Assembly Bill A3128

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3128
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  requiring annual lead inspections in schools which house
   children ages six and under

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Chapter  9  of title 17 of the administrative code of the
 city of New York is amended by adding a new  subchapter  3  to  read  as
 follows:
                               SUBCHAPTER 3
               INSPECTION AND REMEDIATION OF LEAD IN SCHOOLS
 SECTION 17-930 DEFINITIONS.
         17-931 INSPECTION AND REMEDIATION OF LEAD-BASED PAINT.
         17-932 NOTICE REQUIRED.
   §  17-930  DEFINITIONS.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "REMEDIATE"  OR  "REMEDIATION"  SHALL  MEAN  ANY  SET  OF  MEASURES
 DESIGNED  TO  PERMANENTLY  ELIMINATE  THE PRESENCE OF LEAD OR LEAD-BASED
 PAINT.
   2. "PRESENCE OF LEAD" SHALL MEAN ANY LEVEL  OF  LEAD  FOUND  IN  PIPES
 ABOVE  ZERO PARTS PER BILLION AND ANY LEVEL OF LEAD FOUND IN PAINT ABOVE
 ZERO MILLIGRAMS PER SQUARE CENTIMETER.
   3. "LEAD-BASED PAINT" SHALL MEAN ANY PAINT OR  OTHER  SIMILAR  SURFACE
 COATING MATERIAL CONTAINING THE PRESENCE OF LEAD.
   §  17-931  INSPECTION  AND  REMEDIATION  OF  LEAD-BASED  PAINT. 1. ALL
 SCHOOLS WHICH PROVIDE SCHOOLING TO CHILDREN AGES  SIX  AND  UNDER  SHALL
 PROVIDE  FOR  ANNUAL LEAD TESTING OF ALL PIPES AND PAINT LOCATED IN SUCH
 SCHOOL BUILDINGS TO MONITOR FOR THE PRESENCE OF LEAD.
   2. (A) IF SUCH INSPECTIONS SHALL DETECT A PRESENCE OF LEAD, THE SCHOOL
 WHERE THE PRESENCE OF LEAD HAS BEEN DETECTED SHALL REMEDIATE SUCH  PRES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05638-01-5
              

 A. 3128                             2
 
 ENCE  IMMEDIATELY  AND  SHALL NOTIFY THE CHANCELLOR OF THE DEPARTMENT OF
 EDUCATION OF SUCH INSPECTION AND REMEDIATION.
   (B)  WHERE  THE  PRESENCE  OF  LEAD HAS BEEN DETECTED IN A SCHOOL, ALL
 CHILDREN WHO REGULARLY ATTEND  SUCH  SCHOOL  SHALL  BE  PROHIBITED  FROM
 ATTENDING UNTIL SUCH PRESENCE OF LEAD HAS BEEN FULLY REMEDIATED.
   (C) ANY SCHOOL WHERE A PRESENCE OF LEAD HAS BEEN DETECTED AND CHILDREN
 ARE  PROHIBITED  FROM  ATTENDING  SHALL BE REQUIRED TO CONDUCT FOLLOW-UP
 TESTING TO SHOW THAT THE PRESENCE OF LEAD NO LONGER EXISTS AFTER REMEDI-
 ATION HAS BEEN COMPLETED. ONLY AFTER SUCH TESTS HAVE BEEN CONDUCTED  AND
 THE RESULTS OF SUCH TESTS SHOW CONCLUSIVELY THAT LEAD IS NO LONGER PRES-
 ENT SHALL STUDENTS BE PERMITTED TO ATTEND SUCH SCHOOL AGAIN ON A REGULAR
 BASIS.
   §  17-932  NOTICE  REQUIRED.  1.  WITHIN  FORTY-EIGHT  HOURS  AFTER AN
 INSPECTION HAS DETECTED THE PRESENCE OF LEAD IN A  SCHOOL,  SUCH  SCHOOL
 SHALL  NOTIFY  ALL  PARENTS OR GUARDIANS OF THE CHILDREN WHO ATTEND SUCH
 SCHOOL OF THE PRESENCE OF LEAD, THE STEPS BEING TAKEN TO  REMEDIATE  THE
 PRESENCE  OF LEAD, THE TIMELINE IN WHICH THE SCHOOL EXPECTS THE PRESENCE
 OF LEAD TO BE RESOLVED IN AND  ANY  ADDITIONAL  INFORMATION  THE  SCHOOL
 DEEMS USEFUL AND NECESSARY.
   2.  NOTICE  REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
 ALSO BE PROVIDED TO ANY PARENTS OR GUARDIANS WHO HAVE CHILDREN WHO  HAVE
 APPLIED  TO  ATTEND  SUCH  SCHOOL  BUT HAVE NOT BEGUN ATTENDING YET, ALL
 PRINCIPALS AND ANY ELECTED OFFICIALS WHICH REPRESENT THE SCHOOL  IN  ANY
 CAPACITY.
   § 2. This act shall take effect immediately.