|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 20, 2023||referred to judiciary|
senate Bill S2353
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2353 (ACTIVE) - Details
S2353 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2353 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the real property law, in relation to requiring the disclosure of lead-based paint test reports in real estate transactions PURPOSE OF BILL: This bill requires property owners to conduct lead paint tests and provide the reports of such test before selling or leasing the property. By requiring that these test reports also be submitted to the Department of Health, New York takes a first step towards tracking and mitigating its worst-in-the-nation lead poisoning crisis. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill sets forth legislative findings. Section 2 of the bill creates a new Article 16 to the real property law enacting the "Lead-based Paint Disclosure Act".
S2353 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2353 2023-2024 Regular Sessions I N S E N A T E January 20, 2023 ___________ Introduced by Sens. KAVANAGH, BAILEY, BRESLIN, BROUK, CLEARE, COONEY, HOYLMAN-SIGAL, JACKSON, MANNION, MAY, MYRIE, PARKER, RIVERA, RYAN, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered print- ed, and when printed to be committed 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 paint hazards, their control, mitigation, abatement, and risk avoidance EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02406-01-3
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