S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1212
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  CLEARE,  KRUEGER,  MANNION, MAY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 AN  ACT  directing  the  departments  of  environmental conservation and
   health to establish environmental standards for ambient lead and  lead
   contamination   in  soils;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof
 
   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 and declares
 that there is a present  need  to  establish  New  York  standards  with
 respect  to  levels  of ambient lead and levels of lead contamination in
 soils and on floors and window sills. The  legislature  finds  that  the
 current  regulatory  standards  are  inadequate  to  protect the general
 public and particularly small  children  from  the  harmful  effects  of
 ingesting  or  inhaling  lead dust, often resulting from lead paint, and
 coming into contact with  lead  on  exposed  surfaces.  The  legislature
 declares  that  it  shall  be  the responsibility of the commissioner of
 environmental conservation, in consultation  with  the  commissioner  of
 health,  to  adopt  standards for ambient lead and lead contamination of
 soil and windows and floors, in a manner that would be fully  protective
 of children's health, and in accordance with the procedures set forth in
 the environmental conservation law.
   § 2. a. No later than March 31, 2024, the departments of environmental
 conservation  and  health  shall  propose  new standards, and update any
 existing standards as appropriate,  for  dust  lead  hazards,  soil-lead
 hazards and ambient air quality standards for the level of lead in vari-
 ous  media that will result in blood lead levels that are no higher than
 a target that is fully protective of human health and which at a minimum
 include consideration of recommendations from the  centers  for  disease
 control.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04790-01-3
              

 S. 1212                             2
 
   b.  No  later than June 1, 2024, such departments shall issue a report
 to the legislature describing the status of such reviews, adoptions, and
 revisions and expected health improvements resulting therefrom.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall expire and be deemed repealed July 1,  2024.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1212--A
     Cal. No. 203
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  CLEARE,  KRUEGER,  MANNION, MAY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental  Conservation -- reported favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the environmental conservation law and the public health
   law, in relation to establishing environmental standards for  lead  in
   ambient  air  and  lead contamination in soils and lead dust on floors
   and window sills
 
   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 and declares
 that there is a present  need  to  establish  New  York  standards  with
 respect  to  lead levels in ambient air and levels of lead contamination
 in soils and lead dust on floors and window sills. The legislature finds
 that the current regulatory standards  are  inadequate  to  protect  the
 general  public  and  particularly  children from the harmful effects of
 ingesting or inhaling lead dust and coming into  contact  with  lead  on
 exposed  surfaces. The legislature declares that it shall be the respon-
 sibility of the commissioner of environmental conservation, in consulta-
 tion with the commissioner of health, to adopt  standards  for  lead  in
 ambient  air and lead contamination of soil and lead dust on windows and
 floors, in a manner that would be fully protective of children's health,
 and in accordance with the procedures set  forth  in  the  environmental
 conservation law.
   §  2.   Subdivision 1 of section 3-0301 of the environmental conserva-
 tion law is amended by adding a new paragraph nn to read as follows:
   NN. IN CONSULTATION WITH THE COMMISSIONER OF HEALTH PURSUANT TO SUBDI-
 VISION THIRTY-TWO OF SECTION TWO HUNDRED SIX OF THE PUBLIC  HEALTH  LAW,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04790-02-3
 S. 1212--A                          2
 
 AND  IN  ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
 THE COMMISSIONER SHALL ADOPT ENVIRONMENTAL  STANDARDS  AND  THOSE  RULES
 HAVING  THE  FORCE AND EFFECT OF STANDARDS AND CRITERIA TO CARRY OUT THE
 PURPOSES OF SUCH STANDARDS, WHICH SHALL REQUIRE:
   (1)  THAT AREAS CONTAINING LEAD CONTAMINATED SOIL SHALL HAVE LEVELS OF
 LEAD CONTAMINATION NOT GREATER THAN TWO HUNDRED PARTS  PER  MILLION  FOR
 BARE SOIL ON RESIDENTIAL PROPERTY OR ON THE PROPERTY OF A CHILD OCCUPIED
 FACILITY OR IN A CHILDREN'S PLAY AREA AND ONE THOUSAND PARTS PER MILLION
 FOR  BARE  SOIL  IN  THE  REST OF THE YARD BASED ON SOIL SAMPLES AND FOR
 AREAS ZONED FOR COMMERCIAL AND/OR INDUSTRIAL DEVELOPMENT.
   (2) THAT A LEAD DUST HAZARD AS DEFINED IN  PART  40  OF  THE  CODE  OF
 FEDERAL  REGULATIONS  SECTION  745.101  SHALL  NOT  BE GREATER THAN FIVE
 MICROGRAMS PER SQUARE FOOT ON FLOORS AND NOT GREATER THAN  FORTY  MICRO-
 GRAMS PER SQUARE FOOT FOR WINDOW SILLS; AND THAT CLEARANCE STANDARDS, AS
 DEFINED  IN  PART 40 OF THE CODE OF FEDERAL REGULATIONS SECTION 745.223,
 SHALL BE SET AT THE SAME LEVELS.
   (3) THAT THE AVERAGE AMBIENT AIR QUALITY STANDARD FOR LEAD, CALCULATED
 AS A ROLLING THREE MONTH AVERAGE, SHALL NOT BE GREATER THAN .075  MICRO-
 GRAMS PER CUBIC METER.
   §  3.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. THE COMMISSIONER, UPON REQUEST OF  THE  COMMISSIONER  OF  ENVIRON-
 MENTAL  CONSERVATION,  SHALL  CONSULT  WITH  SUCH  COMMISSIONER  ON  THE
 CREATION AND ADOPTION OF ENVIRONMENTAL STANDARDS FOR LEAD CONCENTRATIONS
 IN LEAD CONTAMINATED SOILS, LEAD CONCENTRATIONS  ON  FLOORS  AND  WINDOW
 SILLS, AND LEAD CONCENTRATIONS IN AMBIENT AIR.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.