Add Title 17 Chap 9 Subchap 3 §§17-930 - 17-932, NYC Ad Cd
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.
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.
