Bill Text: NY S00914 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes environmental standards for ambient lead and lead contamination in soils and on floors and window sills.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2021-03-03 - referred to environmental conservation [S00914 Detail]

Download: New_York-2021-S00914-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           914

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  BENJAMIN,  KRUEGER, MAY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental Conservation

        AN ACT to amend the environmental conservation law and the public health
          law, in relation to establishing environmental standards  for  ambient
          lead and lead contamination in soils and on floors and window sills

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings. The Legislature  finds  and  declares
     2  that  there  is  a  present  need  to  establish New York standards with
     3  respect to lead levels of ambient air and levels of  lead  contamination
     4  in  soils and on floors and window sills. The legislature finds that the
     5  current regulatory standards  are  inadequate  to  protect  the  general
     6  public  and  particularly children from the harmful effects of ingesting
     7  or inhaling lead dust and coming  into  contact  with  lead  on  exposed
     8  surfaces.  The  Legislature declares that it shall be the responsibility
     9  of the commissioner of environmental conservation, in consultation  with
    10  the commissioner of health, to adopt standards for ambient lead and lead
    11  contamination of soil and windows and floors, as set forth in this bill,
    12  and  in  accordance  with  the procedures set forth in the environmental
    13  conservation law.
    14    § 2. Subdivision 1 of section 3-0301 of the environmental conservation
    15  law is amended by adding a new paragraph nn to read as follows:
    16    nn. In consultation with the commissioner of health pursuant to subdi-
    17  vision thirty-one of section two hundred six of the public  health  law,
    18  and in accordance with subdivision two of this section, the commissioner
    19  shall adopt environmental standards and those rules having the force and
    20  effect of standards and criteria to carry out the purposes of such stan-
    21  dards, which shall require:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04918-02-1
        S. 914                              2

     1    (1)  that areas containing lead contaminated soil shall have levels of
     2  lead contamination not greater than two hundred parts  per  million  for
     3  residential  zoned  areas  and  one thousand parts per million for areas
     4  zoned for commercial and/or industrial development;
     5    (2)  that  a  lead dust hazard as defined in part 40 CFR 745.101 shall
     6  not be greater than five micrograms per square foot on  floors  and  not
     7  greater than forty micrograms per square foot for window sills; and that
     8  clearance  standards,  as defined in 40 CFR 745.223, shall be set at the
     9  same levels; and
    10    (3) that the average ambient air quality  standard,  calculated  as  a
    11  rolling  three  month average, shall not be greater than .075 micrograms
    12  per cubic meter.
    13    § 3. Section 206 of the public health law is amended by adding  a  new
    14  subdivision 31 to read as follows:
    15    31.  The  commissioner,  upon  request of the commissioner of environ-
    16  mental  conservation,  shall  consult  with  such  commissioner  on  the
    17  creation and adoption of environmental standards for lead concentrations
    18  in  lead  contaminated  soils,  lead concentrations on floors and window
    19  sills, and lead concentrations in ambient air.
    20    § 4. This act shall take effect on the ninetieth day  after  it  shall
    21  have become a law. Effective immediately, the addition, amendment and/or
    22  repeal  of  any  rule  or regulation necessary for the implementation of
    23  this act on its effective date are authorized to be made  and  completed
    24  on or before such date.