Bill S566-2011

Enacts the childhood lead poisoning primary prevention and safe housing act

Enacts the childhood lead poisoning primary prevention and safe housing act; establishes the childhood lead poisoning primary prevention and safe housing fund; authorizes a corporate tax credit for lead hazard reduction activities.

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  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 5, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S566

TITLE OF BILL:

An act to amend the public health law, in relation to establishing the childhood lead poisoning primary prevention and safe housing act; to amend the state finance law, in relation to establishing the childhood lead poisoning primary prevention and safe housing fund; to amend the tax law, in relation to authorizing a credit for lead hazard reduction activities; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE:

To eliminate childhood lead poisoning in the state through primary prevention measures that include financial assistance to landlords and homeowners for lead-based paint hazard remediation in pre-1978 housing, screening of persons at risk of lead poisoning and public awareness and education.

SUMMARY OF PROVISIONS:

Section 1. States the act shall be known as the "childhood lead poisoning primary prevention and safe housing act". Section 2. Legislative findings and purposes. Section 3. Definitions. Amends section 1370 of the public health. Section 4. Amends section 1370-a of the public health law to include public awareness campaigns that include the use of mass media to inform the public on the dangers of lead poisoning and ways to prevent it. Section 5. Amends section 1370-c of the public health law to ensure children at age one and two and pregnant women are screened for lead poisoning and all children who are considered at risk are screened at least once per year up to age six. Section 6. Adds section 1377 to the public health law to require the department to establish guidelines and a trainer's manual for a "lead-safe housing awareness seminar." Section 7. Adds section 1378 to the public health law to authorize the department to establish regulations for inspections for conditions conducive to lead poisoning or lead based paint hazards. Section 8. Amends section 606 of the tax law to authorize a tax credit for certain activities related to lead hazard reduction. Limits the credit to $1500 per property, $5000 per taxpayer and fifteen million dollars in total for the two years the credits are authorized. Sets out documentation and other requirements to receive the tax credit. Section 9. Adds section 100 to the state finance law to establish the childhood lead poisoning primary prevention and safe housing fund that shall consist of the lead based paint hazard abatement revolving loan account and the primary prevention and safe housing account. Funds may be provided through appropriation, grant, gift, and donation or pursuant to law and shall be used to support the activities undertaken pursuant to this act. Section 10. Adds section 1379 to the public health law to authorize the department of health to issue a certificate of lead hazard reduction activities for purposes of a tax credit. sets out documentation and

other requirements to receive the tax credit. Section 11. Authorizes cooperation among state agencies and local municipalities to carry out the provisions of this act. Requires timely promulgation of rules or regulations. Section 12. Effective dates.

JUSTIFICATION:

This law would provide tax credit incentives to property owners and residents who remediate lead hazards in homes. Moreover, this law would help protect young children against the dangers of childhood lead poisoning.

LEGISLATIVE HISTORY:

