(d) To recommend the adoption of policies with regard to the identification and management of children with elevated lead levels; (e) To recommend the adoption of policies with regard to education and outreach strategies related to lead exposure, detection, and risk reduction; (f) To comment on regulations of the department under this title when the council deems appropriate; (g) To make recommendations to ensure the qualifications of persons performing inspection and abatement of lead through a system of licensure and certification or otherwise; (h) To recommend strategies for funding the lead poisoning prevention program, including but not limited to ways to enhance the funding of screening through insurance coverage and other means, and ways to financially assist property owners in abating environmental lead, such as tax credits, loan funds, and other approaches; and (i) To report on or before January first of each year to the governor and the legislature concerning the development and implementation of the statewide plan and operation of the program, together with recommendations it deems necessary. § 1370-c. Screening by health care providers. 1. The department is authorized to promulgate regulations establishing the means by which and the intervals at which children and pregnant women shall be screened for elevated lead levels. The department is also authorized to require screening for lead poisoning in other high risk groups. 2. Every physician or other authorized practitioner who provides medical care to children or pregnant women, shall screen children or refer them for screening for elevated lead levels at the intervals and using the methods specified in such regulations. Every licensed, registered or approved health care facility serving children including but not limited to hospitals, clinics and health maintenance organizations, shall ensure, by providing screenings or by referring for screenings, that their patients receive screening for lead at the intervals and using the methods specified in such regulations. 3. The health practitioner who screens any child for lead shall give a certificate of screening to the parent or guardian of the child. 4. The department shall establish a separate level of payment, subject to the approval of the director of the budget, for payments made by governmental agencies for screenings performed pursuant to this section by hospitals, as defined in section twenty-eight hundred one of this chapter. § 1370-d. Lead screening of child care or pre-school enrollees. 1. Except as provided pursuant to regulations of the department, each child care provider, public and private nursery school and pre-school licensed, certified or approved by any state or local agency shall, prior to or within three months after initial enrollment of a child under six years of age, obtain from a parent or guardian of the child evidence that said child has been screened for lead. 2. Whenever there exists no evidence of lead screening as provided for in subdivision one of this section or other acceptable evidence of the child's screening for lead, the child care provider, principal, teacher, owner or person in charge of the nursery school or pre-school shall provide the parent or guardian of the child with information on lead poisoning in children and lead poisoning prevention and refer the parent or guardian to a primary care provider or the local health authority. 3. (a) If any parent or guardian to such child is unable to obtain lead testing, such person may present such child to the health officer of the county in which the child resides, who shall then perform or arrange for the required screening. (b) The local public health district shall develop and implement a fee schedule for households with incomes in excess of two hundred percent of the federal poverty level for lead screening pursuant to section six hundred six of this chapter, which shall vary depending on patient household income. § 1370-e. Reporting lead exposure levels. 1. Every physician or authorized practitioner shall give notice of elevated lead levels as specified by the commissioner pursuant to regulation, to the health officer of the health district wherein the patient resides, except as otherwise provided. EXPLANATION-Matter in italics is new; matter in brackets [] is old law 2. The commissioner may, by regulation, provide that cases of elevated lead levels which occur (a) in health districts of less than fifty thousand population not having a full-time health officer, or (b) in state institutions shall be reported directly to the department or its district health officer. 3. Whenever an analysis of a clinical specimen for lead is performed by a laboratory, the director of such laboratory shall, within such period specified by the commissioner report the results and any related information in connection therewith to the local and state health of ficer to whom a physician or authorized practitioner is required to report such cases pursuant to this section. an 4. The person in charge of every hospital, clinic, or other similar public or private institution shall give notice of every child with elevated blood lead level coming under the care of the institution to the local or state health officer to whom a physician or authorized practitioner is required to report such cases pursuant to this section. 5. The notices required by this section shall be in a form and filed in such time period as shall be prescribed by the commissioner. 5. Section 1376 of the public health law, as added by chapter 338 of the laws of 1970, is amended to read as follows: [§ 1376. Application. The provisions of sections one thousand three hundred seventy-three to one thousand three hundred seventy-five inclusive shall not be applicable to dwellings in any political subdivision of this state upon its enactment of legislation and placing into effect a lead poisoning control program approved by the commissioner effective no later than June thirtieth, nineteen hundred seventy-one intended to detect conditions conducive to lead poisoning and to prevent and treat such disease. ] § 6. Subdivision 2 of section 1373 of the public health law, as amended by chapter 529 of the laws of 1976, is amended to read as follows: 2. Such notice and demand shall prescribe the method of discontinuance of a [paint] condition conducive to lead poisoning which may [be] include the removal of paint containing more than one-half of one per centum of metallic lead based on the total weight of the contained solids or dried film of the paint or other similar surface-coating material from surfaces specified by the commissioner or his representative under such safety conditions as may be indicated and the refinishing of such surfaces with a suitable finish which is not in violation of section one thousand three hundred seventy-two of this title or the covering of such surfaces with such material or the removal of lead contaminated soils or lead pipes supplying drinking water as may be deemed necessary to protect the life and health of occupants of the dwelling. $ 7. Subdivisions 1 and 3 of section 1375 of the public health law, as added by chapter 338 of the laws of 1970, are amended to read follows: as 1. [State district health officers] The commissioner's designee having jurisdiction, county and city commissioners of health and local housing code enforcement agencies designated by the [appropriate state district health officer] commissioner's designee having jurisdiction or county or city commissioner of health shall have the same authority, powers and duties within their respective jurisdictions as has the commissioner under the provisions of this title. 