Bill Text: NY A00434 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the "New York state lead-safe renovation, repair and painting act"; establishes standards for lead-safe renovation, repair and painting of residential properties; requires documentation of compliance with such standards.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced) 2024-06-05 - reported referred to ways and means [A00434 Detail]
Download: New_York-2023-A00434-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 434--A 2023-2024 Regular Sessions IN ASSEMBLY January 9, 2023 ___________ Introduced by M. of A. BRONSON, REYES, SEAWRIGHT, KELLES, LUNSFORD, RIVERA, DE LOS SANTOS, SIMON, STECK, MEEKS, JACOBSON, FAHY, COLTON, L. ROSENTHAL, STIRPE, TAYLOR, HEVESI, ARDILA, LUCAS -- read once and referred to the Committee on Labor -- reported and referred to the Committee on Codes -- recommitted to the Committee on Codes in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the labor law and the executive law, in relation to establishing the "New York state lead-safe renovation, repair and painting act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new article 31-A to 2 read as follows: 3 ARTICLE 31-A 4 NEW YORK STATE LEAD-SAFE 5 RENOVATION, REPAIR AND PAINTING ACT 6 Section 925. Short title. 7 926. Legislative findings. 8 927. Definitions. 9 928. Residential property renovation. 10 § 925. Short title. This article shall be known and may be cited as 11 the "New York state lead-safe renovation, repair and painting act". 12 § 926. Legislative findings. The legislature hereby finds and declares 13 that lead poisoning of children persists as one of the most prevalent 14 and preventable environmental diseases in New York. Nearly one hundred 15 thousand children were newly identified with levels of lead in their 16 blood at five micrograms per deciliter in New York state between two 17 thousand eleven and two thousand fifteen. Medical research indicates 18 that children can suffer permanent brain damage at blood levels even EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01686-02-4A. 434--A 2 1 lower than five micrograms per deciliter, and that there is no level of 2 lead ingestion which is without adverse impact. 3 The predominant cause of lead poisoning in children is the ingestion 4 of lead dust from lead-based paint from older residences. Although New 5 York state banned the sale of lead-based paint in nineteen hundred 6 seventy, seventy-four percent of New York's housing stock was 7 constructed prior to nineteen hundred seventy and ten percent of New 8 York's housing was constructed between nineteen hundred seventy and 9 nineteen hundred seventy-nine while lead-based paint was still available 10 through nineteen hundred seventy-eight. New York state has both the 11 nation's greatest number (over four million units), the highest percent- 12 age (55.08%) of pre-nineteen hundred sixty and pre-nineteen hundred 13 fifty (41.0%) housing, and the oldest housing inventory among the fifty 14 states. According to the federal Environmental Protection Agency, some 15 lead painted surfaces can be found in eighty-seven percent of homes 16 constructed before nineteen hundred forty, sixty-nine percent of homes 17 constructed between nineteen hundred forty and nineteen hundred fifty- 18 nine, and twenty-four percent of homes constructed between nineteen 19 hundred sixty and nineteen hundred seventy-eight. New York state's older 20 housing stock places residents at great risk of exposure to lead 21 hazards, with low-income children living in older housing having the 22 highest risk of lead poisoning. 23 A key source of lead dust is renovation, repair, and painting work in 24 homes that contain lead-based paint. These activities exacerbate lead 25 dust levels and leave harmful dust for many years. 26 Renovation workers often unwittingly expose themselves to lead hazards 27 by using unsafe work practices that result in exposure for workers and 28 their family members. 29 The federal Environmental Protection Agency (EPA) has developed guide- 30 lines to conduct renovations in a lead-safe manner, known as the Reno- 31 vation, Repair, and Painting (RRP) rule and compliance with the RRP rule 32 is required for all contractors and landlords working in housing and 33 childcare facilities built before nineteen hundred seventy-eight. 34 However, the EPA's enforcement of this program, which includes over six 35 million homes in New York state, is minimal with only seven EPA enforce- 36 ment actions in New York in two thousand nineteen. 