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Senate Bill S9112

2023-2024 Legislative Session

Requires any municipality which conducts lead testing to provide certain notices to the owner and any tenants of a residence upon a positive test

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2023-S9112 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add §139-e, Gen Muni L
Versions Introduced in 2025-2026 Legislative Session:
S4069

2023-S9112 (ACTIVE) - Summary

Requires any municipality which conducts lead testing to provide notices to the owner and any tenants of a residence upon a positive test and inform the owner and any tenants of any legal duties or potential health impacts that arise as a result of a positive test.

2023-S9112 (ACTIVE) - Sponsor Memo

2023-S9112 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9112
 
                             I N  S E N A T E
 
                              April 26, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to requiring  any
   municipality which conducts lead testing to provide certain notices to
   the owner and any tenants of a residence upon a positive test

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 139-e to read as follows:
   §  139-E.  NOTICE  TO  OWNERS  AND TENANTS OF RESIDENCES WHERE LEAD IS
 PRESENT. 1. ANY MUNICIPALITY  OR  POLITICAL  SUBDIVISION  THEREOF  WHICH
 CONDUCTS  TESTS  FOR  THE  PRESENCE  OF LEAD SHALL PROVIDE NOTICE TO THE
 OWNER AND ANY TENANTS OF A RESIDENCE IF SUCH  RESIDENCE  TESTS  POSITIVE
 FOR LEAD.  SUCH NOTICE SHALL INCLUDE:
   (A) A DESCRIPTION OF THE LEGAL DUTIES OF THE PROPERTY OWNER AND INFOR-
 MATION REGARDING THE ENTITY RESPONSIBLE FOR ENFORCING SUCH DUTIES;
   (B) INFORMATION ON RESOURCES REGARDING THE IMPACTS OF LEAD ON CHILDREN
 AND ADULTS, INCLUDING BUT NOT LIMITED TO:
   (I)  INFORMATION  ON  THE  IMPACTS  AND RESPONSES OF LEAD POISONING IN
 CHILDREN, AS PUBLISHED BY THE DEPARTMENT OF HEALTH;
   (II) A LIST OF LOCAL HEALTH RESOURCES FOR  CHILDREN  WHO  HAVE  TESTED
 POSITIVE FOR LEAD POISONING; AND
   (III)  A  LIST  OF  LOCAL  RESOURCES  FOR  LEGAL  ASSISTANCE REGARDING
 TENANTS' RIGHTS;
   (C) INFORMATION REGARDING TENANTS' RIGHTS AND POSSIBLE NEXT STEPS; AND
   (D) IF A NON-ENGLISH LANGUAGE IS COMMONLY SPOKEN IN THE  MUNICIPALITY,
 A TRANSLATION OF SUCH NOTICE IN SUCH LANGUAGE SHALL BE PROVIDED.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TESTING CONDUCTED
 PURSUANT  TO SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF THE PUBLIC HEALTH
 LAW.
   § 2. This act shall take effect immediately; provided,  however,  that
 if  section 2 of part T of chapter 57 of the laws of 2023 shall not have
 taken effect on or before such date then subdivision 2 of section  139-e
 of  the  general municipal law as added by section one of this act shall
 take effect on the same date and in the same manner as such  chapter  of
 the laws of 2023, takes effect.

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