3. Nothing contained in this title shall be construed to alter or abridge any duties and powers now or hereafter existing in the commissioner, [state district health officers,] county boards of health, city and county commissioners of health, the New York City department of housing preservation and development [administration] and the department of health [services administration], local boards of health or other public agencies or public officials, or any private party. § 8. Sections 1371 and 1372 of the public health law, as amended by chapter 529 of the laws of 1976, are amended to read as follows: § 1371. Manufacture and sale of lead painted toys and furniture. No person shall manufacture, sell or hold for sale a children's toy or children's furniture having paint or other similar surface-coating material thereon containing more than [one-half] .06 of one per centum of metallic lead based on the total weight of the contained solids or dried paint film. $1372. Use of leaded paint. No person shall apply paint or other similar surface-coating material containing more than [one-half] .06 of one per centum of metallic lead based on the total weight of the con tained solids or dried paint film to any interior surface, window sill, window frame or porch of a dwelling. § 9. Section 1376-a of the public health law, as amended by chapter 775 of the laws of 1973, is amended to read as follows: § 1376-a. Sale of glazed ceramic tableware] consumer products containing lead or cadmium. 1. [The] In the absence of a federal standard for a specific type of product, the commissioner shall establish the maximum quantity of lead or cadmium (and the manner of testing therefor) which may be released from glazed ceramic tableware [within one hundred eighty days after the effective date of this act], crystal, china and other consumer products. Such maximum quantity shall be based on the best available scientific data and shall insure the safety of the public by reducing its exposure to lead and cadmium to the lowest practicable level. The commissioner may amend such maximum quantity (and the manner of testing therefor) where necessary or appropriate for the safety of the public. Until such maximum quantity of lead or cadmium established by the commissioner is effective, no glazed ceramic tableware shall be offered for sale which releases lead in excess of [seven] 7 parts per million, or cadmium in excess of .5 parts per million. 2. The commissioner is hereby empowered to order the recall of or confiscation of glazed ceramic tableware, crystal, china or other consumer products offered for sale which [does] do not meet the standards set forth [herein] in or pursuant to this section. § 10. Nothing herein shall be construed to restrict the power of any county, city, town or village to adopt and enforce local laws, ordinances or regulations which comply with at least the minimum applicable standards set forth in this act. § 11. This act shall take effect April 1, 1993, provided, however, that section 1370-b of the public health law, as added by section four of this act, shall take effect immediately. CHAPTER 486 AN ACT in relation to the creation of a Tug Hill reserve, to provide for the protection and beneficial use of productive forest, farm and recreation lands as working lands Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Declaration of findings and purpose. The legislature finds that the Tug Hill region, as defined by law, provides water, wildlife, forest, farm and recreational resources of nationwide, statewide and regional significance. Protection of these resources through coordinated, local action will provide the most enduring and cost-effective method of retaining the rural and remote character of this land, and of retaining the independent way of life of its people and their economy. The legislature further finds that resources particularly important to the character of Tug Hill include its major river corridors; its gorges (locally known as as "gulfs"); its core forest and headwaters area; aquifers; habitats of endangered, rare and threatened plant and animal species; habitat important to protected animal species, such as_deer winter yards; and state- and locally-designated historic sites. These resources are among those that should have highest priority for protection through local reserve plans and local land use controls. The legislature further finds that Tug Hill's national and statewide significance is related to its inclusion in the U. S. Forest Service's Northern Forest Lands area, and its proximity to the Adirondack Park and the Adirondack Champlain International Biosphere Reserve. Its regional and statewide significance is related to its natural values as well as the economic contribution of its pure waters, its timber, and its hunting, fishing and other recreational opportunities. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law The legislature further finds that, lying between Lake Ontario, the Black River and Oneida Lake, the region's approximately 2,000 square miles encompass towns and villages scattered in a vast acreage of forest and farm land. The core of the region encompasses more than 800 square miles of remote forest land and the headwaters of several major rivers, with much of the area inaccessible by public road. These resources are crucial to the region's natural environment, its economy, and its very way of life. These resources supply water for residents of the Tug Hill region, as well as communities outside the region. Its pure waters and vast forest lands are essential to thousands of jobs in forest, agricultural and other industries in and near the region. These resources also support opportunities for hunting, fishing, and recreation that are integral to the region's economy and way of life. The legislature further finds that the region's national and statewide significance is also related to its history of municipal cooperation, as evidenced by creation of formally incorporated intermunicipal agreements for resource protection that date back to 1974. This tradition is especially strong in the core of the region