Bill Text: NY A00945 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires schools to conduct annual lead testing on pipes and paint in all schools in New York city that provide schooling for children ages six and under and to remediate any presence of lead immediately if detected.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to education [A00945 Detail]

Download: New_York-2023-A00945-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           945

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A. L. 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:

     1    Section  1.  Chapter  9  of title 17 of the administrative code of the
     2  city of New York is amended by adding a new  subchapter  3  to  read  as
     3  follows:
     4                                SUBCHAPTER 3
     5                INSPECTION AND REMEDIATION OF LEAD IN SCHOOLS
     6  Section 17-930 Definitions.
     7          17-931 Inspection and remediation of lead-based paint.
     8          17-932 Notice required.
     9    §  17-930  Definitions.  For  purposes  of this section, the following
    10  terms shall have the following meanings:
    11    1. "Remediate"  or  "remediation"  shall  mean  any  set  of  measures
    12  designed  to  permanently  eliminate  the presence of lead or lead-based
    13  paint.
    14    2. "Presence of lead" shall mean any level  of  lead  found  in  pipes
    15  above  zero parts per billion and any level of lead found in paint above
    16  zero milligrams per square centimeter.
    17    3. "Lead-based paint" shall mean any paint or  other  similar  surface
    18  coating material containing the presence of lead.
    19    §  17-931  Inspection  and  remediation  of  lead-based  paint. 1. All
    20  schools which provide schooling to children ages  six  and  under  shall
    21  provide  for  annual lead testing of all pipes and paint located in such
    22  school buildings to monitor for the presence of lead.
    23    2. (a) If such inspections shall detect a presence of lead, the school
    24  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.
                                                                   LBD01308-01-3
        A. 945                              2

     1  ence  immediately  and  shall notify the chancellor of the department of
     2  education of such inspection and remediation.
     3    (b)  Where  the  presence  of  lead has been detected in a school, all
     4  children who regularly attend  such  school  shall  be  prohibited  from
     5  attending until such presence of lead has been fully remediated.
     6    (c) Any school where a presence of lead has been detected and children
     7  are  prohibited  from  attending  shall be required to conduct follow-up
     8  testing to show that the presence of lead no longer exists after remedi-
     9  ation has been completed. Only after such tests have been conducted  and
    10  the results of such tests show conclusively that lead is no longer pres-
    11  ent shall students be permitted to attend such school again on a regular
    12  basis.
    13    §  17-932  Notice  required.  1.  Within  forty-eight  hours  after an
    14  inspection has detected the presence of lead in a  school,  such  school
    15  shall  notify  all  parents or guardians of the children who attend such
    16  school of the presence of lead, the steps being taken to  remediate  the
    17  presence  of lead, the timeline in which the school expects the presence
    18  of lead to be resolved in and  any  additional  information  the  school
    19  deems useful and necessary.
    20    2.  Notice  required pursuant to subdivision one of this section shall
    21  also be provided to any parents or guardians who have children who  have
    22  applied  to  attend  such  school  but have not begun attending yet, all
    23  principals and any elected officials which represent the school  in  any
    24  capacity.
    25    § 2. This act shall take effect immediately.