Bill Text: NY A03063 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to establishing a uniform metric for measuring noise impacts that will be used by airports for the purpose of noise exposure maps and noise compatibility programs.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A03063 Detail]

Download: New_York-2019-A03063-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3063
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced by M. of A. KIM -- read once and referred to the Committee on
          Health
        AN  ACT  to  amend  the  public health law, in relation to airport noise
          studies
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Article 13 of the public health law is amended by adding a
     2  new title 14 to read as follows:
     3                                  TITLE XIV
     4                            AIRPORT NOISE STUDIES
     5  Section 1389-hh. Legislative findings and purposes.
     6          1389-ii. Definitions.
     7          1389-jj. Airport noise studies.
     8    § 1389-hh. Legislative findings and purposes. 1. The legislature here-
     9  by finds, determines, and declares that noise pollution causes a variety
    10  of adverse human health impacts, many of  which  are  related  to  noise
    11  induced   stress  including  hearing  loss,  hypertension,  tachycardia,
    12  increased cortisol release, sleep disruption, and cognitive impairment.
    13    2. The legislature further finds and recognizes that the federal envi-
    14  ronmental protection agency  and  the  World  Health  Organization  have
    15  recommended a fifty-five day-night average sound level (DNL) noise expo-
    16  sure level to protect the public from adverse human health impacts.
    17    3.  The  legislature  further  finds  and  recognizes that the federal
    18  aviation administration  accepts  as  a  metric  for  determining  noise
    19  impacts the community noise equivalent level (CNEL).
    20    4.  The  legislature further finds that the community noise equivalent
    21  level (CNEL) includes a  penalty  for  increased  sensitivity  to  noise
    22  occurring  during  evening  hours  which  are  set  aside for family and
    23  student study time.
    24    5. For these purposes, there shall be established a uniform metric for
    25  measuring noise impacts that will be used by airports in New York  state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03974-01-9

        A. 3063                             2
     1  for  the  purpose  of noise exposure maps (NEMs) and noise compatibility
     2  programs (NCPs).
     3    §  1389-ii. Definitions. For the purposes of this title, the following
     4  definitions shall apply:
     5    1. "Community noise equivalent level" (CNEL) means, in  decibels,  the
     6  average  daytime  noise level during a twenty-four hour period, adjusted
     7  to account for the lower tolerance of noise during evening and nighttime
     8  periods in relation to daytime periods.
     9    2. "Hourly noise level daytime" (HNLD) means, in decibels, the  hourly
    10  noise levels for the hours of 0700-1900.
    11    3.  "Hourly noise level evening" (HNLE) means, in decibels, the hourly
    12  noise levels for the hours of 1900-2200.
    13    4. "Hourly noise level nighttime" (HNLN) means, in decibels, the hour-
    14  ly noise levels for the hours of 2200-0700.
    15    § 1389-jj. Airport noise studies. 1. For the purpose of airport  noise
    16  studies,  all  contour maps shall be completed using the community noise
    17  equivalent level. This shall include,  but  shall  not  be  limited  to,
    18  federal  aviation  regulation  part  one  hundred fifty studies, airport
    19  noise exposure maps (NEMs), and  airport  noise  compatibility  programs
    20  (NCPs).
    21    2.  The community noise equivalent level (CNEL) shall be calculated by
    22  the following: CNEL = 10 log  (1/24)  ({sigma}  antilog  (HNLD/10)  +  3
    23  {sigma} antilog (HNLE/10) + 10 {sigma} antilog (HNLN/10)).
    24    § 2. This act shall take effect immediately.
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