37 Multiple studies conducted prior to implementation of the RRP rule 38 present the harmful effects of lead dust produced from specifically 39 renovation, repair, and painting activities in homes with lead-based 40 paint. One study of children in New York in two thousand six-two thou- 41 sand seven found that fourteen percent of the children with extremely 42 high EBLLs (twenty micrograms per deciliter and above) were related to 43 renovation, repair and painting activities; all the homes linked to 44 RRP-related lead exposure were built before nineteen hundred seventy- 45 eight except one, and children with lower EBLLs (less than twenty micro- 46 grams per deciliter) were estimated to have been primarily exposed to 47 lead through RRP activities in nearly forty percent of cases. This indi- 48 cates that renovation, repair and painting activities are one of the 49 primary sources of lead exposure in young children. If these rates of 50 exposure from RRP are extrapolated to hold for the entire New York state 51 population of lead-exposed children, approximately nine thousand three 52 hundred twenty-seven children become subject to lead poisoning as a 53 result of renovation, repair, and painting activities each year. Of 54 those, two thousand four hundred eighteen children would experience 55 severely high EBLLs of twenty micrograms per deciliter or greater andA. 434--A 3 1 above. The safe work practices in the RRP rule can also protect the 2 health of renovation workers. 3 The EPA regulations provide that states can obtain delegation from the 4 federal government to manage their own lead-safe renovation programs, 5 and at least fourteen states have done so and tailored their RRP 6 programs to meet the implementation and enforcement needs of their 7 state. With the oldest housing stock in the nation, New York has an 8 especially serious lead poisoning problem and urgently needs to seek 9 authorization for this program. Doing so will give state agencies the 10 authority to enforce existing regulations and the opportunity to 11 strengthen them in an appropriate manner. 12 § 927. Definitions. As used in this article, the following terms shall 13 have the following meanings: 14 1. "Lead-based paint" means paint or other similar surface coating 15 material containing 1.0 milligrams of lead per square centimeter or 16 greater, as determined by laboratory analysis of paint samples with all 17 layers of paint present, or by an x-ray fluorescence analyzer. If an 18 x-ray fluorescence analyzer is used, readings shall be corrected for 19 substrate bias when necessary as specified by the performance character- 20 istic sheets released by the United States environmental protection 21 agency and the United States department of housing and urban development 22 for the specific x-ray fluorescence analyzer used. X-ray fluorescence 23 readings shall be classified as positive, negative or inconclusive in 24 accordance with the most recent United States department of housing and 25 urban development guidelines for the evaluation and control of lead- 26 based paint hazards in housing and the performance characteristic sheets 27 released by the United States environmental protection agency and the 28 United States department of housing and urban development for the 29 specific x-ray fluorescence analyzer used. X-ray fluorescence readings 30 that fall within the inconclusive zone, as determined by the performance 31 characteristic sheets, shall be confirmed by laboratory analysis of 32 paint chips, results shall be reported in milligrams of lead per square 33 centimeter and the measure of such laboratory analysis shall be defini- 34 tive. If laboratory analysis is used to determine lead content, results 35 shall be reported in milligrams of lead per square centimeter. Where the 36 surface area of a paint chip sample cannot be accurately measured or if 37 an accurately measured paint chip sample cannot be removed, a laboratory 38 analysis may be reported in percent by weight. In such case, lead-based 39 paint shall mean any paint or other similar surface coating material 40 containing more than 0.009% of metallic lead, based on the non-volatile 41 content of the paint or other similar surface coating material. In the 42 event that the United States environmental protection agency or a 43 successor agency, or the United States department of housing and urban 44 development or a successor agency, or a department or agency of the 45 state of New York that has obtained applicable authorization pursuant to 46 40 CFR part 745 subpart Q or successor regulation, adopts more stringent 47 definitions of lead-based paint, such definitions shall apply for the 48 purposes of this article. 