Bill Text: NY S02514 | 2009-2010 | General Assembly | Introduced

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Bill Title: Enacts the lead-free parks act; directs the department of environmental conservation to do a study of certain state parks which are adjacent to heavily travelled streets and highways to identify the level of lead contamination at such parks; provides for posting warning signs at parks identified as potential hazards; provides for grants to localities to clean up lead contaminated parks; directs the department of environmental conservation to establish procedures and regulations for remediation; requires final report on reduction efforts after one year.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S02514 Detail]

Download: New_York-2009-S02514-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2514
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 23, 2009
                                      ___________
       Introduced  by Sen. THOMPSON -- 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  the
         cleanup and remediation of lead contaminated parks
         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 that  excessive
    2  lead  levels  present  a  substantial  threat  to the health, safety and
    3  welfare of the people of this state.
    4    One major source of excessive lead levels in New  York  state  is  the
    5  exhaust  emitted  from  motor  vehicles.  These exhaust fumes cause lead
    6  contamination in the atmosphere, soil, structures and have  contaminated
    7  parks adjacent or proximate to heavily traveled highways.
    8    The  legislature  further  finds  that  people  using  parks with lead
    9  contamination for recreational reasons are unnecessarily exposed to lead
   10  deposit hazards from motor vehicle exhaust. Excessive lead deposits  may
   11  subject people to possible physical discomfort, physiological damage and
   12  lead poisoning, among other potential health hazards.
   13    The  legislature further finds that there are reasonable, economic and
   14  technologically feasible strategies which can be implemented to decrease
   15  the risk of harm resulting from excessive exposure to lead, such as  the
   16  replacement  of  contaminated  materials  and  the  posting of potential
   17  hazards in lead contaminated parks.
   18    Therefore, the legislature hereby enacts a lead-free parks  act  as  a
   19  prudent  and  necessary  action  to  promote the health and welfare of a
   20  substantial number of the state's residents  and  directs  that  a  lead
   21  cleanup study be undertaken for the purpose of planning additional envi-
   22  ronmental improvements in conformance with the lead free parks act.
   23     S  2.  Short  title.  This act shall be known as the "Lead-free parks
   24  act".
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00060-01-9
       S. 2514                             2
    1    S 3. The environmental conservation law is amended  by  adding  a  new
    2  section 3-0319 to read as follows:
