Bill Text: NY S02191 | 2023-2024 | General Assembly | Introduced


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 16-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S02191 Detail]

Download: New_York-2023-S02191-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2191

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced by Sens. BAILEY, BRESLIN, BROUK, CLEARE, HOYLMAN-SIGAL, JACK-
          SON,  MANNION, MAY, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SKOUFIS
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Labor

        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
    19  lower  than five micrograms per deciliter, and that there is no level of
    20  lead ingestion which is without adverse impact.
    21    The predominant cause of lead poisoning in children is  the  ingestion
    22  of  lead  dust from lead-based paint from older residences. Although New
    23  York state banned the sale  of  lead-based  paint  in  nineteen  hundred
    24  seventy,   seventy-four   percent   of  New  York's  housing  stock  was
    25  constructed prior to nineteen hundred seventy and  ten  percent  of  New

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01686-01-3

        S. 2191                             2

     1  York's  housing  was  constructed  between  nineteen hundred seventy and
     2  nineteen hundred seventy-nine while lead-based paint was still available
     3  through nineteen hundred seventy-eight. New  York  state  has  both  the
     4  nation's greatest number (over four million units), the highest percent-
     5  age  (55.08%)  of  pre-nineteen  hundred  sixty and pre-nineteen hundred
     6  fifty (41.0%) housing, and the oldest housing inventory among the  fifty
     7  states.   According to the federal Environmental Protection Agency, some
     8  lead painted surfaces can be found  in  eighty-seven  percent  of  homes
     9  constructed  before  nineteen hundred forty, sixty-nine percent of homes
    10  constructed between nineteen hundred forty and nineteen  hundred  fifty-
    11  nine,  and  twenty-four  percent  of  homes constructed between nineteen
    12  hundred sixty and nineteen hundred seventy-eight. New York state's older
    13  housing stock places  residents  at  great  risk  of  exposure  to  lead
    14  hazards,  with  low-income  children  living in older housing having the
    15  highest risk of lead poisoning.
    16    A key source of lead dust is renovation, repair, and painting work  in
    17  homes  that  contain  lead-based paint. These activities exacerbate lead
    18  dust levels and leave harmful dust for many years.
    19    Renovation workers often unwittingly expose themselves to lead hazards
    20  by using unsafe work practices that result in exposure for  workers  and
    21  their family members.
    22    The federal Environmental Protection Agency (EPA) has developed guide-
    23  lines  to  conduct renovations in a lead-safe manner, known as the Reno-
    24  vation, Repair, and Painting (RRP) rule and compliance with the RRP rule
    25  is required for all contractors and landlords  working  in  housing  and
    26  childcare   facilities  built  before  nineteen  hundred  seventy-eight.
    27  However, the EPA's enforcement of this program, which includes over  six
    28  million homes in New York state, is minimal with only seven EPA enforce-
    29  ment actions in New York in two thousand nineteen.
    30    Multiple  studies  conducted  prior  to implementation of the RRP rule
    31  present the harmful effects of  lead  dust  produced  from  specifically
    32  renovation,  repair,  and  painting  activities in homes with lead-based
    33  paint. One study of children in New York in two thousand  six-two  thou-
    34  sand  seven  found  that fourteen percent of the children with extremely
    35  high EBLLs (twenty micrograms per deciliter and above) were  related  to
    36  renovation,  repair  and  painting  activities;  all the homes linked to
    37  RRP-related lead exposure were built before  nineteen  hundred  seventy-
    38  eight except one, and children with lower EBLLs (less than twenty micro-
    39  grams  per  deciliter)  were estimated to have been primarily exposed to
    40  lead through RRP activities in nearly forty percent of cases. This indi-
    41  cates that renovation, repair and painting activities  are  one  of  the
    42  primary  sources  of  lead exposure in young children. If these rates of
    43  exposure from RRP are extrapolated to hold for the entire New York state
    44  population of lead-exposed children, approximately nine  thousand  three
    45  hundred  twenty-seven  children  become  subject  to lead poisoning as a
    46  result of renovation, repair, and  painting  activities  each  year.  Of
    47  those,  two  thousand  four  hundred  eighteen children would experience
    48  severely high EBLLs of twenty micrograms per deciliter  or  greater  and
    49  above.  The  safe  work  practices  in the RRP rule can also protect the
    50  health of renovation workers.
    51    The EPA regulations provide that states can obtain delegation from the
    52  federal government to manage their own  lead-safe  renovation  programs,
    53  and  at  least  fourteen  states  have  done  so  and tailored their RRP
    54  programs to meet the  implementation  and  enforcement  needs  of  their
    55  state.  With  the  oldest  housing  stock in the nation, New York has an
    56  especially serious lead poisoning problem and  urgently  needs  to  seek