2008 PASSED SENATE

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Sections 1.7 and 11 of this act shall take effect immediately. Sections 8 and 10 shall take effect 180 days after it becomes law and shall expire and deemed to be repealed two years after the effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 566 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to establishing the childhood lead poisoning primary prevention and safe housing act; to amend the state finance law, in relation to establishing the childhood lead poisoning primary prevention and safe housing fund; to amend the tax law, in relation to authorizing a credit for lead hazard reduction activities; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "childhood lead poisoning primary prevention and safe housing act". S 2. Legislative findings and purposes. 1. (a) Lead poisoning of chil- dren persists as one of the most prevalent and preventable environmental diseases in New York. At least 10,000 children were newly identified with levels of lead in their blood at 10 micrograms per deciliter in New York state in 2001. Moreover, only about one-third of children are receiving the lead screenings that are required by law and therefore, the actual number of children affected by the ingestion of lead is undoubtedly significantly greater than reported. Prevention is the only effective way to protect children from irreversible damage. Unless lead poisoning is prevented, elevated blood lead levels will result in impairment of the ability to think, concentrate, and learn. (b) Medical research indicates that children can suffer permanent, irreparable damage at blood levels even lower than 10 micrograms per deciliter, and that there is no level of lead ingestion which is without adverse impact. Medical research also indicates that fetal injuries from lead paint can occur if women have elevated blood levels during pregnan- cy. Because of this, intervention measures that wait until children have
been exposed have limited benefits, and the pursuit of primary prevention, which means eliminating lead hazards before children are exposed, has been recommended by the United States centers for disease control and prevention and promoted by leading experts in the field as a critical course of action to protect the health of young children. (c) The predominant cause of lead poisoning in children is the inges- tion of lead particles from deteriorating or abraded lead-based paint from older and poorly maintained residences. (d) Deteriorating lead-based paint or excessive amounts of lead-conta- minated dust in these poorly maintained homes endangers the intellectual and emotional development and physical well being of affected children. In addition, unsafe work practices that inadequately control lead dust in the repair or renovation of older homes can cause substantial lead hazards. (e) Although lead-based paint was banned for residential use in 1978, New York state has both the largest percentage and the largest absolute number of older housing units with lead paint in the nation. (f) The dangers posed by lead-based paint can be substantially reduced by taking measures to prevent paint deterioration and limiting chil- dren's exposure to paint chips and lead dust. (g) The deterioration of lead-based paint in older residences results in increased expenses each year for the state of New York in the form of special education and other education expenses, medical care for lead- poisoned children, and expenditures for delinquent youth and others needing special supervision. (h) Older housing units remain an important part of New York's housing stock, particularly for those of modest or limited incomes. The problem of lead-based paint in housing affects urban, suburban and rural areas of the state. (i) The existing housing codes and enforcement systems in most juris- dictions do not include primary prevention measures for lead hazards and have proven ineffective in encouraging widespread lead-based paint hazard abatement, mitigation, and control. (j) The financial incentives currently in place have not proven suffi- cient to motivate property owners to undertake widespread and effective lead-based paint hazard abatement, mitigation, and control; moreover low and moderate income property owners may not have access to the resources to eliminate or control lead hazards. (k) Knowledge of lead-based paint hazards, their control, mitigation, abatement, and risk avoidance is not sufficiently widespread, especially outside urban areas. 2. The purposes of this act are: (a) to increase the supply of afford- able rental housing in the state of New York in which measures have been taken to eliminate or substantially reduce the risk of childhood lead poisoning; (b) to ensure that New York's response to lead-based paint hazards focuses on primary prevention as the essential tool to combat childhood lead poisoning, and thus to substantially reduce, and eventually elimi- nate, the incidence of childhood lead poisoning in the state of New York; (c) to improve public awareness of lead safety issues and to educate both property owners and tenants about practices that can reduce the incidence of lead poisoning; (d) to provide access to the resources for property owners who commit to undertake specified lead hazard reduction measures.
S 3. Section 1370 of the public health law is amended by adding eigh- teen new subdivisions 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 to read as follows: 8. "DUST-LEAD HAZARD" MEANS SURFACE DUST THAT CONTAINS A DUST-LEAD LOADING (AREA CONCENTRATION OF LEAD) AT OR EXCEEDING THE LEVELS PROMUL- GATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO SECTION 403 OF THE TOXIC SUBSTANCES CONTROL ACT. 9. "DWELLING UNIT" MEANS A: (A) SINGLE-FAMILY DWELLING, INCLUDING ATTACHED STRUCTURES SUCH AS PORCHES AND STOOPS; OR (B) HOUSING UNIT IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE HOUSING UNIT, AND FOR WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE HOME OR SEPARATE LIVING QUARTERS OF ONE OR MORE PERSONS. 10. "ENCAPSULATION" MEANS THE APPLICATION OF A COVERING OR COATING THAT ACTS AS A BARRIER BETWEEN THE LEAD-BASED PAINT AND THE ENVIRONMENT AND THAT RELIES FOR ITS DURABILITY ON ADHESION BETWEEN THE ENCAPSULATE AND THE PAINTED SURFACE, AND ON THE INTEGRITY OF THE EXISTING BONDS BETWEEN PAINT LAYERS AND BETWEEN THE PAINT AND THE SUBSTRATE. ENCAPSULA- TION MAY BE USED AS A METHOD OF ABATEMENT IF IT IS DESIGNED AND PERFORMED SO AS TO BE PERMANENT. 11. "FRICTION SURFACE" MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE THAT TOUCHES OR IS IN CONTACT WITH ANOTHER SURFACE, SUCH THAT THE TWO SURFACES ARE CAPABLE OF RELATIVE MOTION AND ABRADE, SCRAPE, OR BIND WHEN IN RELATIVE MOTION. FRICTION SURFACES SHALL INCLUDE, BUT NOT BE LIMITED TO, WINDOW FRAMES AND JAMBS, DOORS, AND HINGES. 12. "HAZARD REDUCTION" MEANS MEASURES DESIGNED TO REDUCE OR ELIMINATE HUMAN EXPOSURE TO LEAD-BASED PAINT HAZARDS. 13. "HIGH EFFICIENCY PARTICLE AIR VACUUM" OR "HEPA-VACUUM" MEANS A DEVICE CAPABLE OF FILTERING OUT PARTICLES OF 0.3 MICRONS OR GREATER FROM A BODY OF AIR AT AN EFFICIENCY OF 99.97% OR GREATER; "HEPA-VACUUM" INCLUDES USE OF A HEPA-VACUUM. 14. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO, A DWELLING UNIT THAT CAUSES EXPOSURE TO LEAD FROM LEAD-CONTAMINATED DUST, FROM LEAD-BASED PAINT THAT IS DETERIORATED, OR FROM LEAD-BASED PAINT THAT IS PRESENT ON CHEWABLE SURFACES, DETERIORATED SUBSURFACES, FRICTION SURFACES, OR IMPACT SURFACES, OR IN SOIL, THAT WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS. 15. "IMPACT SURFACE" MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE THAT SHOWS EVIDENCE, SUCH AS MARKING, DENTING, OR CHIPPING, THAT IT IS SUBJECT TO DAMAGE BY REPEATED SUDDEN FORCE, SUCH AS CERTAIN PARTS OF DOOR FRAMES, MOLDINGS, OR BASEBOARDS. 16. "DETERIORATED PAINT" MEANS ANY INTERIOR OR EXTERIOR PAINT OR OTHER COATING THAT IS CURLING, SCALING, FLAKING, BLISTERING, PEELING, CHIP- PING, CHALKING, CRACKING, OR LOOSE IN ANY MANNER, SUCH THAT A SPACE OR POCKET OF AIR IS BEHIND A PORTION THEREOF OR SUCH THAT THE PAINT IS NOT COMPLETELY ADHERED TO THE UNDERLYING SUBSURFACE, OR IS OTHERWISE DAMAGED OR SEPARATED FROM THE SUBSTRATE. 17. "DETERIORATED SUBSURFACE" SHALL MEAN AN UNSTABLE OR UNSOUND PAINT- ED SUBSURFACE, AN INDICATION OF WHICH CAN BE OBSERVED THROUGH A VISUAL INSPECTION, INCLUDING, BUT NOT LIMITED TO, ROTTED OR DECAYED WOOD, OR WOOD OR PLASTER THAT HAS BEEN SUBJECT TO MOISTURE OR DISTURBANCE. 18. "CHEWABLE SURFACE" MEANS AN INTERIOR OR EXTERIOR SURFACE PAINTED WITH LEAD-BASED PAINT THAT A YOUNG CHILD CAN MOUTH OR CHEW. A CHEWABLE SURFACE IS THE SAME AS AN "ACCESSIBLE SURFACE" AS DEFINED IN 42 U.S.C.
