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:

  Section 1. Legislative findings. The legislature finds that  excessive
lead  levels  present  a  substantial  threat  to the health, safety and
welfare of the people of this state.
  One major source of excessive lead levels in New  York  state  is  the
exhaust  emitted  from  motor  vehicles.  These exhaust fumes cause lead
contamination in the atmosphere, soil, structures and have  contaminated
parks adjacent or proximate to heavily traveled highways.
  The  legislature  further  finds  that  people  using  parks with lead
contamination for recreational reasons are unnecessarily exposed to lead
deposit hazards from motor vehicle exhaust. Excessive lead deposits  may
subject people to possible physical discomfort, physiological damage and
lead poisoning, among other potential health hazards.
  The  legislature further finds that there are reasonable, economic and
technologically feasible strategies which can be implemented to decrease
the risk of harm resulting from excessive exposure to lead, such as  the
replacement  of  contaminated  materials  and  the  posting of potential
hazards in lead contaminated parks.
  Therefore, the legislature hereby enacts a lead-free parks  act  as  a
prudent  and  necessary  action  to  promote the health and welfare of a
substantial number of the state's residents  and  directs  that  a  lead
cleanup study be undertaken for the purpose of planning additional envi-
ronmental improvements in conformance with the lead free parks act.
   S  2.  Short  title.  This act shall be known as the "Lead-free parks
act".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00060-01-9

              

S. 2514                             2

  S 3. The environmental conservation law is amended  by  adding  a  new
section 3-0319 to read as follows:
S 3-0319. CLEANUP AND REMEDIATION OF LEAD CONTAMINATED PARKS.
  1.  THE  DEPARTMENT  SHALL  UNDERTAKE  A STUDY OF PARKS THROUGHOUT THE
STATE THAT ARE ADJACENT OR PROXIMATE TO HEAVILY  TRAVELED  CITY  STREETS
AND  RURAL  AND  SUBURBAN  HIGHWAYS  FOR THE PURPOSES OF IDENTIFYING THE
LEVEL OF LEAD CONTAMINATION AT SUCH  PARKS.  INITIALLY,  THE  DEPARTMENT
SHALL EVALUATE PARKS WITH THE HIGHEST LEVEL OF EXPOSURE TO EXHAUST FUMES
EMITTED  FROM MOTOR VEHICLES. IN ALL CASES LEAD LEVELS SHALL BE MEASURED
SO AS TO REFLECT ACCURATELY THE WORST CASE OF LEAD EXPOSURE AT A SPECIF-
IC PARK TO WHICH ANY PERSON WHO IS IN THE PARK AND  WITHIN  A  HAZARDOUS
RANGE  OF  CONTAMINATED  MATERIALS  COULD BE EXPOSED UNDER NORMAL CONDI-
TIONS. SUCH STUDY SHALL EVALUATE THE RANGE OF STRATEGIES  AVAILABLE  FOR
MEETING  THE  PRESCRIBED SAFE LEAD LEVELS AND MAKE RECOMMENDATIONS AS TO
THE MOST ADVISABLE METHODS OF CLEANUP AND REMEDIATION INCLUDING A SCHED-
ULE FOR CLEANUP AND REMEDIATION OF ALL  LEAD  CONTAMINATED  STATE  OWNED
PARKS. PRIORITY SITES BASED UPON DEGREE OF CONTAMINATION AND EXPOSURE TO
THE  PUBLIC  SHALL BE IDENTIFIED FOR CLEANUP AND REMEDIATION. SUCH STUDY
SHALL BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE WITHIN  ONE  YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION.
  2. WITHIN SIX MONTHS OF THE COMPLETION OF THE STUDY CONDUCTED PURSUANT
TO  SUBDIVISION  ONE  OF THIS SECTION, THE DEPARTMENT SHALL POST WARNING
SIGNS IN EACH PARK IDENTIFIED  AS  A  POTENTIAL  HAZARD  TO  THE  PUBLIC
BECAUSE  OF LEAD CONTAMINATION. THESE SIGNS SHALL POINT OUT THE POSSIBLE
HAZARDS ASSOCIATED WITH EXCESSIVE EXPOSURE TO LEAD AND THE  ACUTE  SYMP-
TOMS  OF LEAD POISONING, SUCH AS STOMACHACHES, HEADACHES, HYPERACTIVITY,
FALLING ASLEEP AT INAPPROPRIATE TIMES, VOMITING, DIARRHEA AND SO ON.
  3. WITHIN MONEY APPROPRIATED THEREFOR,  THE  COMMISSIONER  SHALL  MAKE
GRANTS  TO  COUNTIES, CITIES, TOWNS OR VILLAGES FOR FIFTY PERCENT OF THE
COST OF CLEANUP AND REMEDIATION OF LEAD CONTAMINATED  PARKS.  PREFERENCE
IN  GRANT AWARDS SHOULD GO FOR PARKS IDENTIFIED AS PRIORITY SITES IN THE
DEPARTMENT'S STUDY.
  4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISHING
PROCEDURES  AND  TECHNIQUES  FOR CLEANUP AND REMEDIATION OF LEAD CONTAM-
INATED PARKS.
  5. WITHIN ONE YEAR AFTER SUBMISSION OF THE STUDY CONDUCTED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION AND ANNUALLY THEREAFTER UNTIL THE  PROB-
LEM  OF  LEAD CONTAMINATED PARKS HAS BEEN OVERCOME, THE DEPARTMENT SHALL
REPORT TO THE GOVERNOR AND THE LEGISLATURE ON PROGRESS IN REDUCING  LEAD
LEVELS.  THE  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, AN ITEMIZED
SUMMARY OF ALL MONEYS SPENT, BIDS REQUESTED AND RECEIVED, CONTRACTS  LET
AND  ACTUAL  WORK  DONE  ON  LEAD REDUCTION PROGRAMS DURING THE PREVIOUS
PERIOD. ANY AND ALL LEAD REDUCTION MEASURES  MADE  DURING  THE  PREVIOUS
PERIOD  SHALL  BE  INCLUDED,  WITH,  WHENEVER POSSIBLE, ANALYSES OF SUCH
MEASURES. SUCH REPORT SHALL ALSO INCLUDE A DETAILED ANALYSIS OF ALL LEAD
REDUCTION ACTIVITIES PLANNED FOR THE NEXT TWELVE MONTHS.  FOLLOWING  THE
FIRST TWELVE MONTH INTERVAL, THESE REPORTS SHALL ALSO INCLUDE COMPREHEN-
SIVE  STATEMENTS  OF  PROGRESS MADE ON ALL PLANNED LEAD REDUCTION ACTIV-
ITIES INCLUDED IN THE PREVIOUS ANNUAL REPORT. TO  THE  EXTENT,  IF  ANY,
THAT  THE DEPARTMENT FAILS TO MEET THE PROVISIONS PRESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION, THE DEPARTMENT SHALL SO STATE AND PROVIDE  THE
REASONS FOR ITS INABILITY TO MEET SUCH PROVISIONS.
  S 4. This act shall take effect immediately.