    3  S 3-0319. CLEANUP AND REMEDIATION OF LEAD CONTAMINATED PARKS.
    4    1.  THE  DEPARTMENT  SHALL  UNDERTAKE  A STUDY OF PARKS THROUGHOUT THE
    5  STATE THAT ARE ADJACENT OR PROXIMATE TO HEAVILY  TRAVELED  CITY  STREETS
    6  AND  RURAL  AND  SUBURBAN  HIGHWAYS  FOR THE PURPOSES OF IDENTIFYING THE
    7  LEVEL OF LEAD CONTAMINATION AT SUCH  PARKS.  INITIALLY,  THE  DEPARTMENT
    8  SHALL EVALUATE PARKS WITH THE HIGHEST LEVEL OF EXPOSURE TO EXHAUST FUMES
    9  EMITTED  FROM MOTOR VEHICLES. IN ALL CASES LEAD LEVELS SHALL BE MEASURED
   10  SO AS TO REFLECT ACCURATELY THE WORST CASE OF LEAD EXPOSURE AT A SPECIF-
   11  IC PARK TO WHICH ANY PERSON WHO IS IN THE PARK AND  WITHIN  A  HAZARDOUS
   12  RANGE  OF  CONTAMINATED  MATERIALS  COULD BE EXPOSED UNDER NORMAL CONDI-
   13  TIONS. SUCH STUDY SHALL EVALUATE THE RANGE OF STRATEGIES  AVAILABLE  FOR
   14  MEETING  THE  PRESCRIBED SAFE LEAD LEVELS AND MAKE RECOMMENDATIONS AS TO
   15  THE MOST ADVISABLE METHODS OF CLEANUP AND REMEDIATION INCLUDING A SCHED-
   16  ULE FOR CLEANUP AND REMEDIATION OF ALL  LEAD  CONTAMINATED  STATE  OWNED
   17  PARKS. PRIORITY SITES BASED UPON DEGREE OF CONTAMINATION AND EXPOSURE TO
   18  THE  PUBLIC  SHALL BE IDENTIFIED FOR CLEANUP AND REMEDIATION. SUCH STUDY
   19  SHALL BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE WITHIN  ONE  YEAR
   20  AFTER THE EFFECTIVE DATE OF THIS SECTION.
   21    2. WITHIN SIX MONTHS OF THE COMPLETION OF THE STUDY CONDUCTED PURSUANT
   22  TO  SUBDIVISION  ONE  OF THIS SECTION, THE DEPARTMENT SHALL POST WARNING
   23  SIGNS IN EACH PARK IDENTIFIED  AS  A  POTENTIAL  HAZARD  TO  THE  PUBLIC
   24  BECAUSE  OF LEAD CONTAMINATION. THESE SIGNS SHALL POINT OUT THE POSSIBLE
   25  HAZARDS ASSOCIATED WITH EXCESSIVE EXPOSURE TO LEAD AND THE  ACUTE  SYMP-
   26  TOMS  OF LEAD POISONING, SUCH AS STOMACHACHES, HEADACHES, HYPERACTIVITY,
   27  FALLING ASLEEP AT INAPPROPRIATE TIMES, VOMITING, DIARRHEA AND SO ON.
   28    3. WITHIN MONEY APPROPRIATED THEREFOR,  THE  COMMISSIONER  SHALL  MAKE
   29  GRANTS  TO  COUNTIES, CITIES, TOWNS OR VILLAGES FOR FIFTY PERCENT OF THE
   30  COST OF CLEANUP AND REMEDIATION OF LEAD CONTAMINATED  PARKS.  PREFERENCE
   31  IN  GRANT AWARDS SHOULD GO FOR PARKS IDENTIFIED AS PRIORITY SITES IN THE
   32  DEPARTMENT'S STUDY.
   33    4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISHING
   34  PROCEDURES  AND  TECHNIQUES  FOR CLEANUP AND REMEDIATION OF LEAD CONTAM-
   35  INATED PARKS.
   36    5. WITHIN ONE YEAR AFTER SUBMISSION OF THE STUDY CONDUCTED PURSUANT TO
   37  SUBDIVISION ONE OF THIS SECTION AND ANNUALLY THEREAFTER UNTIL THE  PROB-
   38  LEM  OF  LEAD CONTAMINATED PARKS HAS BEEN OVERCOME, THE DEPARTMENT SHALL
   39  REPORT TO THE GOVERNOR AND THE LEGISLATURE ON PROGRESS IN REDUCING  LEAD
   40  LEVELS.  THE  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, AN ITEMIZED
   41  SUMMARY OF ALL MONEYS SPENT, BIDS REQUESTED AND RECEIVED, CONTRACTS  LET
   42  AND  ACTUAL  WORK  DONE  ON  LEAD REDUCTION PROGRAMS DURING THE PREVIOUS
   43  PERIOD. ANY AND ALL LEAD REDUCTION MEASURES  MADE  DURING  THE  PREVIOUS
   44  PERIOD  SHALL  BE  INCLUDED,  WITH,  WHENEVER POSSIBLE, ANALYSES OF SUCH
   45  MEASURES. SUCH REPORT SHALL ALSO INCLUDE A DETAILED ANALYSIS OF ALL LEAD
   46  REDUCTION ACTIVITIES PLANNED FOR THE NEXT TWELVE MONTHS.  FOLLOWING  THE
   47  FIRST TWELVE MONTH INTERVAL, THESE REPORTS SHALL ALSO INCLUDE COMPREHEN-
   48  SIVE  STATEMENTS  OF  PROGRESS MADE ON ALL PLANNED LEAD REDUCTION ACTIV-
   49  ITIES INCLUDED IN THE PREVIOUS ANNUAL REPORT. TO  THE  EXTENT,  IF  ANY,
   50  THAT  THE DEPARTMENT FAILS TO MEET THE PROVISIONS PRESCRIBED IN SUBDIVI-
   51  SION ONE OF THIS SECTION, THE DEPARTMENT SHALL SO STATE AND PROVIDE  THE
   52  REASONS FOR ITS INABILITY TO MEET SUCH PROVISIONS.
   53    S 4. This act shall take effect immediately.