        S. 2191                             3

     1  authorization  for  this  program. Doing so will give state agencies the
     2  authority  to  enforce  existing  regulations  and  the  opportunity  to
     3  strengthen them in an appropriate manner.
     4    § 927. Definitions. As used in this article, the following terms shall
     5  have the following meanings:
     6    1.  "Lead-based  paint"  means  paint or other similar surface coating
     7  material containing 1.0 milligrams of  lead  per  square  centimeter  or
     8  greater,  as determined by laboratory analysis of paint samples with all
     9  layers of paint present, or by an x-ray  fluorescence  analyzer.  If  an
    10  x-ray  fluorescence  analyzer  is  used, readings shall be corrected for
    11  substrate bias when necessary as specified by the performance character-
    12  istic sheets released by  the  United  States  environmental  protection
    13  agency and the United States department of housing and urban development
    14  for  the  specific  x-ray fluorescence analyzer used. X-ray fluorescence
    15  readings shall be classified as positive, negative  or  inconclusive  in
    16  accordance  with the most recent United States department of housing and
    17  urban development guidelines for the evaluation  and  control  of  lead-
    18  based paint hazards in housing and the performance characteristic sheets
    19  released  by  the  United States environmental protection agency and the
    20  United States department  of  housing  and  urban  development  for  the
    21  specific  x-ray  fluorescence analyzer used. X-ray fluorescence readings
    22  that fall within the inconclusive zone, as determined by the performance
    23  characteristic sheets, shall be  confirmed  by  laboratory  analysis  of
    24  paint  chips, results shall be reported in milligrams of lead per square
    25  centimeter and the measure of such laboratory analysis shall be  defini-
    26  tive.  If laboratory analysis is used to determine lead content, results
    27  shall be reported in milligrams of lead per square centimeter. Where the
    28  surface area of a paint chip sample cannot be accurately measured or  if
    29  an accurately measured paint chip sample cannot be removed, a laboratory
    30  analysis  may be reported in percent by weight. In such case, lead-based
    31  paint shall mean any paint or other  similar  surface  coating  material
    32  containing  more than 0.009% of metallic lead, based on the non-volatile
    33  content of the paint or other similar surface coating material.  In  the
    34  event  that  the  United  States  environmental  protection  agency or a
    35  successor agency, or the United States department of housing  and  urban
    36  development  or  a  successor  agency,  or a department or agency of the
    37  state of New York that has obtained applicable authorization pursuant to
    38  40 CFR part 745 subpart Q or successor regulation, adopts more stringent
    39  definitions of lead-based paint, such definitions shall  apply  for  the
    40  purposes of this article.
    41    2.  "Lead  dust  clearance" means mass-per-area concentrations of lead
    42  less than five micrograms of lead per square foot  on  floors  and  less
    43  than  forty  micrograms  per  square  foot  on  interior  window  sills,
    44  provided, however, that:
    45    (a) The commissioner may by regulation set more stringent  levels  for
    46  lead  dust  clearance in the event the commissioner determines such more
    47  stringent levels are needed  to  identify  potential  lead  hazards  and
    48  protect public health; and
    49    (b)  The  commissioner  shall  by regulation adopt such more stringent
    50  levels for lead dust clearance as may be set by the United States  envi-
    51  ronmental  protection  agency or the United States department of housing
    52  and urban development.
    53    § 928. Residential property  renovation.  1.  The  commissioner  shall
    54  adopt  rules  and/or regulations, sufficient to satisfy the requirements
    55  of 40 C.F.R. 745.326 or its successor regulation, governing:

        S. 2191                             4

     1    (a) pre-renovation education programs, procedures and requirements for
     2  the distribution of lead hazard information to owners and  occupants  of
     3  target  housing  and  child-occupied  facilities  before renovations for
     4  compensation; and
     5    (b)  renovation training, certification, accreditation, and work prac-
     6  tice standards programs, including:
     7    (i) procedures and requirements for the  accreditation  of  renovation
     8  and dust sampling technician training programs;
     9    (ii)  procedures and requirements for accredited initial and refresher
    10  training for renovators and dust  sampling  technicians  and  on-the-job
    11  training for other individuals who perform renovations;
    12    (iii) procedures and requirements for the certification of individuals
    13  and/or firms;
    14    (iv)  requirements  that all renovations be conducted by appropriately
    15  certified individuals and/or firms;
    16    (v) work practice standards for the conduct of renovations; and
    17    (vi) clear  enforcement  mechanisms  and  procedures  for  unannounced
    18  compliance inspections of properties and for responding to complaints.
    19    2. The regulations adopted under subdivision one of this section shall
    20  include provisions:
    21    (a)  Requiring  the  use  of  lead dust clearance testing, rather than
    22  cleaning verification, pursuant to 40 CFR 745.85(c) or  successor  regu-
    23  lation,  and  requiring  that  the  collection of dust clearance testing
    24  samples be performed by an inspector, risk assessor,  or  dust  sampling
    25  technician  independent of the owner or contractor and accredited pursu-
    26  ant to (i) the United States environmental protection agency pursuant to
    27  40 CFR 745.226 or 40 CFR 745.90(c)  or  successor  regulation;  or  (ii)
    28  certification  by  a  state  or  tribal program authorized by the United
    29  States environmental protection agency to certify individuals engaged in
    30  lead-based paint activities pursuant to  40  CFR  745.325  or  successor
    31  regulation;
    32    (b) Barring the disturbance or removal of lead-based paint or paint of
    33  unknown content using any of the following methods:
    34    (i) dry scraping or dry sanding, meaning the removal of paint or simi-
    35  lar  surface  coating material by scraping or sanding without the use of
    36  water misting to reduce dust levels or other similar methods to  control
    37  dust;
    38    (ii) open flame burning or torching, or the use of heat guns operating
    39  above eleven hundred degrees Fahrenheit, or charring paint;
    40    (iii)  machine sanding or grinding, or abrasive blasting or sandblast-
    41  ing, without the use of local exhaust control employing a vacuum cleaner
    42  device equipped with a high-efficiency particulate air filter capable of
    43  filtering out monodispersed particles of 0.3 microns or greater in diam-
    44  eter from a body of air at 99.97 percent efficiency or greater;
    45    (iv) paint stripping in a poorly ventilated  space  using  a  volatile
    46  stripper that is a hazardous substance in accordance with regulations of
    47  the  United  States  consumer  product  safety  commission  under 16 CFR
    48  1500.3, and a hazardous chemical in accordance with  the  United  States
    49  occupational  safety  and health administration regulations under 29 CFR
    50  1910.1200 or 1926.59 or successor regulation, as applicable to the work,
    51  methylene chloride and  n-methyl-2-pyrrolidone  (NMP),  and  such  other
    52  chemicals  that the department may by rule or regulation determine to be
    53  hazardous;
    54    (d) Requiring the on-site presence of a person accredited pursuant  to
    55  subdivision one of this section at all times during residential property
    56  renovation work;