4851B(2). HARD METAL SUBSTRATES AND OTHER MATERIALS THAT CANNOT BE DENT- ED BY THE BITE OF A YOUNG CHILD ARE NOT CONSIDERED CHEWABLE. 19. "PERMANENT" MEANS AN EXPECTED DESIGN LIFE OF AT LEAST TWENTY YEARS. 20. "SOIL-LEAD HAZARD" MEANS BARE SOIL ON RESIDENTIAL PROPERTY THAT CONTAINS LEAD EQUAL TO OR EXCEEDING LEVELS PROMULGATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO SECTION 403 OF THE TOXIC SUBSTANCES CONTROL ACT. 21. "TENANT" MEANS THE INDIVIDUAL NAMED AS THE LESSEE IN A LEASE, RENTAL AGREEMENT OR OTHER FORM OF OCCUPANCY AGREEMENT, WHETHER WRITTEN OR ORAL, FOR A DWELLING UNIT, AND INCLUDES TENANCIES INCIDENT TO EMPLOY- MENT. WHERE APPLICABLE, THE TERM "TENANT" SHALL ALSO INCLUDE ANY MEMBER OF THE TENANT'S HOUSEHOLD. 22. "WIPE SAMPLE" MEANS A SAMPLE COLLECTED BY WIPING A REPRESENTATIVE SURFACE OF KNOWN AREA, AS DETERMINED BY ASTM E1728, "STANDARD PRACTICE FOR FIELD COLLECTION OF SETTLED DUST SAMPLES USING WIPE SAMPLING METHODS FOR LEAD DETERMINATION BY ATOMIC SPECTROMETRY TECHNIQUES," OR EQUIVALENT METHOD, WITH AN ACCEPTABLE WIPE MATERIAL AS DEFINED IN ASTM E 1792, "STANDARD SPECIFICATION FOR WIPE SAMPLING MATERIALS FOR LEAD IN SURFACE DUST." 23. "CLEARANCE EXAMINATION" MEANS AN ACTIVITY, CONDUCTED BY A RISK ASSESSOR OR LEAD-BASED PAINT INSPECTOR, FOLLOWING LEAD-BASED PAINT HAZARD REDUCTION ACTIVITIES TO DETERMINE THAT THE HAZARD REDUCTION ACTIVITIES ARE COMPLETE AND THAT NO SOIL-LEAD HAZARDS OR SETTLED DUST-LEAD HAZARDS EXIST IN THE DWELLING UNIT OR WORKSITE. 24. "WORKSITE" MEANS AN INTERIOR OR EXTERIOR AREA WHERE LEAD-BASED PAINT HAZARD REDUCTION ACTIVITY TAKES PLACE. THERE MAY BE MORE THAN ONE WORKSITE IN A DWELLING UNIT. 25. "INSPECTIONS FOR CONDITIONS CONDUCIVE TO LEAD POISONING OR LEAD-BASED PAINT HAZARDS" MEANS AN ACTIVITY CONDUCTED TO IDENTIFY ANY CONDITION CONDUCIVE TO LEAD POISONING OR LEAD-BASED PAINT HAZARDS, IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-EIGHT OF THIS TITLE, WHEN- EVER SUCH ACTIVITY IS REQUIRED OR OTHERWISE CONDUCTED PURSUANT TO THE PROVISIONS OF THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING ACT. S 4. Paragraph (d) of subdivision 2 of section 1370-a of the public health law, as added by chapter 485 of the laws of 1992, is amended and three new subdivisions 4, 5, and 6 are added to read as follows: (d) develop and implement public education and community outreach programs AND PUBLIC AWARENESS CAMPAIGNS on lead exposure, detection and risk reduction. SUCH PROGRAMS AND CAMPAIGNS SHALL INCLUDE, BUT NOT BE LIMITED TO, USE OF MASS MEDIA. 4. EACH HEALTH INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL REPORT ANNUALLY TO THE DEPARTMENT ITS AGGREGATE DATA REGARDING COMPLIANCE WITH THE SCREENING REQUIREMENTS PURSUANT TO THIS SECTION. SUCH DATA SHALL DETAIL THE NUMBER AND PERCENTAGE OF CHILDREN SEEN WHO WERE AGES ONE AND TWO, THE NUMBER AND PERCENTAGE WHO WERE SCREENED AT AGE ONE, AND THE NUMBER AND PERCENTAGE WHO WERE SCREENED AT AGE TWO, SEPARATELY ORGANIZED BY ZIP CODE. THIS REPORT ON SCREENING COMPLIANCE SHALL BE PROVIDED TO THE DEPARTMENT BY FEBRUARY FIRST FOLLOWING THE END OF THE CALENDAR YEAR. 5. THE DEPARTMENT SHALL INCLUDE THE SCREENING AND REPORTING REQUIRE- MENTS IN ITS CONTRACTS FOR SERVICES UNDER THE MEDICAID AND CHILD HEALTH PLUS PROGRAMS OR ANY OTHER PROGRAMS FUNDED IN WHOLE OR IN PART WITH STATE OR LOCAL FUNDS AND PROVIDING HEALTH SERVICES TO CHILDREN UNDER AGE SIX AND PREGNANT WOMEN, AND SHALL IMPOSE COMPLIANCE TARGETS AND APPRO-
PRIATE PENALTIES OR SANCTIONS IN THE EVENT SUCH TARGETS ARE NOT ACHIEVED. 6. BY MARCH FIFTH OF EACH YEAR THE DEPARTMENT SHALL SUBMIT TO THE HEALTH COMMITTEES OF THE SENATE AND ASSEMBLY AND MAKE PUBLICLY AVAILABLE A REPORT ON SCREENING RATES OF THE PRECEDING YEAR PURSUANT TO THIS SECTION, INCLUDING THE ACTUAL NUMBER AND ESTIMATED PERCENTAGE OF ONE YEAR OLD CHILDREN AND THE ACTUAL NUMBER AND ESTIMATED PERCENTAGE OF TWO YEAR OLD CHILDREN SCREENED FOR BLOOD LEAD, THE ACTUAL NUMBER AND ESTI- MATED PERCENTAGE OF CHILDREN SCREENED AT BOTH ONE YEAR OF AGE AND TWO YEARS OF AGE, THE PERFORMANCE OF MEDICAID AND CHILD HEALTH PLUS PROGRAMS OR ANY OTHER PROGRAMS FUNDED IN WHOLE OR IN PART WITH STATE AND LOCAL FUNDS AND PROVIDING HEALTH SERVICES TO CHILDREN UNDER AGE SIX AND PREG- NANT WOMEN, AND ITS ACTIONS TO PUBLICIZE AND ENFORCE THE OBLIGATIONS ON HEALTH CARE PROVIDERS PURSUANT TO THIS SECTION. S 5. Subdivision 1 of section 1370-c of the public health law, as added by chapter 485 of the laws of 1992, is amended to read as follows: 1. The department is authorized to AND SHALL promulgate regulations establishing the means by which and the intervals at which children and pregnant women shall be screened for elevated lead levels. The depart- ment is also authorized to require screening for lead poisoning in other high risk groups. AT A MINIMUM, THE DEPARTMENT SHALL ENSURE THAT ALL CHILDREN AT BOTH AGE ONE YEAR AND AT AGE TWO YEARS AND PREGNANT WOMEN WHO ARE DETERMINED TO BE AT RISK SHALL BE SCREENED AND THAT ALL CHILDREN WHO ARE CONSIDERED AT RISK UP TO SIX YEARS OF AGE SHALL BE SCREENED AT LEAST ONCE EACH YEAR. S 6. The public health law is amended by adding a new section 1377 to read as follows: S 1377. LEAD-SAFE HOUSING AWARENESS SEMINAR. WITHIN SIX MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL ESTABLISH GUIDELINES AND A TRAINER'S MANUAL FOR A "LEAD-SAFE HOUSING AWARENESS SEMINAR" WITH A TOTAL CLASS TIME OF THREE HOURS OR LESS. SUCH GUIDELINES AND MATERIALS SHALL BE MADE AVAILABLE SO THAT SUCH COURSES MAY BE OFFERED BY THE DEPARTMENT OR OTHER STATE PERSONNEL, PROFESSIONAL ASSOCIATIONS AND COMMUNITY ORGANIZATIONS WITH A TRAINING CAPACITY, EXISTING ACCREDITED EDUCATIONAL INSTITUTIONS, AND NOT-FOR-PROFIT EDUCA- TIONAL PROVIDERS. ALL SUCH OFFERING PROPOSALS SHALL BE REVIEWED AND APPROVED, BASED ON SEMINAR CONTENT AND QUALIFICATIONS OF INSTRUCTORS, BY THE DEPARTMENT OR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR THEIR DESIGNEES. THE DEPARTMENT IS AUTHORIZED TO SET AND COLLECT A FEE FOR SUCH MANUALS OR COURSES. ANY FEES COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW. S 7. The public health law is amended by adding a new section 1378 to read as follows: S 1378. CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING PLAN. 1. THE DEPARTMENT IS HEREBY AUTHORIZED AND REQUIRED TO DEVELOP AND IMPLEMENT, WITHIN NINE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUS- ING PLAN WHICH PURPOSE IS THE ELIMINATION OF CHILDHOOD LEAD POISONING. THE PLAN SHALL ALSO INCLUDE PUBLIC AWARENESS CAMPAIGNS AND COMMUNITY OUTREACH EFFORTS. SUCH PLAN SHALL ALSO INCLUDE LOCAL PRIMARY PREVENTION PLANS FOR COMMUNITIES OF CONCERN IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH PLAN MAY BE AMENDED BY THE DEPARTMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. BY MARCH FIFTH OF EACH YEAR BEGIN- NING THE FIRST YEAR AFTER THIS SECTION BECOMES LAW, THE DEPARTMENT SHALL
SUBMIT TO THE HEALTH AND FISCAL COMMITTEES OF THE LEGISLATURE AND THE ADVISORY COUNCIL ESTABLISHED IN SECTION THIRTEEN HUNDRED SEVENTY-B OF THIS TITLE A REPORT ON THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING PLAN. 2. THE DEPARTMENT SHALL IDENTIFY AND DESIGNATE THE THIRTY MUNICI- PALITIES IN THE STATE THAT HAVE THE GREATEST NUMBERS OF CHILDREN IDENTI- FIED WITH BLOOD LEAD LEVELS GREATER THAN OR EQUAL TO TEN MICROGRAMS OF LEAD PER DECILITER OF WHOLE BLOOD AS COMMUNITIES OF CONCERN. SUCH DESIG- NATION SHALL NOT INCLUDE CITIES WITH A POPULATION OF ONE MILLION OR MORE. SUCH DESIGNATION SHALL BE MADE AT LEAST BIENNIALLY AND BY THE THIRTIETH DAY OF DECEMBER OF THE YEAR IN WHICH THE DESIGNATION IS MADE. 3. A. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT, IN COOPERATION WITH THE DEPARTMENT OF STATE AND LOCAL MUNICIPALITIES, A LOCAL PRIMARY PREVENTION PLAN TO PREVENT EXPOSURE TO LEAD FOR EACH COMMUNITY OF CONCERN. A LOCAL PRIMARY PREVENTION PLAN SHALL TARGET CHILDREN UNDER AGE SIX AND PREGNANT WOMEN AND ANY CENSUS TRACT OR BLOCK GROUP IN THE MUNI- CIPALITIES IN WHICH DURING ANY SINGLE YEAR, MORE THAN TWENTY-FIVE CHIL- DREN HAVE BEEN IDENTIFIED WITH BLOOD LEAD LEVELS GREATER THAN OR EQUAL TO TEN MICROGRAMS OF LEAD PER DECILITER OF WHOLE BLOOD AND SHALL SET TARGETS AND A REASONABLE TIME FRAME, INCLUDING A RATIONALE FOR SUCH TIME FRAME, FOR THE ELIMINATION OF CHILDHOOD LEAD POISONING WITHIN THE MUNI- CIPALITY. IN MUNICIPALITIES WITH SUCH CENSUS TRACTS OR BLOCK GROUPS, A LOCAL PRIMARY PREVENTION PLAN ALSO SHALL INCLUDE THE INSPECTION FOR CONDITIONS CONDUCIVE TO LEAD POISONING AND LEAD-BASED PAINT HAZARDS OF DWELLING UNITS WHICH ARE EITHER RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS OCCUPIED AS THE TEMPORARY OR PERMANENT RESIDENCE OR HOME OF ONE OR MORE FAMILIES LIVING INDEPENDENTLY OF EACH OTHER AND ALSO SHALL INCLUDE THE INSPECTION FOR CONDITIONS CONDUCIVE TO LEAD POISONING AND LEAD-BASED PAINT HAZARDS OF DWELLING UNITS IN WHICH GROUP FAMILY DAY CARE HOMES AND FAMILY DAY CARE HOMES, AS DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, ARE OPERATED. SUCH PLAN SHALL REQUIRE THAT ANY LEAD-BASED PAINT HAZARDS OR CONDITIONS CONDUCIVE TO LEAD POISONING IDENTIFIED IN SUCH INSPECTED PROPERTIES BE ELIMINATED OR CONTROLLED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A OF SUBDIVI- SION ONE OF SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THIS CHAPTER. A LOCAL PRIMARY PREVENTION PLAN SHALL BE IN EFFECT NO LATER THAN SEVEN MONTHS AFTER THE MUNICIPALITY IS DESIGNATED AS A COMMUNITY OF CONCERN. B. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF STATE AND LOCAL MUNICIPALITIES, SHALL PROMULGATE RULES AND REGULATIONS FOR THE DEVELOPMENT, IMPLEMENTATION AND AMENDMENT OF A LOCAL PRIMARY PREVENTION PLAN. PROVIDED, HOWEVER, NO SUCH PLAN SHALL BE IMPLEMENTED OR SUBSTAN- TIALLY AMENDED UNLESS THE PLAN, INCLUDING A PROPOSED BUDGET FOR THE PLAN, HAS BEEN SUBMITTED BY THE DEPARTMENT OR THE LOCAL MUNICIPALITY FOR REVIEW AT LEAST ONE PUBLIC HEARING IN THE MUNICIPALITY FOR WHICH SUCH PLAN IS DEVELOPED AND A PUBLIC COMMENT PERIOD OF AT LEAST SIXTY DAYS HAS BEEN PROVIDED BY THE DEPARTMENT OR THE LOCAL MUNICIPALITY IN CONSIDER- ATION OF THE BILL. C. IF A MUNICIPALITY HAS DEVELOPED A PLAN SUBSTANTIALLY SIMILAR TO THE REQUIREMENTS FOR A LOCAL PRIMARY PREVENTION PLAN IN ACCORDANCE WITH THIS SECTION OR PASSED AN ORDINANCE OR LOCAL LAW OR SET OF ORDINANCES OR LOCAL LAWS THAT CONSTITUTE A SUBSTANTIALLY SIMILAR PLAN SUCH PLAN OR ORDINANCE OR LOCAL LAW OR SET OF ORDINANCES OR LOCAL LAWS MAY BE ACCEPTED AS THE LOCAL PRIMARY PREVENTION PLAN FOR THE MUNICIPALITY. AN ORDINANCE OR LOCAL LAW OR SET OF ORDINANCES OR LOCAL LAWS THAT WAS IN EFFECT ON JULY FIRST, TWO THOUSAND SIX IN THE CITY OF ROCHESTER WHICH POLICY AND INTENT IS TO PREVENT HUMAN EXPOSURE TO LEAD-BASED PAINT
HAZARDS IS A SUBSTANTIALLY SIMILAR PLAN FOR PURPOSES OF THIS SECTION AND NO PUBLIC HEARING AND PUBLIC COMMENT PERIOD SHALL BE CONSIDERED TO HAVE BEEN REQUIRED FOR ITS IMPLEMENTATION. 4. A. FUNDING FOR THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING PLAN AND ANY LOCAL PRIMARY PREVENTION PLANS INCLUDED THERE- IN SHALL BE SUBJECT TO APPROPRIATION BY THE STATE LEGISLATURE. B. EXCEPT IF AGREED TO BY THE DEPARTMENT AND THE MUNICIPALITY, COSTS INCURRED BY A MUNICIPALITY DIRECTLY RELATED TO A LOCAL PRIMARY PREVENTION PLAN OR THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING PLAN WHICH ARE NOT ELIGIBLE TO BE PAID FOR OR OTHERWISE REIMBURSED BY A NON-STATE GOVERNMENTAL ENTITY AND WHICH ARE NOT COSTS OF AN OWNER OR OCCUPANT OF AN AFFECTED PROPERTY SHALL BE CONSIDERED COSTS OF THE DEPARTMENT. SUCH COSTS SHALL BE REIMBURSED TO THE MUNICIPALITY BY THE DEPARTMENT. FUNDING FOR SUCH COSTS SHALL BE MADE AVAILABLE SUBJECT TO APPROPRIATION BY THE STATE LEGISLATURE. A COST MAY BE CONSIDERED DIRECTLY RELATED IF IT WOULD NOT HAVE BEEN INCURRED BUT FOR THE LOCAL PRIMARY PREVENTION PLAN OR CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING PLAN. THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH THE MUNICIPALITIES, THE DEPARTMENT OF STATE OR ANY OTHER APPROPRIATE STATE OR FEDERAL AGENCY, DEPARTMENT, DIVISION, QUASI-PUBLIC CORPORATION OR AUTHORITY FOR THE REIMBURSEMENT OF SUCH COSTS. 5. THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING PLAN SHALL ALSO REQUIRE, IN RESPONSE TO A CHILD UNDER AGE SIX OR A PREG- NANT WOMAN WHO HAS A CONFIRMED BLOOD LEAD LEVEL GREATER THAN OR EQUAL TO TEN MICROGRAMS OF LEAD PER DECILITER OF WHOLE BLOOD, A COMPLETE DIAGNOS- TIC ASSESSMENT WHICH SHALL INCLUDE: A DETAILED LEAD EXPOSURE ASSESSMENT, A NUTRITIONAL ASSESSMENT, INCLUDING IRON STATUS, AND, AS APPROPRIATE, DEVELOPMENT SCREENING AND AN ENVIRONMENTAL ASSESSMENT SHALL BE CONDUCTED BY THE DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF STATE AND ANY OTHER APPROPRIATE STATE AGENCY, DEPARTMENT, DIVISION, QUASI-PUBLIC CORPORATION OR AUTHORITY AND MUNICIPALITY, TO DETERMINE THE SOURCE OF EXPOSURE TO LEAD WHICH SHALL INCLUDE, TO THE EXTENT PRACTICABLE, AN INSPECTION FOR CONDITIONS CONDUCIVE TO LEAD POISONING AND LEAD-BASED PAINT HAZARDS WITHIN FIFTEEN DAYS OF NOTIFICATION TO THE DEPARTMENT OF SUCH CONFIRMED BLOOD LEVELS. 6. A. THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND REGULATIONS REGARDING INSPECTIONS FOR CONDITIONS CONDUCIVE TO LEAD POISONING OR LEAD-BASED PAINT HAZARDS. THE RULES AND REGULATIONS SHALL PROVIDE FOR, BUT NOT BE LIMITED TO, QUALIFICATIONS OF INDIVIDUALS ELIGIBLE TO CONDUCT SUCH INSPECTIONS, STANDARDS OF PRACTICE, PROCEDURES OR PROTOCOL FOR CONDUCTING SUCH INSPECTIONS AND REQUIREMENTS FOR WRITTEN REPORTS DOCUMENTING THE RESULTS OF SUCH INSPECTIONS. TO SATISFY THE REQUIREMENTS OF THIS PARAGRAPH, THE DEPARTMENT MAY ADOPT REGULATIONS SUFFICIENT TO SATISFY THE REQUIREMENTS OF 40 C.F.R. PART 745 SUBPART Q OR SUCCESSOR REGULATION. B. THE DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS SUFFICIENT TO SATISFY THE REQUIREMENTS OF 40 C.F.R. PART 745 SUBPART Q OR SUCCESSOR REGULATION, GOVERNING THE ACCREDITATION OF PERSONS ENGAGING IN LEAD-BASED PAINT ACTIVITIES. C. THE DEPARTMENT MAY ESTABLISH BY REGULATION A SCHEDULE OF FEES FOR THE ACCREDITATION AND REGISTRATION OF PERSONS ENGAGING IN LEAD-BASED PAINT ACTIVITIES OR CONDUCTING INSPECTIONS FOR CONDITIONS CONDUCIVE TO LEAD POISONING OR LEAD-BASED PAINT ACTIVITIES. SUCH FEES SHALL BE REQUIRED TO BE PAID AT THE TIME OF INITIAL REGISTRATION AND AT THE TIME OF SUBSEQUENT RENEWAL OF REGISTRATION AND SHALL BE DEPOSITED INTO THE
CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND ESTAB- LISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW. 7. MUNICIPALITIES SHALL COOPERATE FULLY WITH THE DEPARTMENT, DEPART- MENT OF STATE OR ANY OTHER APPROPRIATE STATE AGENCY, DEPARTMENT, DIVI- SION, QUASI-PUBLIC CORPORATION OR AUTHORITY TO CARRY OUT THE PROVISIONS OF THIS SECTION. 8. THE DEPARTMENT SHALL, IN COOPERATION WITH ANY OTHER APPROPRIATE STATE AGENCY, DEPARTMENT, DIVISION, QUASI-PUBLIC CORPORATION OR AUTHORI- TY, LOCAL MUNICIPALITIES AND COMMUNITY ORGANIZATIONS, TAKE STEPS AND DEVELOP STRATEGIES TO BALANCE THE NEED TO ELIMINATE THE INCIDENCE OF CHILDHOOD LEAD POISONING WITH THE NEED FOR AVAILABLE, AFFORDABLE HOUSING AND CHILD CARE. SUCH STEPS AND STRATEGIES SHALL BE REFLECTED IN THE DEVELOPMENT AND IMPLEMENTATION OF THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING PLAN AND LOCAL PRIMARY PREVENTION PLANS. 9. THE COMMISSIONER SHALL DESIGNATE A DEPUTY COMMISSIONER OF HEALTH RESPONSIBLE FOR FULFILLING THE REQUIREMENTS OF THIS SECTION WHEN SUCH REQUIREMENTS INVOLVE THE RESPONSIBILITIES OF THE DEPARTMENT. S 8. Section 606 of the tax law is amended by adding a new subsection (ss) to read as follows: (SS) CREDIT FOR LEAD HAZARD REDUCTION ACTIVITIES. (1) AUTHORIZATION OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO FIFTY PERCENT OF THE COST OF THE QUALIFIED ACTIV- ITIES COMPLETED WHICH BROUGHT ANY DWELLING UNIT LOCATED IN THIS STATE INCLUDING OWNER OCCUPIED DWELLING UNITS INTO COMPLIANCE WITH EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" CERTIFICATION STATUS AS DESCRIBED IN SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW, PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIRE- MENTS OF PARAGRAPH EIGHT OF THIS SUBSECTION. SUCH DWELLING UNIT MUST BE CERTIFIED AS EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" IN ORDER FOR ANY CREDIT TO BE ALLOWED UNDER THIS SUBSECTION. A CREDIT SHALL BE ALLOWED UNDER THIS SUBSECTION FOR THE COSTS OF THE FOLLOWING QUALIFIED ACTIVITIES PROVIDED THE EXPECTED USEFUL LIFE OF SUCH ACTIVITIES IS TEN YEARS OR MORE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE DEPART- MENT IN CONSULTATION WITH THE DEPARTMENT OF STATE, THE DEPARTMENT OF HEALTH, AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARAGRAPH EIGHT OF THIS SUBSECTION: (A) ANY SET OF MEASURES WHICH WOULD RESULT IN THE PERMANENT ELIMI- NATION OF LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS, INCLUDING THE REMOVAL OF LEAD-BASED PAINT, THE PERMANENT ENCLOSURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF COMPONENTS OR FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR PERMANENT COVERING OF SOIL-BASED HAZARDS; (B) THE REPLACEMENT OF ANY SURFACES, WINDOWS, OR FIXTURES PAINTED WITH LEAD-BASED PAINT; (C) THE ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT; AND (D) THE REMOVAL OR ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT, OR PAINT OF UNKNOWN LEAD CONTENT, FROM FRICTION SURFACES, SUCH AS THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES, THE STRIPPING AND REPAINTING OF INTERIOR WINDOW TROUGHS AND WINDOWSILLS OR THEIR REPLACE- MENT OR ENCAPSULATION WITH VINYL, METAL, OR ANY OTHER DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE, OR THE STRIPPING AND RE-HANGING OF DOORS. (2) AMOUNT OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO FIFTY PERCENT OF THE TOTAL EXPENSES ACTUALLY INCURRED FOR QUALIFIED ACTIVITIES DESCRIBED IN THIS SUBSECTION UP TO A MAXIMUM OF ONE THOUSAND FIVE
HUNDRED DOLLARS PER DWELLING UNIT. IN NO EVENT SHALL THE TOTAL TAX CRED- IT RECEIVED BY A TAXPAYER PURSUANT TO THIS SUBSECTION EXCEED FIVE THOU- SAND DOLLARS PER TAX YEAR. (3) RESTRICTION OF CREDIT TO QUALIFIED RENTAL HOUSING UNITS; INCOME RESTRICTIONS UPON ELIGIBILITY OF TAXPAYER. IN THE CASE OF A DWELLING UNIT THAT IS RENTED OR LEASED, THE AVAILABILITY OF A TAX CREDIT PURSUANT TO THIS SUBSECTION SHALL BE LIMITED TO SUCH DWELLING UNITS FOR WHICH THE CONTRACT RENT, INCLUDING ANY RENT SUBSIDY OR SHELTER ALLOWANCE THAT HAS BEEN PAID TO THE OWNER ON BEHALF OF THE TENANT, HAS AT NO TIME DURING THE TAX YEAR IN WHICH THE ELIGIBLE COSTS WERE INCURRED EXCEEDED ONE HUNDRED PERCENT OF THE APPLICABLE AREA FAIR MARKET RENT PUBLISHED ANNU- ALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 8(C)(1) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC 1437F(C)(1). (4) RESTRICTION UPON THE INCOME LEVEL OF TAXPAYERS ELIGIBLE FOR CRED- IT. (A) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT IN CONJUNC- TION WITH ACTIVITIES MADE TO AN OWNER-OCCUPIED UNIT, THE ELIGIBILITY FOR THE TAX CREDIT SHALL BE LIMITED TO TAXPAYERS WHOSE INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC 1437C(B)(2); AND (B) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT IN CONJUNCTION WITH ACTIVITIES MADE TO A DWELLING UNIT IN WHICH THERE ARE FOUR OR MORE DWELLING UNITS THAT ARE RENTED OR LEASED, THEN ELIGIBILITY FOR THE TAX CREDIT SHALL BE LIMITED TO SUCH DWELLING UNITS IN WHICH THE HOUSEHOLD INCOME OF THE OCCUPANTS IN EACH DWELLING UNIT DID NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC 1437C(B)(2). (5) MULTIPLE TAXPAYERS. IF THE DWELLING UNIT IS OWNED BY TWO OR MORE TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR EACH SUCH ELIGIBLE TAXPAYER SHALL BE PRORATED ACCORDING TO THE PERCENT- AGE OF THE TOTAL EXPENDITURE FOR ELIGIBLE ACTIVITIES INCURRED BY EACH TAXPAYER AND SHALL NOT EXCEED FIVE THOUSAND DOLLARS. (6) EXPENSES TO BE PAID BY TAXPAYER. THE AMOUNT OF ANY CREDIT ALLOWED UNDER THIS SUBSECTION SHALL BE RESTRICTED TO EXPENSES ACTUALLY INCURRED AND SHALL NOT INCLUDE ANY COST TO THE EXTENT SUCH COST IS FUNDED BY ANY GRANT, CONTRACT, OR OTHERWISE BY ANOTHER PERSON OR BY ANY GOVERNMENTAL ENTITY, INCLUDING A LOAN FROM MONEYS IN THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND. (7) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. (8) DUPLICATE CREDIT PROHIBITED. NO COST SHALL BE ELIGIBLE FOR A CRED- IT UNDER THIS SUBSECTION IF THE TAXPAYER IS ENTITLED TO CLAIM A CREDIT IN THE SAME AMOUNT UNDER EITHER THE FEDERAL TAX CODE OR OTHER PROVISIONS OF THIS CHAPTER. (9) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO CREDIT SHALL BE ALLOWED UNDER THIS SUBSECTION UNLESS THE TAXPAYER PROVIDES TO THE COMMISSIONER:
(A) A CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES OF A TAX CREDIT PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW; AND (B) ANY OTHER DOCUMENTS THE DEPARTMENT DEEMS NECESSARY TO DETERMINE ELIGIBILITY FOR THE TAX CREDIT PURSUANT TO THIS SUBSECTION. (10) PROMULGATION OF REGULATIONS. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE SECRETARY OF STATE AND THE COMMIS- SIONER OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBSECTION. (11) MAXIMUM AGGREGATE. PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY- NINE OF THE PUBLIC HEALTH LAW, THE MAXIMUM AMOUNT OF CREDIT ALLOWED, IN THE AGGREGATE, FOR ALL TAX CREDITS SHALL NOT EXCEED FIFTEEN MILLION DOLLARS AND FUNDING FOR SUCH TAX CREDITS IS SUBJECT TO APPROPRIATION. S 9. