NY State Senate Bill 2019-S5363

Senate Bill S5363

2019-2020 Legislative Session

Requires air quality monitoring of certain major mass transportation projects that involve an excavation operation within N.Y. city

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Apr 29, 2019	referred to environmental conservation

2019-S5363 (ACTIVE) - Details

See Assembly Version of this Bill:: A1289
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0322, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7658
2017-2018: A4174
2021-2022: S5591, A74
2023-2024: S2431, A4762

2019-S5363 (ACTIVE) - Summary

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.

2019-S5363 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5363

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to requiring air quality monitoring for certain major mass
transportation projects

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide for regular monitoring of air quality at and around the site
of all major mass transportation construction projects to be performed
by the New York Department of Environmental Conservation (DEC).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Environmental Conservation law by adding a new
section 19-0322 that requires the DEC to monitor, analyze and report on
the air quality at and around any mass transportation construction
project.

Section 2 sets the effective date.

 
JUSTIFICATION:

Mass transit construction projects are critical for maintaining, improv-
ing and expanding our transportation infrastructure, but the effect of
these projects on the residents and businesses in the surrounding commu-
nity must be considered. Currently, there is no requirement for air
quality monitoring of any kind at these construction sites. While many
agencies and contractors have voluntarily implemented monitoring based
on community concerns, that voluntary action is not guaranteed. Communi-
ties shouldn't have to depend on their ability to negotiate with agen-
cies and contractors to ensure the protection of their air quality.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: A4174 referred to Environmental Conservation
2015-2016: A7658 referred to Environmental Conservation

 
FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:

180 days after becoming law.

2019-S5363 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5363
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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
   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:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 19-0322 to read as follows:
 § 19-0322. AIR QUALITY MONITORING REQUIRED FOR MAJOR MASS TRANSPORTATION
              PROJECTS.
   1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "MAJOR MASS TRANSPORTATION  PROJECT"  MEANS  THE  CONSTRUCTION  OR
 RECONSTRUCTION OF ANY RAPID TRANSIT, RAILROAD, OMNIBUS, MARINE TRANSPOR-
 TATION OR OTHER MASS TRANSPORTATION FACILITY WITH A COST OF SEVENTY-FIVE
 MILLION OR MORE DOLLARS.
   (B) "EXCAVATION" MEANS THE MOVEMENT OR REMOVAL OF EARTH, ROCK OR OTHER
 MATERIALS  IN  OR  ON  THE  GROUND  BY USE OF MECHANIZED EQUIPMENT OR BY
 BLASTING, AND INCLUDES, BUT IS NOT LIMITED  TO,  AUGURING,  BACKFILLING,
 BORING, DRILLING, GRADING, PLOWING IN, PULLING IN, TRENCHING AND TUNNEL-
 ING;  PROVIDED, HOWEVER, THAT THE MOVEMENT OF EARTH BY TOOLS MANIPULATED
 ONLY BY HUMAN OR ANIMAL POWER AND THE TILLING OF SOIL  FOR  AGRICULTURAL
 PURPOSES SHALL NOT BE DEEMED EXCAVATION.
   2.  THE  DEPARTMENT  SHALL CONDUCT AN AIR QUALITY ANALYSIS OF THE AREA
 SURROUNDING THE EXCAVATION OF  ANY  MAJOR  MASS  TRANSPORTATION  PROJECT
 WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, WHICH ANALYSIS
 SHALL,  BE  CONDUCTED IN A MANNER THAT IS PROTECTIVE OF HUMAN HEALTH AND
 AT A MINIMUM INCLUDE, FEDERAL CRITERIA POLLUTANTS INCLUDING  PARTICULATE
 MATTER OF 2.5 MICRONS OR SMALLER AND OTHER EMISSIONS AS THE COMMISSIONER
 MAY SPECIFY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01329-01-9

 S. 5363                             2
 
   3.  ONCE  COMPLETED,  THE  DEPARTMENT  SHALL MAKE ALL SUCH AIR QUALITY
 ANALYSIS, INCLUDING RAW DATA AND REPORTS AVAILABLE ON ITS WEBSITE WITHIN
 NINETY DAYS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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