where towns have administered a multi-town resource management plan, similar rural development codes, and a cooperative zoning board of appeals since the mid-1970's, and now are joined in a council of governments of 19 towns and villages, which are preparing a local reserve plan. This track record demonstrates the capability of Tug Hill region towns and villages to work together for resource protection and appropriate economic development. The legislature further finds that retaining the rural character of the Tug Hill region will require the cooperation of individuals and public and private organizations, and close consultation between state agencies, boards, commissions, authorities and local governments. It is the purpose of this act to establish a system of protection for the Tug Hill region through programs administered by local councils of governments, and to ensure that in proposing development or in the review of proposed development the actions of governmental agencies boards, commissions and authorities are consistent with protection of the region. § 2. Definitions: 1. "Core forest area" shall mean areas which are a part of the large, contiguous, central portion of Tug Hill characterized by forest cover, few public roads, headwater areas of major rivers or streams, concentrations of wetlands, and identified for their significance in an inventory of special areas prepared by or for council of governments in the preparation of a local reserve plan and map. 2 "Council of governments" shall mean a group of representatives of Tug Hill municipalities working together under article 5-G of the general municipal law to administer a local reserve plan. 3. "Deer winter yards" shall mean those areas in the Tug Hill region identified by the New York state department of environmental conservation as mild winter and harsh winter deer wintering areas. 4. "Gulf" shall mean a gorge in the Tug Hill region identified for its scenic, geologic, habitat or recreational value in an inventory prepared by or for a council of governments in the preparation of a local reserve plan and map. 5. "Important habitat areas" shall mean Tug Hill region plant and animal sites identified by the New York Natural Heritage Program; and similar sites identified in an inventory prepared by or for a council of governments in the preparation of a local reserve plan and map. or 6. "Important headwaters and groundwater area" shall mean an area encompassing the headwaters and headwater wetlands of a major river stream, or an area overlying an aquifer or significant groundwater resource, as identified in an inventory of special areas prepared by or for a council of governments in the preparation of a local reserve plan and map. 7. "Important historic and scenic areas" shall mean a vista, scenic stretch of road, or historic site identified for its significance to the character of a community, as identified in an inventory of special areas prepared by or for a council of governments in the preparation of a local reserve plan and map. 8. "Large, contiguous forest area" shall mean an area of at least 500 acres of private forest land in the Tug Hill region identified for its significance in providing timber, habitat, hunting, fishing, or other recreational value in an inventory of special areas prepared by or for a council of governments in the preparation of a local reserve plan and map. 9. "Local reserve" shall mean an area of Tug Hill forest, farm and recreational land, and wildlife habitat, associated water resources, documented as having at least statewide significance in a plan administered by a council of governments and approved by all participating municipalities. 10. "Local reserve plan" shall mean a multi-town plan prepared by a council of governments, setting goals, compatible and incompatible land uses, criteria for designation of special areas, and development review procedures. The local reserve plan shall serve as a guide to member municipalities in the adoption of local plans, land use controls and programs to help meet the goals of a local reserve plan. A local reserve plan shall take effect upon approval of all participating municipali ties. 11. "Major river or stream corridors" shall mean a Tug Hill region river identified for its significant water supply, recreational, habitat or scenic value in an inventory of special areas prepared by or for a council of governments in the preparation of a local reserve plan and map. 12. "Special areas" shall mean those particular areas in a local reserve which are identified by municipalities as vital to protecting natural resources and character of the landscape. Tug Hill resources to be considered for special area designation in a local reserve plan include, but are not limited to, gulfs; important habitat areas; large, contiguous and core forest areas; major river and stream corridors; 1mportant headwater and groundwater areas; and historic and scenic areas. § 3. Council of governments. 1. A council of governments shall identify a local reserve within, or comprised of, its member municipalities. 2. The council shall assist member municipalities in the identification of special areas and in the review of development proposed in special areas, and review of development that could have reservewide impacts. 4. Local protection special area program. Special areas identified by municipalities may be protected through local land use codes adopted by individual municipalities, based on guidelines suggested by the council of governments. Special areas may be designated critical environmental areas by the municipality under provisions of the environmental conservation law. Participating municipalities shall take at least one of these two actions to designate a special area. a § 5. Consistent governmental actions. Actions of governmental agencies, boards, commissions, and authorities in proposing development or in the review of proposed development shall be consistent with maintaining the rural character of Tug Hill and the intent of this act. When governmental agency, board, commission or authority proposes development or reviews proposed development which directly affects locallydesignated Tug Hill special area resources, and which could change the basic nature of Tug Hill in a municipality that has adopted a local reserve plan, such agencies, boards, commissions and authorities, shall consult with the affected municipality or municipalities on consistency with the local reserve plan. § 6. This act shall take effect immediately. CHAPTER 487 AN ACT to amend the criminal procedure law, in relation to persons designated as peace officers Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 21 of section 2. 10 of the criminal procedure law is amended by adding a new paragraph e to read as follows: e. Uniformed court officers of the city of Mount Vernon. § 2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |