Bill Text: NY S01212 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes environmental standards for lead in ambient air and lead contamination in soils and lead dust on floors and window sills.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01212 Detail]
Download: New_York-2023-S01212-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1212--B Cal. No. 203 2023-2024 Regular Sessions IN SENATE January 10, 2023 ___________ Introduced by Sens. CLEARE, HOYLMAN-SIGAL, KRUEGER, MANNION, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the environmental conservation law and the public health law, in relation to establishing environmental standards for lead in ambient air and lead contamination in soils and lead dust 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 in ambient air and levels of lead contamination 4 in soils and lead dust on floors and window sills. The legislature finds 5 that the current regulatory standards are inadequate to protect the 6 general public and particularly children from the harmful effects of 7 ingesting or inhaling lead dust and coming into contact with lead on 8 exposed surfaces. The legislature declares that it shall be the respon- 9 sibility of the commissioner of environmental conservation, in consulta- 10 tion with the commissioner of health, to adopt standards for lead in 11 ambient air and lead contamination of soil and lead dust on windows and 12 floors, in a manner that would be fully protective of children's health, 13 and in accordance with the procedures set forth in the environmental 14 conservation law. 15 § 2. Subdivision 1 of section 3-0301 of the environmental conserva- 16 tion law is amended by adding a new paragraph nn to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04790-03-3S. 1212--B 2 1 nn. In consultation with the commissioner of health pursuant to subdi- 2 vision thirty-two of section two hundred six of the public health law, 3 and in accordance with paragraph a of subdivision two of this section, 4 the commissioner shall adopt environmental standards and those rules 5 having the force and effect of standards and criteria to carry out the 6 purposes of such standards, which shall require: 7 (1) that areas containing lead contaminated soil shall have levels of 8 lead contamination not greater than what is necessary to be fully 9 protective of human health which shall in no event be greater than one 10 hundred parts per million for bare soil on residential property or on 11 the property of a child occupied facility in a children's play area and 12 in no event be greater than two hundred parts per million for bare soil 13 in the rest of the yard based on soil samples, and in no event greater 14 than one thousand parts per million for areas zoned for commercial 15 and/or industrial development, based on soil samples. 16 (2) that a lead dust hazard as defined in part 40 of the Code of 17 Federal Regulations section 745.101 which is fully protective of human 18 health and shall in no event be greater than five micrograms per square 19 foot on floors and in no event greater than forty micrograms per square 20 foot for window sills; and that clearance standards, as defined in part 21 40 of the Code of Federal Regulations section 745.223, shall be set at 22 the same levels. 23 (3) that the average ambient air quality standard for lead, calculated 24 as a rolling three month average, shall not be greater than what is 25 necessary to be fully protective of human health and which shall in no 26 event be greater than .075 micrograms per cubic meter. 27 § 3. Section 206 of the public health law is amended by adding a new 28 subdivision 32 to read as follows: 29 32. The commissioner, upon request of the commissioner of environ- 30 mental conservation, shall consult with such commissioner on the 31 creation and adoption of environmental standards for lead concentrations 32 in lead contaminated soils, lead concentrations on floors and window 33 sills, and lead concentrations in ambient air. 34 § 4. This act shall take effect on the ninetieth day after it shall 35 have become a law. Effective immediately, the addition, amendment and/or 36 repeal of any rule or regulation necessary for the implementation of 37 this act on its effective date are authorized to be made and completed 38 on or before such date.
