When 5,000 New York children suffer injuries resulting in permanent, substantial IQ loss each year, that's an epidemic. These kids will lose seven IQ points, need additional medical care, be more likely to have attention and behavior problems and require special education services. As adults, they'll earn less and be more likely to get entangled in the criminal justice system.

Because these 5,000 children-injured by lead from chipping and degraded paint in older housing-are almost all poor and disproportionately African-American, this public health epidemic hasn't gotten the attention or resources it deserves.

New York's laws are based upon a 19th-century approach: using children as lead detectors, like miners' canaries, waiting until after they've been severely poisoned to act.

New York must move into the 21st century and focus on preventing lead poisoning at the source: the state's aging housing stock.
While lead in paint was banned in the 1970s, lead's toxic legacy persists in New York's older housing. New York has the greatest number (3.3 million) and highest percentage (43 percent) of pre-1950 housing of any state in the nation-the housing most likely to contain lead paint. Hundreds of pounds of pure lead line the walls, ceilings and exteriors of many of these buildings. This is a particular problem in the upstate cities, from Yonkers to Buffalo-half of all new lead poisonings are outside New York City.

Since 1970, when it banned the sale of lead paint, the Legislature has taken up the issue of childhood lead poisoning just once in 1992, requiring "universal" blood lead screening of all young children. Intervention to identify the source of the lead causing the poisoning takes place only after a blood test confirms a very high level of lead in the child's system.

A case from Albany illustrates the insanity of this approach. Mary B.'s 17-month-old daughter's blood test showed 11 micrograms of lead per deciliter of blood-just over what New York considers the level for lead poisoning in a child, the Federal Centers for Disease Control's "action level" of 10 micrograms. Nevertheless, Mary had to wait until a test showed 22 micrograms before Albany County could intervene. Since lead integrates quickly into a young child's developing brain, medical treatments, such as chelation, are not effective and cannot reverse damage. That's why prevention is critically important.

Other states and New York City and Rochester are doing more. It's long past time for New York State to follow suit.

Legislation-at least seven years in the making-has passed the Assembly and Senate and will soon go to the Governor.

The "Childhood Lead Poisoning Primary Prevention and Safe Housing Act" [A.6933-C/S.6350-B], sponsored by Assembly Member David Gantt and State Senator Joe Robach, would target New York's lead in housing problem by:

• strengthening lead screening and reporting requirements

• lowering the blood-lead threshold that triggers health department intervention

• establishing a worker training program so the state could be eligible for the first time for millions of dollars in federal grants

• requiring the state and localities to design and implement lead hazard elimination plans in communities with the greatest number of child poisonings

• ramping up education and outreach activities in high-risk communities

• providing property owners with modest tax credits and low-cost loans to remove lead hazards from housing
Despite broad support, it's far from certain that Governor Paterson will approve this paradigm-shifting bill. The Governor recently has vetoed legislation with fiscal impacts, imposed two rounds of agency budget cuts and directed agencies to submit "zero growth" budgets for the next fiscal year.

This legislation is carefully targeted at the problem. A high estimate is that for its first year, 2010 program costs will be about $15 million, with an additional $10 million maximum in tax credits. In 2011, the program costs will drop to about $11 million, with an additional $5 million maximum for tax credits.

Against these costs, the governor must weigh the substantial and long-term avoided medical, special education, social services and criminal justice costs. He must also consider that lead poisoning not only results in learning disabilities and robs IQ, but reduces earning potential, impacting New York's work force.

An investment in our children and our upstate cities will pay dividends many fold.

But this is about more than just diminished test scores and earnings. It's about giving some of the most disadvantaged children in the state a fair shot at realizing their full potential.

Governor Paterson, it's time to get the lead out and make lead history.

Russ Haven is legislative counsel for the New York Public Interest Research Group (NYPIRG).