New York City Council Header
File #: Int 0420-2018    Version: Name: Lead Package - Soil lead hazards in parks and other publicly accessible areas.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Environmental Protection
On agenda: 2/14/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to soil lead hazards in parks and other publicly accessible areas
Sponsors: Costa G. Constantinides, Robert F. Holden, Laurie A. Cumbo, Ben Kallos, Helen K. Rosenthal, Antonio Reynoso, Robert E. Cornegy, Jr., Donovan J. Richards, Stephen T. Levin
Council Member Sponsors: 9
Summary: This bill would require the Department of Parks and Recreation (DPR), in conjunction with the Department of Health and Mental Hygiene (DOHMH), to test for lead in the soil of public parks, community gardens, and privately owned public spaces accessible to children, and post testing results on its website. If elevated lead levels are identified in soil, DPR would be required to notify DOHMH, and to replace or otherwise remediate the lead-contaminated soil.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 420-A, 2. Summary of Int. No. 420, 3. Int. No. 420, 4. February 14, 2018 - Stated Meeting Agenda, 5. Committee Report 9/27/18, 6. Hearing Testimony 9/27/18, 7. Hearing Testimony 9/27/18 (Con't), 8. Hearing Transcript 9/27/18, 9. Proposed Int. No. 420-A - 6/27/19
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/27/2018*Costa G. Constantinides Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Health Amendment Proposed by Comm  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Health Hearing Held by Committee  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Environmental Protection Amendment Proposed by Comm  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Environmental Protection Hearing Held by Committee  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Health Laid Over by Committee  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Environmental Protection Laid Over by Committee  Action details Meeting details Not available
9/27/2018*Costa G. Constantinides Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
2/14/2018*Costa G. Constantinides City Council Referred to Comm by Council  Action details Meeting details Not available
2/14/2018*Costa G. Constantinides City Council Introduced by Council  Action details Meeting details Not available

Proposed Int. No. 420-A

 

By Council Members Constantinides, Holden, Cumbo, Kallos, Rosenthal, Reynoso, Cornegy, Richards and Levin

 

A Local Law to amend the administrative code of the city of New York, in relation to soil lead hazards in parks and other publicly accessible areas

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 1 of title 18 of the administrative code of the city of New York is amended by adding a new section 18-156 to read as follows:

§ 18-156 Soil lead testing. a. For the purposes of this section, the term “covered soil area” means an area that is (i) partially or wholly covered in bare soil and (ii) accessible to children.

b. Lead levels in covered soil areas at parks, playgrounds or other facilities under the jurisdiction of the commissioner shall have lead levels below a soil lead action level established by rule of the department of health and mental hygiene.

c. In each park, playground and other facility under the jurisdiction of the commissioner, the department, in conjunction with the department of health and mental hygiene, shall (i) at least once in each year cause a lead test to be conducted, in a manner established by rule of the department of health and mental hygiene, on a sample of soil from each covered area on the premises of such facility and (ii) make publicly available online a copy of the results of such test.

d. If a test that is required by law or rule, or an order issued by a court or a federal, state or local agency of appropriate jurisdiction, indicates that a covered soil area on the premises of a park, playground or other facility under the jurisdiction of the commissioner has a lead level at or above the soil lead reference level established under subdivision b of this section, the department shall:

1. Notify the department of health and mental hygiene in a time and manner established by such department; and

2. Cover, replace or otherwise remediate such soil area in a manner established by rule of such department.

e. The department of health and mental hygiene may reduce the frequency of sampling required under subdivision c of this section from once in each year to once in every three years upon submission of an application, in a form established by such department, showing that for each of the immediately preceding three years, the results of sampling in accordance with such paragraph have indicated that lead levels in such samples were below the soil lead reference levels established under subdivision b of this section.

f. The department shall, in conjunction with the department of health and mental hygiene, establish a system for determining lead levels and remediating lead hazards at covered soil areas (i) in privately owned public spaces as such term is defined in section 25-114 of the code, (ii) community gardens and (iii) any other publicly accessible covered soil areas that are not subject to lead inspection or remediation requirements by other law.

§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of parks and recreation and the commissioner of health and mental hygiene may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such effective date.

 

 

Adw/ZH

LS #11111/Int. 1760-2017
LS 147

05/8/18 3:49PM