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xxxii) to read as follows: (XXXII) CREDIT FOR LEAD HAZARD AMOUNT OF CREDIT UNDER REDUCTION ACTIVITIES SUBDIVISION FORTY-THREE OF UNDER SUBSECTION (SS) SECTION TWO HUNDRED TEN S 10. Section 210 of the tax law is amended by adding a new subdivi- sion 43 to read as follows: 43. CREDIT FOR LEAD HAZARD REDUCTION ACTIVITIES. (1) AUTHORIZATION OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO FIFTY PERCENT OF THE COST OF THE QUALIFIED ACTIV- ITIES COMPLETED WHICH BROUGHT ANY DWELLING UNIT LOCATED IN THIS STATE INCLUDING OWNER OCCUPIED DWELLING UNITS INTO COMPLIANCE WITH EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" CERTIFICATION STATUS AS DESCRIBED IN SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW, PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIRE- MENTS OF PARAGRAPH EIGHT OF THIS SUBDIVISION. SUCH DWELLING UNIT MUST BE CERTIFIED AS EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" IN ORDER FOR ANY CREDIT TO BE ALLOWED UNDER THIS SUBDIVISION. A CREDIT SHALL BE ALLOWED UNDER THIS SUBDIVISION FOR THE COSTS OF THE FOLLOWING QUALIFIED ACTIVITIES PROVIDED THE EXPECTED USEFUL LIFE OF SUCH ACTIVITIES IS TEN YEARS OR MORE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE DEPART- MENT IN CONSULTATION WITH THE DEPARTMENT OF STATE, THE DEPARTMENT OF HEALTH, AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARAGRAPH EIGHT OF THIS SUBDIVISION: (A) ANY SET OF MEASURES WHICH WOULD RESULT IN THE PERMANENT ELIMI- NATION OF LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS, INCLUDING THE REMOVAL OF LEAD-BASED PAINT, THE PERMANENT ENCLOSURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF COMPONENTS OR FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR PERMANENT COVERING OF SOIL-BASED HAZARDS; (B) THE REPLACEMENT OF ANY SURFACES, WINDOWS, OR FIXTURES PAINTED WITH LEAD-BASED PAINT; (C) THE ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT; AND (D) THE REMOVAL OR ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT, OR PAINT OF UNKNOWN LEAD CONTENT, FROM FRICTION SURFACES, SUCH AS THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES, THE STRIPPING AND REPAINTING OF INTERIOR WINDOW TROUGHS AND WINDOWSILLS OR THEIR REPLACE- MENT OR ENCAPSULATION WITH VINYL, METAL, OR ANY OTHER DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE, OR THE STRIPPING AND RE-HANGING OF DOORS.
(2) AMOUNT OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO FIFTY PERCENT OF THE TOTAL EXPENSES ACTUALLY INCURRED FOR QUALIFIED ACTIVITIES DESCRIBED IN THIS SUBDIVISION UP TO A MAXIMUM OF ONE THOUSAND FIVE HUNDRED DOLLARS PER DWELLING UNIT. IN NO EVENT SHALL THE TOTAL TAX CRED- IT RECEIVED BY A TAXPAYER PURSUANT TO THIS SUBDIVISION EXCEED FIVE THOU- SAND DOLLARS PER TAX YEAR. (3) RESTRICTION OF CREDIT TO QUALIFIED RENTAL HOUSING UNITS; INCOME RESTRICTIONS UPON ELIGIBILITY OF TAXPAYER. IN THE CASE OF A DWELLING UNIT THAT IS RENTED OR LEASED, THE AVAILABILITY OF A TAX CREDIT PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO SUCH DWELLING UNITS FOR WHICH THE CONTRACT RENT, INCLUDING ANY RENT SUBSIDY OR SHELTER ALLOWANCE THAT HAS BEEN PAID TO THE OWNER ON BEHALF OF THE TENANT, HAS AT NO TIME DURING THE TAX YEAR IN WHICH THE ELIGIBLE COSTS WERE INCURRED EXCEEDED ONE HUNDRED PERCENT OF THE APPLICABLE AREA FAIR MARKET RENT PUBLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 8(C)(1) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC 1437F(C)(1). (4) RESTRICTION UPON THE INCOME LEVEL OF TAXPAYERS ELIGIBLE FOR CRED- IT. (A) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT IN CONJUNC- TION WITH ACTIVITIES MADE TO AN OWNER-OCCUPIED UNIT, THE ELIGIBILITY FOR THE TAX CREDIT SHALL BE LIMITED TO TAXPAYERS WHOSE INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC 1437C(B)(2); AND (B) WITH RESPECT TO TAXPAYERS CLAIMING THE TAX CREDIT IN CONJUNCTION WITH ACTIVITIES MADE TO A DWELLING UNIT IN WHICH THERE ARE FOUR OR MORE DWELLING UNITS THAT ARE RENTED OR LEASED, THEN ELIGIBILITY FOR THE TAX CREDIT SHALL BE LIMITED TO SUCH DWELLING UNITS IN WHICH THE HOUSEHOLD INCOME OF THE OCCUPANTS IN EACH DWELLING UNIT DID NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC 1437C(B)(2). (5) MULTIPLE TAXPAYERS. IF THE DWELLING UNIT IS OWNED BY TWO OR MORE TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR EACH SUCH ELIGIBLE TAXPAYER SHALL BE PRORATED ACCORDING TO THE PERCENT- AGE OF THE TOTAL EXPENDITURE FOR ELIGIBLE ACTIVITIES INCURRED BY EACH TAXPAYER AND SHALL NOT EXCEED FIVE THOUSAND DOLLARS. (6) EXPENSES TO BE PAID BY TAXPAYER. THE AMOUNT OF ANY CREDIT ALLOWED UNDER THIS SUBDIVISION SHALL BE RESTRICTED TO EXPENSES ACTUALLY INCURRED AND SHALL NOT INCLUDE ANY COST TO THE EXTENT SUCH COST IS FUNDED BY ANY GRANT, CONTRACT, OR OTHERWISE BY ANOTHER PERSON OR BY ANY GOVERNMENTAL ENTITY, INCLUDING A LOAN FROM MONEYS IN THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND. (7) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. (8) DUPLICATE CREDIT PROHIBITED. NO COST SHALL BE ELIGIBLE FOR A CRED- IT UNDER THIS SUBDIVISION IF THE TAXPAYER IS ENTITLED TO CLAIM A CREDIT IN THE SAME AMOUNT UNDER EITHER THE FEDERAL TAX CODE OR OTHER PROVISIONS OF THIS CHAPTER.
(9) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO CREDIT SHALL BE ALLOWED UNDER THIS SUBDIVISION UNLESS THE TAXPAYER PROVIDES TO THE COMMISSIONER: (A) A CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES OF A TAX CREDIT PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW; AND (B) ANY OTHER DOCUMENTS THE DEPARTMENT DEEMS NECESSARY TO DETERMINE ELIGIBILITY FOR THE TAX CREDIT PURSUANT TO THIS SUBDIVISION. (10) PROMULGATION OF REGULATIONS. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE SECRETARY OF STATE AND THE COMMIS- SIONER OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION. (11) MAXIMUM AGGREGATE. PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY- NINE OF THE PUBLIC HEALTH LAW, THE MAXIMUM AMOUNT OF CREDIT ALLOWED, IN THE AGGREGATE, FOR ALL TAX CREDITS SHALL NOT EXCEED FIFTEEN MILLION DOLLARS AND FUNDING FOR SUCH TAX CREDITS IS SUBJECT TO APPROPRIATION. S 11. The state finance law is amended by adding a new section 99-t to read as follows: S 99-T. CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS- SIONER OF HEALTH AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND. SUCH FUND SHALL CONSIST OF THE LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN ACCOUNT AND THE PRIMARY PREVENTION AND SAFE HOUSING ACCOUNT. 2. THE LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN ACCOUNT SHALL CONSIST OF MONEYS APPROPRIATED TO IT AS WELL AS ANY MONEYS FROM GRANTS, GIFTS, DONATIONS, BEQUESTS AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW, WHICH ARE INTENDED TO ASSIST OWNERS OF RESIDENTIAL PROPERTIES IN MEETING THE STAN- DARDS FOR "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" CERTIFICATION PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW. 3. (A) THE COMMISSIONER OF HEALTH SHALL PROMULGATE RULES AND REGU- LATIONS WHICH PROVIDE FOR THE ORDERLY AND EQUITABLE DISBURSEMENT AND REPAYMENT OF FUNDS OF THE LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN ACCOUNT. (B) FOLLOWING APPROPRIATION BY THE LEGISLATURE, FUNDS PLACED IN THE LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN ACCOUNT SHALL BE MADE AVAILABLE, UPON APPLICATION DULY MADE, PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH, TO THE OWNERS OF RESIDENTIAL PROPERTIES, AND TO NON-PROFIT ORGANIZATIONS FOR THE PURPOSE OF BRINGING RESIDENTIAL PROPERTIES INTO COMPLIANCE WITH THE STANDARDS FOR "ABATED" AND "INTERIM CONTROLS IMPLEMENTED" CERTIFICATION STATUS IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW. (C) LOANS MADE AVAILABLE UNDER THE PROVISIONS OF THIS SECTION MAY BE MADE DIRECTLY, OR IN COOPERATION WITH OTHER PUBLIC AND PRIVATE LENDERS, OR ANY AGENCY, DEPARTMENT, OR BUREAU OF THE FEDERAL GOVERNMENT OR THE STATE. (D) THE PROCEEDS FROM THE REPAYMENT OF ANY LOANS MADE PURSUANT TO THIS SECTION OR FROM FUNDS IN THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLV- ING LOAN ACCOUNT SHALL BE DEPOSITED IN AND RETURNED TO THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN ACCOUNT TO CONSTITUTE A CONTINU- ING REVOLVING FUND FOR THE PURPOSES PROVIDED IN THIS SECTION. (E) THE COMMISSIONER OF HEALTH MAY REQUEST AND SHALL BE PROVIDED WITH SUCH COOPERATION, ASSISTANCE AND SERVICES FROM ANY AGENCY, DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF THE STATE HAVING JURISDIC-
