S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3328--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   --  recommitted  to  the  Committee  on  Environmental Conservation in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the environmental conservation law, in relation to emis-
   sions of toxic air contaminants
 
   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 19-0330 to read as follows:
 § 19-0330. AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS.
   1. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE.
   B.  "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS IN SUBDI-
 VISION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
   C. "FENCELINE" SHALL MEAN THE PROPERTY BOUNDARY OF A MAJOR SOURCE.
   D.  "MAJOR SOURCE" SHALL MEAN STATIONARY AIR CONTAMINATION SOURCE THAT
 EMITS OR HAS THE POTENTIAL TO EMIT TEN TONS PER YEAR OR MORE OF A  TOXIC
 AIR CONTAMINANT OR TWENTY-FIVE TONS PER YEAR OR MORE OF A COMBINATION OF
 TOXIC CONTAMINANTS.
   E.  "TOXIC  AIR  CONTAMINANT"  SHALL MEAN BENZENE, FORMALDEHYDE, VINYL
 CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLORINATED DIBENZOFURANS,
 TRICHLOROETHYLENE, MERCURY AND ANY OTHER SUBSTANCES ADDED BY THE DEPART-
 MENT.
   2. PROMULGATION OF STANDARDS. A. THE DEPARTMENT SHALL,  ON  OR  BEFORE
 DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY-SIX, PROMULGATE AMBIENT AIR
 QUALITY STANDARDS FOR THE FOLLOWING  TOXIC  AIR  CONTAMINANTS:  BENZENE,
 FORMALDEHYDE,  VINYL CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08287-02-4
              

 S. 3328--A                          2
 
 RINATED DIBENZOFURANS, TRICHLOROETHYLENE AND MERCURY. SUCH STANDARDS MAY
 BE HOURLY, ROLLING EIGHT-HOUR OR ANNUAL, OR ANY COMBINATION THEREOF,  AS
 DETERMINED  BY  THE  DEPARTMENT  IN  CONSULTATION WITH THE DEPARTMENT OF
 HEALTH.
   B.  THE AMBIENT AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS SHALL
 BE BASED ON THE BEST AVAILABLE SCIENTIFIC DATA CONCERNING THE  POTENTIAL
 ADVERSE HUMAN HEALTH EFFECTS OF EACH CONTAMINANT.
   3.  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, THE DEPARTMENT
 SHALL INCORPORATE TOXIC AIR CONTAMINANTS INTO EACH MAJOR SOURCE PERMIT.
   4. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-SIX,  THE
 DEPARTMENT SHALL ESTABLISH REGULATIONS SPECIFYING WHEN AND HOW FENCELINE
 MONITORING WILL BE REQUIRED FOR TOXIC AIR CONTAMINANTS BY MAJOR SOURCES.
 SUCH REGULATIONS SHALL AT A MINIMUM TAKE INTO CONSIDERATION THE EXISTING
 AIR  QUALITY  AND  THE  MAJOR SOURCE'S PROXIMITY TO A LOCATION WITHIN OR
 ADJACENT TO A DISADVANTAGED COMMUNITY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.