49 2. "Lead dust clearance" means mass-per-area concentrations of lead 50 less than five micrograms of lead per square foot on floors and less 51 than forty micrograms per square foot on interior window sills, 52 provided, however, that: 53 (a) The commissioner may by regulation set more stringent levels for 54 lead dust clearance in the event the commissioner determines such more 55 stringent levels are needed to identify potential lead hazards and 56 protect public health; andA. 434--A 4 1 (b) The commissioner shall by regulation adopt such more stringent 2 levels for lead dust clearance as may be set by the United States envi- 3 ronmental protection agency or the United States department of housing 4 and urban development. 5 § 928. Residential property renovation. 1. The commissioner shall 6 adopt rules and/or regulations, sufficient to satisfy the requirements 7 of 40 C.F.R. 745.326 or its successor regulation, governing: 8 (a) pre-renovation education programs, procedures and requirements for 9 the distribution of lead hazard information to owners and occupants of 10 target housing and child-occupied facilities before renovations for 11 compensation; and 12 (b) renovation training, certification, accreditation, and work prac- 13 tice standards programs, including: 14 (i) procedures and requirements for the accreditation of renovation 15 and dust sampling technician training programs; 16 (ii) procedures and requirements for accredited initial and refresher 17 training for renovators and dust sampling technicians and on-the-job 18 training for other individuals who perform renovations; 19 (iii) procedures and requirements for the certification of individuals 20 and/or firms; 21 (iv) requirements that all renovations be conducted by appropriately 22 certified individuals and/or firms; 23 (v) work practice standards for the conduct of renovations; and 24 (vi) clear enforcement mechanisms and procedures for unannounced 25 compliance inspections of properties and for responding to complaints. 26 2. The regulations adopted under subdivision one of this section shall 27 include provisions: 28 (a) Requiring the use of lead dust clearance testing, rather than 29 cleaning verification, pursuant to 40 CFR 745.85(c) or successor regu- 30 lation, and requiring that the collection of dust clearance testing 31 samples be performed by an inspector, risk assessor, or dust sampling 32 technician independent of the owner or contractor and accredited pursu- 33 ant to (i) the United States environmental protection agency pursuant to 34 40 CFR 745.226 or 40 CFR 745.90(c) or successor regulation; or (ii) 35 certification by a state or tribal program authorized by the United 36 States environmental protection agency to certify individuals engaged in 37 lead-based paint activities pursuant to 40 CFR 745.325 or successor 38 regulation; 39 (b) Barring the disturbance or removal of lead-based paint or paint of 40 unknown content using any of the following methods: 41 (i) dry scraping or dry sanding, meaning the removal of paint or simi- 42 lar surface coating material by scraping or sanding without the use of 43 water misting to reduce dust levels or other similar methods to control 44 dust; 45 (ii) open flame burning or torching, or the use of heat guns operating 46 above eleven hundred degrees Fahrenheit, or charring paint; 47 (iii) machine sanding or grinding, or abrasive blasting or sandblast- 48 ing, without the use of local exhaust control employing a vacuum cleaner 49 device equipped with a high-efficiency particulate air filter capable of 50 filtering out monodispersed particles of 0.3 microns or greater in diam- 51 eter from a body of air at 99.97 percent efficiency or greater; 52 (iv) paint stripping in a poorly ventilated space using a volatile 53 stripper that is a hazardous substance in accordance with regulations of 54 the United States consumer product safety commission under 16 CFR 55 1500.3, and a hazardous chemical in accordance with the United States 56 occupational safety and health administration regulations under 29 CFRA. 434--A 5 1 1910.1200 or 1926.59 or successor regulation, as applicable to the work, 2 methylene chloride and n-methyl-2-pyrrolidone (NMP), and such other 3 chemicals that the department may by rule or regulation determine to be 4 hazardous; 5 (d) Requiring the on-site presence of a person accredited pursuant to 6 subdivision one of this section at all times during residential property 7 renovation work; 8 (e) Applying such regulations to all demolition activities; 9 (f) Directing that municipalities and counties may, upon the approval 10 of the commissioner, assume enforcement in part or whole of such regu- 11 lations pertaining to residential property renovation; 12 (g) Requiring training programs authorized by the commissioner to 13 offer such trainings in a manner that is culturally competent including, 14 where needed, multiple languages, and accommodations for individuals 15 with low-literacy; 16 (h) Directing that pre-work or start-work notifications be filed with 17 such local agencies as the commissioner may designate; 18 (i) For posting notices in common areas of multi-family housing with a 19 designated phone number for contacting such local agencies as the 20 commissioner may designate for the enforcement of the regulations 21 pertaining to residential property renovation. 