Bill Text: NY S07356 | 2011-2012 | General Assembly | Amended

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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 1-0)

Status: (Introduced - Dead) 2012-05-23 - PRINT NUMBER 7356A [S07356 Detail]

Download: New_York-2011-S07356-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7356--A
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       Introduced  by  Sen. KRUEGER -- 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
       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  S 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.
                                                                  LBD14204-05-2
       S. 7356--A                          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    S 2. This act shall take effect on the one hundred eightieth day after
    5  it shall have become a law.