N.Y. Public Health Law § 1370-b: Advisory council on lead poisoning prevention

§ 1370-b. Advisory council on lead poisoning prevention. 1. The New

York state advisory council on lead poisoning prevention is hereby

established in the department, to consist of the following, or their

designees: the commissioner; the commissioner of labor; the commissioner

of environmental conservation; the commissioner of housing and community

renewal; the commissioner of children and family services; the

commissioner of temporary and disability assistance; the secretary of

state; and fifteen public members appointed by the governor. The public

members shall have a demonstrated expertise or interest in lead

poisoning prevention and at least one public member shall be

representative of each of the following: local government; community

groups; labor unions; real estate; industry; parents; educators; local

housing authorities; child health advocates; environmental groups;

professional medical organizations and hospitals. The public members of

the council shall have fixed terms of three years; except that five of

the initial appointments shall be for two years and five shall be for

one year. The council shall be chaired by the commissioner or his or her

designee.

2. Members of the advisory council shall serve without compensation

for their services, except that each of them may be allowed necessary

and actual expenses which he or she shall incur in the performance of

his or her duties under this article.

3. A majority of the appointed voting membership of the council shall

constitute a quorum.

4. The council shall meet as often as may be deemed necessary to

fulfill its responsibilities. The council shall have the following

powers and duties:

(a) To develop a comprehensive statewide plan to prevent lead

poisoning and to minimize the risk of human exposure to lead;

(b) To coordinate the activities of its member agencies with respect

to environmental lead policy and the statewide plan;

(c) To recommend the adoption of policies with regard to the detection

and elimination of lead hazards in the environment;

(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 December first of each year to the governor

and the legislature concerning the previous year's development and

implementation of the statewide plan and operation of the program,

together with recommendations it deems necessary and the most currently

available lead surveillance measures, including the actual number and

estimated percentage of children tested for lead in accordance with New

York state regulations, including age-specific testing requirements, and

the actual number and estimated percentage of children identified with

elevated blood lead levels. Such report shall be made available on the

department's website.