        S. 2191                             5

     1    (e) Applying such regulations to all demolition activities;
     2    (f)  Directing that municipalities and counties may, upon the approval
     3  of the commissioner, assume enforcement in part or whole of  such  regu-
     4  lations pertaining to residential property renovation;
     5    (g)  Requiring  training  programs  authorized  by the commissioner to
     6  offer such trainings in a manner that is culturally competent including,
     7  where needed, multiple languages,  and  accommodations  for  individuals
     8  with low-literacy;
     9    (h)  Directing that pre-work or start-work notifications be filed with
    10  such local agencies as the commissioner may designate;
    11    (i) For posting notices in common areas of multi-family housing with a
    12  designated phone number  for  contacting  such  local  agencies  as  the
    13  commissioner  may  designate  for  the  enforcement  of  the regulations
    14  pertaining to residential property renovation.
    15    3. (a) The accreditation of individuals and/or firms pursuant  to  the
    16  regulations  adopted  under subdivision one of this section shall extend
    17  for a period of three years unless the commissioner has  probable  cause
    18  to  believe  an  individual  or  firm  accredited under this section has
    19  violated the terms of such accreditation or has engaged  in  illegal  or
    20  unethical  conduct  related  to inspections required by this section, in
    21  which case such accreditation to perform inspections shall be  suspended
    22  pending  a hearing in accordance with the provisions of the state admin-
    23  istrative procedure act. The commissioner shall establish by  regulation
    24  a  schedule of fees for the accreditation and registration of such indi-
    25  viduals and/or firms. Such fees shall be required to be paid at the time
    26  of initial registration and at the time of subsequent renewal of  regis-
    27  tration, and shall be sufficient to cover all costs, including the costs
    28  of  state  personnel, attributable to accreditation activities conducted
    29  under this section.
    30    (b) Fees collected pursuant to this subdivision shall  be  held  in  a
    31  continuing,  non-lapsing  special  fund  to  be  used  for accreditation
    32  purposes under this section.
    33    (c) Such fund established under  paragraph  (b)  of  this  subdivision
    34  shall  be  invested  and reinvested and any investment earnings shall be
    35  paid into the fund.
    36    4. Any violation of the provisions of this section shall be punishable
    37  as a misdemeanor, and a civil penalty of  not  less  than  ten  thousand
    38  dollars per violation.
    39    §  2. Paragraphs h and i of subdivision 1 of section 381 of the execu-
    40  tive law, as added by chapter 560 of the laws of 2010, are amended and a
    41  new paragraph j is added to read as follows:
    42    h. minimum basic training and  in-service  training  requirements  for
    43  personnel charged with administration and enforcement of the state ener-
    44  gy conservation construction code; [and]
    45    i.  standards and procedures for measuring the rate of compliance with
    46  the state energy conservation construction code, and provisions  requir-
    47  ing that such rate of compliance be measured on an annual basis[.]; and
    48    j.  procedures  requiring  the  documentation of compliance with regu-
    49  lations adopted pursuant to section nine  hundred  twenty-eight  of  the
    50  labor law as a condition to issuance of a construction permit.
    51    §  3.  This  act  shall take effect on the sixtieth day after it shall
    52  have become a law. Effective immediately, the addition, amendment and/or
    53  repeal of any rule or regulation necessary  for  the  implementation  of
    54  this  act  on its effective date are authorized to be made and completed
    55  on or before such effective date.
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