TION OVER MATTERS RELATED TO THE PROVISIONS OF THIS SUBDIVISION, AS DEEMED REASONABLY NECESSARY. THE COMMISSIONER OF HEALTH IN CONJUNCTION WITH THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL TAKE ANY ACTION NECESSARY TO OBTAIN FEDERAL ASSISTANCE FOR LEAD HAZARD REDUCTION TO BE USED IN CONJUNCTION WITH THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN ACCOUNT. (F) UNLESS OTHERWISE STATED, MONEYS DEPOSITED INTO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND SHALL BE CREDITED TO THE PRIMARY PREVENTION AND SAFE HOUSING ACCOUNT. 4. THE PRIMARY PREVENTION AND SAFE HOUSING ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO SECTIONS THIRTEEN HUNDRED SEVENTY-EIGHT AND THIRTEEN HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW AS WELL AS ANY MONEYS FROM GRANTS, GIFTS, DONATIONS, BEQUESTS AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS IN THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE USED FOR ACTIVITIES AND EXPENSES OF THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF STATE OR THE DEPARTMENT OF TAXATION AND FINANCE UNDERTAKEN PURSUANT TO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING ACT. 5. MONEYS IN THE FUND AND IN EACH OF THE ACCOUNTS SHALL BE KEPT SEPA- RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER. 6. MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF HEALTH. AT THE END OF EACH YEAR ANY MONEYS REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT OR OTHERWISE BE TRANSFERRED TO THE GENERAL FUND OR TO ANY OTHER SPECIAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND. S 12. The public health law is amended by adding a new section 1379 to read as follows: S 1379. CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES OF A TAX CREDIT. 1. UPON APPLICATION OF A TAXPAYER, THE DEPARTMENT IS AUTHORIZED TO ISSUE A CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES OF A TAX CREDIT PURSUANT TO SUBDIVISION FORTY-THREE OF SECTION TWO HUNDRED TEN AND SUBSECTION (SS) OF SECTION SIX HUNDRED SIX OF THE TAX LAW EQUAL TO FIFTY PERCENT OF THE COST OF THE QUALIFIED ACTIVITIES COMPLETED WHICH BROUGHT ANY HABITABLE DWELLING UNIT LOCATED IN THIS STATE INTO COMPLIANCE WITH THE STANDARDS FOR EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" CERTIFICATION STATUS, PROVIDED THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION. A. SUCH DWELLING UNIT MUST BE CERTIFIED AS EITHER "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" IN ORDER FOR ANY CERTIFICATE TO BE ISSUED UNDER THIS SECTION. A DWELLING UNIT MAY BE CERTIFIED "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" IF LEAD-BASED PAINT HAZARDS OR CONDITIONS CONDU- CIVE TO LEAD POISONING HAVE BEEN ELIMINATED OR CONTROLLED AS FOLLOWS: (I) LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS HAVE BEEN PERMANENTLY ELIMINATED USING MEASURES WHICH MAY INCLUDE THE REMOVAL OF LEAD-BASED PAINT, THE PERMANENT ENCLOSURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF COMPONENTS OR FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR PERMANENT COVERING OF SOIL-BASED HAZARDS. FOR CERTIF- ICATION PURPOSES, THE LEAD STATUS OF SUCH DWELLING UNITS SHALL BE CERTI- FIED AS "ABATED." (II) ALL CHIPPING, PEELING, OR FLAKING LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT ON PAINTED SURFACES HAS BEEN REMOVED AND REPAINTED,
OR STABILIZED AND REPAINTED, AND ANY STRUCTURAL DEFECT THAT IS CAUSING OR LIKELY TO CAUSE LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT TO CHIP, PEEL, OR FLAKE HAS BEEN REPAIRED; AND ALL WINDOW FRICTION SURFACES WITH LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT HAVE HAD SUCH PAINT REMOVED OR PERMANENTLY COVERED, SUCH AS VIA THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES, AND INTERIOR WINDOW TROUGHS AND WINDOWSILLS HAVE BEEN EITHER STRIPPED AND REPAINTED, REPLACED, OR ENCAP- SULATED WITH VINYL, METAL, OR ANY OTHER DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE; AND ALL DOORS AND DOORWAYS HAVE BEEN ADJUSTED OR RE-HUNG AS NECESSARY TO PREVENT THE RUBBING TOGETHER OF ANY SURFACE WITH LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT WITH ANOTHER SURFACE; AND ALL BARE FLOORS HAVE BEEN MADE SMOOTH AND CLEANA- BLE. FOR CERTIFICATION PURPOSES, THE LEAD STATUS OF SUCH DWELLING UNITS SHALL BE CERTIFIED AS "INTERIM CONTROLS IMPLEMENTED." (III) FOR THE AREA WITHIN THREE FEET SURROUNDING THE PERIMETER OF A BUILDING, NO BARE SOIL IS PRESENT. FOR CERTIFICATION PURPOSES, THE LEAD STATUS OF SUCH DWELLING UNITS SHALL BE CERTIFIED AS "INTERIM CONTROLS IMPLEMENTED." (IV) FOR SOIL LEAD HAZARDS, THE REMOVAL OR PERMANENT COVERING OF SUCH HAZARDS. FOR CERTIFICATION PURPOSES, THE LEAD STATUS OF SUCH DWELLING UNITS SHALL BE CERTIFIED AS "ABATED." (V) ALL WORK HAS BEEN COMPLETED IN ACCORDANCE WITH THE SAFE WORK PRAC- TICE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION; AND AT THE COMPLETION OF ANY ACTIVITIES DESCRIBED IN THIS SUBDIVISION THAT DISTURB LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT, EXCEPT IF THOSE ACTIVITIES WOULD BE CONSIDERED SMALL JOBS PURSUANT TO CLAUSE TEN OF SUBPARAGRAPH (VII) OF THIS PARAGRAPH, THE INTERIOR OF THE AFFECTED AREAS OF THE DWELLING UNIT HAS BEEN HEPA VACUUMED AND WASHED WITH HIGH PHOSP- HATE DETERGENT OR ITS EQUIVALENT; AND CLEARANCE FOR DUST LEAD HAZARDS HAS BEEN ACHIEVED AS DETERMINED BY A CLEARANCE EXAMINATION THAT INCLUDES WIPE SAMPLES. (VI) ALL CLEARANCE EXAMINATIONS SHALL BE PERFORMED BY PERSONS OR ENTI- TIES INDEPENDENT OF THOSE PERFORMING HAZARD REDUCTION OR MAINTENANCE ACTIVITIES. (VII) ALL ACTIVITIES UNDERTAKEN PURSUANT TO THIS SECTION BY AN OWNER OR THE OWNER'S AGENTS OR CONTRACTORS THAT DISTURBS LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD CONTENT SHALL BE PERFORMED IN ACCORDANCE WITH SAFE WORK REGULATIONS PROMULGATED THAT THE DEPARTMENT IS HEREBY AUTHOR- IZED AND DIRECTED TO PROMULGATE. SUCH REGULATIONS SHALL PROVIDE FOR BUT NOT BE LIMITED TO: (1) PRE-RENOVATION NOTIFICATION TO TENANTS, OWNERS AND OTHER PERSONS; (2) TRAINING REQUIREMENTS, WHICH SHALL REQUIRE THAT SUCH WORK BE PERFORMED BY PERSONS WHO HAVE, AT A MINIMUM, SUCCESSFULLY COMPLETED A COURSE ON LEAD-SAFE WORK PRACTICES GIVEN BY OR ON BEHALF OF THE DEPART- MENT, OR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR AN ENTITY AUTHORIZED BY IT TO GIVE SUCH COURSE, OR BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR AN ENTITY AUTHORIZED BY IT TO GIVE SUCH COURSE; (3) PRECAUTIONS TO PREVENT ENTRY INTO THE WORK AREA BY OCCUPANTS UNTIL CLEAN-UP IS COMPLETED AND OTHER WORKSITE PREPARATIONS; (4) TEMPORARY RELOCATION FOR THE OCCUPANTS OF A DWELLING UNIT TO APPROPRIATE HOUSING WHEN WORK CANNOT BE PERFORMED SAFELY AND OTHER OCCU- PANT PROTECTIONS; (5) PRECAUTIONS TO PREVENT THE DISPERSION OF LEAD DUST AND DEBRIS DURING THE WORK;
