Bill Text: NY S04371 | 2021-2022 | General Assembly | Amended

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Bill Title: Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Vetoed) 2022-12-09 - VETOED MEMO.96 [S04371 Detail]

Download: New_York-2021-S04371-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4371--D
            Cal. No. 1039

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 3, 2021
                                       ___________

        Introduced  by  Sens. BIAGGI, BAILEY, CLEARE, HINCHEY, HOYLMAN, MANNION,
          MAY, MYRIE, PARKER, RIVERA,  SANDERS,  SEPULVEDA  --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Environmental Conservation  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee -- recommitted to the Committee on Envi-
          ronmental  Conservation  in  accordance  with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-
          tee, ordered to first and second report, ordered to a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading

        AN ACT to amend the environmental conservation law, in relation to emis-
          sions of toxic air contaminants

          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 19-0330 to read as follows:
     3  § 19-0330. Air quality standards for toxic air contaminants.
     4    1. Definitions. For purposes of  this  section,  the  following  terms
     5  shall have the following meanings:
     6    a. "Adjacent to" shall mean within a radius of one mile.
     7    b.  "Disadvantaged community" shall have the same meaning as in subdi-
     8  vision five of section 75-0101 of this chapter.
     9    c. "Fenceline" shall mean the property boundary of a major source.
    10    d.  "Major source" shall mean stationary air contamination source that
    11  emits or has the potential to emit ten tons per year or more of a  toxic
    12  air contaminant or twenty-five tons per year or more of a combination of
    13  toxic contaminants.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08074-12-2
        S. 4371--D                          2

     1    e.  "Toxic  air  contaminant"  shall mean benzene, formaldehyde, vinyl
     2  chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans,
     3  trichloroethylene, mercury and any other substances added by the depart-
     4  ment.
     5    2.  Promulgation  of  standards. a. The department shall, on or before
     6  December thirty-first, two thousand twenty-three, promulgate ambient air
     7  quality standards for the following  toxic  air  contaminants:  benzene,
     8  formaldehyde,  vinyl chloride, polychlorinated dibenzodioxins, polychlo-
     9  rinated dibenzofurans, trichloroethylene and mercury. Such standards may
    10  be hourly, rolling eight-hour or annual, or any combination thereof,  as
    11  determined  by  the  department  in  consultation with the department of
    12  health.
    13    b. The ambient air quality standards for toxic air contaminants  shall
    14  be  based on the best available scientific data concerning the potential
    15  adverse human health effects of each contaminant.
    16    3. Beginning January first, two thousand twenty-four,  the  department
    17  shall incorporate toxic air contaminants into each major source permit.
    18    4. No later than December thirty-first, two thousand twenty-three, the
    19  department shall establish regulations specifying when and how fenceline
    20  monitoring will be required for toxic air contaminants by major sources.
    21  Such regulations shall at a minimum take into consideration the existing
    22  air  quality  and  the  major source's proximity to a location within or
    23  adjacent to a disadvantaged community.
    24    § 2. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.