22 3. (a) The accreditation of individuals and/or firms pursuant to the 23 regulations adopted under subdivision one of this section shall extend 24 for a period of three years unless the commissioner has probable cause 25 to believe an individual or firm accredited under this section has 26 violated the terms of such accreditation or has engaged in illegal or 27 unethical conduct related to inspections required by this section, in 28 which case such accreditation to perform inspections shall be suspended 29 pending a hearing in accordance with the provisions of the state admin- 30 istrative procedure act. The commissioner shall establish by regulation 31 a schedule of fees for the accreditation and registration of such indi- 32 viduals and/or firms. Such fees shall be required to be paid at the time 33 of initial registration and at the time of subsequent renewal of regis- 34 tration, and shall be sufficient to cover all costs, including the costs 35 of state personnel, attributable to accreditation activities conducted 36 under this section. 37 (b) Fees collected pursuant to this subdivision shall be held in a 38 continuing, non-lapsing special fund to be used for accreditation 39 purposes under this section. 40 (c) Such fund established under paragraph (b) of this subdivision 41 shall be invested and reinvested and any investment earnings shall be 42 paid into the fund. 43 4. Any violation of the provisions of this section shall be punishable 44 as a misdemeanor, and a civil penalty of up to two thousand dollars for 45 the initial violation and up to four thousand dollars for a second or 46 subsequent violation. 47 § 2. Paragraphs h and i of subdivision 1 of section 381 of the execu- 48 tive law, as added by chapter 560 of the laws of 2010, are amended and a 49 new paragraph j is added to read as follows: 50 h. minimum basic training and in-service training requirements for 51 personnel charged with administration and enforcement of the state ener- 52 gy conservation construction code; [and] 53 i. standards and procedures for measuring the rate of compliance with 54 the state energy conservation construction code, and provisions requir- 55 ing that such rate of compliance be measured on an annual basis[.]; andA. 434--A 6 1 j. procedures requiring the documentation of compliance with regu- 2 lations adopted pursuant to section nine hundred twenty-eight of the 3 labor law as a condition to issuance of a construction permit. 4 § 3. Paragraphs i and j of subdivision 1 of section 381 of the execu- 5 tive law, paragraph i as amended and paragraph j as added by section 3 6 of part T of chapter 57 of the laws of 2023, are amended and a new para- 7 graph k is added to read as follows: 8 i. standards and procedures for measuring the rate of compliance with 9 the state energy conservation construction code, and provisions requir- 10 ing that such rate of compliance be measured on an annual basis; [and] 11 j. procedures requiring the documentation of compliance with regu- 12 lations adopted pursuant to section thirteen hundred seventy-seven of 13 the public health law as a condition to issuance of a certificate of 14 occupancy or certificate of compliance following a periodic fire safety 15 and property maintenance inspection for multiple dwellings[.]; and 16 k. procedures requiring the documentation of compliance with regu- 17 lations adopted pursuant to section nine hundred twenty-eight of the 18 labor law as a condition to issuance of a construction permit. 19 § 4. This act shall take effect on the sixtieth day after it shall 20 have become a law; provided, however, that the amendments to section 381 21 of the executive law made by section 2 of this act shall expire and be 22 deemed repealed on the same date as section 3 of part T of chapter 57 of 23 the laws of 2023 takes effect; provided, further, that section three of 24 this act shall take effect on the same date and in the same manner as 25 section 3 of part T of chapter 57 of the laws of 2023 takes effect. 26 Effective immediately, the addition, amendment and/or repeal of any rule 27 or regulation necessary for the implementation of this act on its effec- 28 tive date are authorized to be made and completed on or before such 29 effective date.