(6) PROHIBITED PRACTICES OF LEAD PAINT REMOVAL, INCLUDING DRY SCRAPING AND SANDING, USE OF POWER TOOLS WITHOUT PROPER ENVIRONMENTAL CONTROLS, THE USE OF TOXIC SUBSTANCES AND OTHER SAFE WORK PRACTICES; (7) PROPER DAILY AND FINAL CLEAN-UP REQUIREMENTS; (8) DUST WIPE TESTING AND OTHER CLEARANCE ACTIVITIES; (9) PRE-RENOVATION NOTIFICATION OF LOCAL MUNICIPAL CODE ENFORCEMENT AGENCIES OR HEALTH DEPARTMENTS, WHERE APPROPRIATE; AND (10) EXCEPTIONS FOR SMALL JOBS THAT INVOLVE DISTURBING LESS THAN TWO SQUARE FEET OF LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD CONTENT OR LESS THAN TEN PERCENT OF THE TOTAL SURFACE AREA OF PEELING PAINT ON A TYPE OF COMPONENT WITH A SMALL SURFACE AREA, SUCH AS A WINDOWSILL OR DOOR FRAME. B. A CERTIFICATE MAY BE ISSUED FOR THE FOLLOWING QUALIFIED ACTIVITIES PROVIDED THE EXPECTED USEFUL LIFE OF SUCH ACTIVITIES IS TEN YEARS OR MORE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE DEPARTMENT OF TAXATION AND FINANCE IN CONSULTATION WITH THE DEPARTMENT OF STATE, THE DEPARTMENT AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION: (I) ANY SET OF MEASURES WHICH WOULD RESULT IN THE PERMANENT ELIMI- NATION OF LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS, INCLUDING THE REMOVAL OF LEAD-BASED PAINT, THE PERMANENT ENCLOSURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF COMPONENTS OR FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR PERMANENT COVERING OF SOIL-BASED HAZARDS; (II) THE REPLACEMENT OF ANY SURFACES, WINDOWS, OR FIXTURES PAINTED WITH LEAD-BASED PAINT; (III) THE ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT; AND (IV) THE REMOVAL OR ENCAPSULATION OR ENCLOSURE OF LEAD-BASED PAINT, OR PAINT OF UNKNOWN LEAD CONTENT, FROM FRICTION SURFACES, SUCH AS THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES, THE STRIPPING AND REPAINTING OF INTERIOR WINDOW TROUGHS AND WINDOWSILLS OR THEIR REPLACE- MENT OR ENCAPSULATION WITH VINYL, METAL, OR ANY OTHER DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE, OR THE STRIPPING AND RE-HANGING OF DOORS. 2. NO CERTIFICATE SHALL BE ISSUED UNLESS THE TAXPAYER PROVIDES TO THE COMMISSIONER: (A) DOCUMENTATION THAT THE DWELLING UNIT WAS CONSTRUCTED PRIOR TO NINETEEN HUNDRED SEVENTY-EIGHT, THE ADDRESS OF THE DWELLING UNIT, PROOF OF OWNERSHIP OF OR RESIDENCY IN SUCH DWELLING UNIT; AND (B) DOCUMENTATION THAT THE TAXPAYER HAS INCURRED THE EXPENSES SUBMIT- TED FOR CREDIT FOR THE QUALIFIED ACTIVITIES; AND (C) DOCUMENTATION THAT THE DWELLING UNIT FOR WHICH THE TAXPAYER IS APPLYING FOR A CERTIFICATE MEETS THE STANDARDS FOR "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" LEAD CERTIFICATION; AND (D) DOCUMENTATION THAT THE DWELLING UNIT DID NOT OR WOULD NOT HAVE BEEN LIKELY TO MEET THE STANDARDS FOR "ABATED" OR "INTERIM CONTROLS IMPLEMENTED" LEAD CERTIFICATION STATUS PRIOR TO UNDERTAKING THE QUALI- FIED ACTIVITIES, SUCH DOCUMENTATION MAY INCLUDE BUT NOT BE LIMITED TO A VERIFIED REPORT OF AN INSPECTION FOR CONDITIONS CONDUCIVE TO LEAD POISONING OR LEAD-BASED PAINT HAZARDS; AND (E) IN THE CASE OF A DWELLING UNIT THAT IS RENTED OR LEASED, THAT AT NO TIME DURING THE TAX YEAR IN WHICH THE QUALIFIED ACTIVITIES WERE COMPLETED DID THE CONTRACT RENT FOR THE UNIT, INCLUDING ANY RENT SUBSIDY OR SHELTER ALLOWANCE THAT HAS BEEN PAID TO THE OWNER ON BEHALF OF THE TENANT, EXCEED ONE HUNDRED PERCENT OF THE APPLICABLE AREA FAIR MARKET
RENT PUBLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 8 (C)(1) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, OR, IN THE CASE OF AN OWNER-OCCUPIED DWELLING UNIT, THAT THE HOUSEHOLD INCOME OF THE OCCUPANTS DID NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, 42 USC 1437C(B)(2); AND (F) IN THE CASE OF A DWELLING UNIT IN WHICH THERE ARE FOUR OR MORE DWELLING UNITS THAT ARE RENTED OR LEASED, THAT THE HOUSEHOLD INCOME OF THE OCCUPANTS DID NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN FAMILY INCOME ESTABLISHED ANNUALLY BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO SECTION 3(B)(2) OF THE UNITED STATES HOUS- ING ACT OF 1937, AS AMENDED, 42 USC 1437C(B)(2); AND (G) DOCUMENTATION THAT THE DWELLING UNIT IS HABITABLE AT THE TIME THE APPLICATION FOR THE CERTIFICATE IS FILED WITH THE DEPARTMENT; AND (H) ANY OTHER DOCUMENTS THE DEPARTMENT DEEMS NECESSARY TO DETERMINE ELIGIBILITY FOR THE CERTIFICATE PURSUANT TO THIS SECTION. 3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE, THE SECRETARY OF STATE AND THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. 4. A CERTIFICATE SHALL BE ISSUED WITHIN FORTY-FIVE DAYS AFTER WRITTEN APPLICATION THEREFOR IF A DWELLING UNIT SHALL BE ENTITLED THERETO. 5. THE DEPARTMENT IS AUTHORIZED TO REFUSE, REVOKE OR CANCEL ANY CERTIFICATE IN CASE OF ANY FAILURE TO COMPLY WITH ANY OF THE ELIGIBILITY REQUIREMENTS, OR IN CASE ANY FALSE ALLEGATION OR REPRESENTATION IS MADE IN ANY APPLICATIONS FILED FOR SUCH CERTIFICATE. THE DEPARTMENT MAY ISSUE ONE CERTIFICATE THAT IS APPLICABLE TO MORE THAN ONE DWELLING UNIT WITHIN A DWELLING PROVIDED EACH UNIT FOR WHICH THE CERTIFICATE IS ISSUED WOULD OTHERWISE BE ENTITLED TO A CERTIFICATE AND PROVIDED FURTHER THAT SUCH CERTIFICATE CLEARLY STATES TO WHICH DWELLING UNITS SUCH CERTIFICATE APPLIES. 6. THE DEPARTMENT IS AUTHORIZED TO SET AND COLLECT NOMINAL FEES FOR APPLICATIONS FILED AND FOR CERTIFICATES ISSUED. THE FEES SHALL BE DEPOSITED INTO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW. 7. EACH CERTIFICATE SHALL STATE THE LEAD STATUS OF THE INTERIOR, EXTE- RIOR AND EXTERIOR SOIL OF THE DWELLING UNIT. EACH CERTIFICATE ALSO SHALL STATE THE MAXIMUM AMOUNT OF CREDIT ALLOWABLE FOR EACH DWELLING UNIT FOR WHICH IT IS ISSUED, IN ACCORDANCE WITH THIS SECTION AND SUBSECTION (SS) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. EACH CERTIF- ICATE SHALL ALSO STATE, AT A MINIMUM, THE NAME, ADDRESS AND TAXPAYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER OF THE TAXPAYER, THE ADDRESS OF THE DWELLING UNIT, THE DATE OF ISSUANCE, THE TAX YEAR IN WHICH THE CREDIT MAY APPLY AND THE SIGNATURE OF THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE. 8. CERTIFICATES SHALL NOT BE ISSUED, IN THE AGGREGATE, FOR MORE THAN TEN MILLION DOLLARS OF ALLOWABLE TAX CREDIT PER STATE FISCAL YEAR FOR THE FIRST STATE YEAR AND FOR MORE THAN FIVE MILLION DOLLARS OF ALLOWABLE TAX CREDIT PER STATE FISCAL YEAR FOR THE SECOND SUCH FISCAL YEAR. PROVIDED, HOWEVER, THAT IF, AS OF THE END OF THE STATE FISCAL YEAR, CERTIFICATES FOR ALLOWABLE TAX CREDIT AMOUNTS TOTALING LESS THAN THE AMOUNT PERMITTED IN SUCH FISCAL YEAR HAVE BEEN ISSUED, THEN THE AMOUNT PERMITTED FOR THE SUBSEQUENT STATE FISCAL YEAR SHALL BE AUGMENTED BY THE
AMOUNT OF SUCH SHORTFALL AND PROVIDED FURTHER THAT FUNDING FOR TAX CRED- ITS PURSUANT TO THE CHILDHOOD LEAD POISONING PRIMARY PREVENTION AND SAFE HOUSING ACT IS SUBJECT TO APPROPRIATION. 9. WHENEVER THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF LEAD HAZARD REDUCTION ACTIVITIES FOR PURPOSES OF A TAX CREDIT THE DEPARTMENT SHALL NOTIFY THE DEPARTMENT OF TAXATION AND FINANCE AND SHALL COOPERATE WITH THE DEPARTMENT OF TAXATION AND FINANCE TO CARRY OUT THE PROVISIONS OF SUBSECTION (SS) OF SECTION SIX HUNDRED SIX OF THE TAX LAW AND THE PROVISIONS OF THIS SECTION. 10. THIS CERTIFICATE IS FOR TAX PURPOSES ONLY AND SHALL NOT BE VALID FOR ANY OTHER PURPOSE OR REASON. S 13. The department of health may request and shall be provided with such cooperation, assistance and services from any agency, department, division, board, commission, authority or public officer of the state and its political subdivisions as may be necessary to carry out the provisions of this act, and with such cooperation, assistance or services, any rules or regulations necessary for the timely implementa- tion of the provisions of this act shall be promulgated immediately. S 14. This act shall take effect immediately; provided, however, that section seven of this act shall take effect on the first of April next succeeding the date on which it shall have become a law; and provided further that sections eight, nine and ten of this act shall take effect January 1, 2013 and shall expire and be deemed repealed after December 31, 2015; and provided further that section twelve of this act shall take effect January 1, 2013 and shall be deemed repealed after March 31, 2015.

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