Bill Text: NY S02431 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires air quality monitoring of certain major mass transportation projects that involve an excavation operation within a city having a population of one million or more.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-03-26 - REPORTED AND COMMITTED TO FINANCE [S02431 Detail]

Download: New_York-2023-S02431-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2431

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          requiring air quality monitoring for certain major mass transportation
          projects

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

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 19-0322 to read as follows:
     3  § 19-0322. Air quality monitoring required for major mass transportation
     4               projects.
     5    1.  For  purposes  of this section, the following terms shall have the
     6  following meanings:
     7    (a) "Major mass transportation  project"  means  the  construction  or
     8  reconstruction of any rapid transit, railroad, omnibus, marine transpor-
     9  tation or other mass transportation facility with a cost of seventy-five
    10  million or more dollars.
    11    (b) "Excavation" means the movement or removal of earth, rock or other
    12  materials  in  or  on  the  ground  by use of mechanized equipment or by
    13  blasting, and includes, but is not limited  to,  auguring,  backfilling,
    14  boring, drilling, grading, plowing in, pulling in, trenching and tunnel-
    15  ing;  provided, however, that the movement of earth by tools manipulated
    16  only by human or animal power and the tilling of soil  for  agricultural
    17  purposes shall not be deemed excavation.
    18    2.  The  department  shall conduct an air quality analysis of the area
    19  surrounding the excavation of  any  major  mass  transportation  project
    20  within a city having a population of one million or more, which analysis
    21  shall,  be  conducted in a manner that is protective of human health and
    22  at a minimum include, federal criteria pollutants including  particulate
    23  matter of 2.5 microns or smaller and other emissions as the commissioner
    24  may specify.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04317-01-3
        S. 2431                             2

     1    3.  Once  completed,  the  department  shall make all such air quality
     2  analysis, including raw data and reports available on its website within
     3  ninety days.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.