Bill Text: NY S05615 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes environmental standards for ambient lead and lead contamination in soils and on floors and window sills.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-03-03 - REPORTED AND COMMITTED TO FINANCE [S05615 Detail]

Download: New_York-2019-S05615-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5615
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 9, 2019
                                       ___________
        Introduced  by Sen. BENJAMIN -- 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 and the public health
          law, in relation to establishing environmental standards  for  ambient
          lead and lead contamination in soils and 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 levels of ambient lead and levels of  lead  contamination  in
     4  soils  and  on  floors  and window sills. The legislature finds that the
     5  current regulatory standards  are  inadequate  to  protect  the  general
     6  public  and  particularly  small  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  ambient
    11  lead and lead contamination of soil and windows and floors, as set forth
    12  in  this  bill,  and  in accordance with the procedures set forth in the
    13  environmental conservation law.
    14    § 2. Subdivision 1 of section 3-0301 of the environmental conservation
    15  law is amended by adding a new paragraph nn to read as follows:
    16    nn. In consultation with the commissioner of health pursuant to subdi-
    17  vision thirty-one of section two hundred six of the public  health  law,
    18  and in accordance with subdivision two of this section, the commissioner
    19  shall adopt environmental standards and those rules having the force and
    20  effect of standards and criteria to carry out the purposes of such stan-
    21  dards, which shall require:
    22    (1)  that areas containing lead contaminated soil shall have levels of
    23  lead contamination not greater than two hundred parts  per  million  for
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10792-01-9

        S. 5615                             2
     1  residential  zoned  areas  and  one thousand parts per million for areas
     2  zoned for commercial and/or industrial development;
     3    (2)  that  a  lead dust hazard as defined in part 40 CFR 745.101 shall
     4  not be greater than five micrograms per square foot on  floors  and  not
     5  greater than forty micrograms per square foot for window sills; and that
     6  clearance  standards,  as defined in 40 CFR 745.223, shall be set at the
     7  same levels; and
     8    (3) that the average ambient air quality  standard,  calculated  as  a
     9  rolling  three  month average, shall not be greater than .075 micrograms
    10  per cubic meter.
    11    § 3. Section 206 of the public health law is amended by adding  a  new
    12  subdivision 31 to read as follows:
    13    31.  The  commissioner,  upon  request of the commissioner of environ-
    14  mental  conservation,  shall  consult  with  such  commissioner  on  the
    15  creation and adoption of environmental standards for lead concentrations
    16  in  lead  contaminated  soils,  lead concentrations on floors and window
    17  sills, and lead concentrations in ambient air.
    18    § 4. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law. Effective immediately, the addition, amendment and/or
    20  repeal  of  any  rule  or regulation necessary for the implementation of
    21  this act on its effective date are authorized to be made  and  completed
    22  on or before such date.
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