPERTY  ACQUIRES  KNOWLEDGE  WHICH  RENDERS
 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
 PREVIOUSLY,  THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY CONDITION
 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN  NO  EVENT,
 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
   SELLER__________ DATE___________
   SELLER__________ DATE___________
   BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
 CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR  OTHER  INSPECTIONS
 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
   BUYER__________ DATE__________
   BUYER__________ DATE _________
 
   §  5.  This  act  shall take effect August 1, 2024; provided, however,
 that if chapter 690 of the laws of 2022 shall not have taken  effect  on
 or  before  such date then section four of this act shall take effect on
 the same date and in the same manner as such  chapter  of  the  laws  of
 2022,  takes  effect.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.