NY State Senate Bill 2025-S4030

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2025	referred to environmental conservation

2025-S4030 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0330, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4371
2023-2024: S3328

2025-S4030 (ACTIVE) - Summary

Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

2025-S4030 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4030

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to emis-
sions of toxic air contaminants

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish standards for and limits on the emissions of toxic air
contaminants

 
SUMMARY OF PROVISIONS:

Section 1 amends the Environmental Conservation law by adding a new
section 19-0329 requiring the Department of Environmental Conservation
to promulgate standards for toxic air contaminants including benzene,
formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlo-
rinated dibenzofurans, trichioroethylene and mercury.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

This legislation is necessary to reduce emissions of toxic air contam-
inants in New York State, and lessen their impact in low income and
communities of color.

In the United States, low income communities and communities of color
are the socioeconomic groups most likely to inhale harmful air pollu-
tants. While white people inhale 17% less air pollution than is caused
by their consumption of goods and services, African American and Hispan-
ics inhale an average of 56% and 63% more air pollution than is caused
by their consumption of goods and services. Inhalation of harmful air
pollutants increases the risk of heart disease, cerebrovascular disease,
lower respiratory infection, lung cancer, and chronic obstructive pulmo-
nary disease while concurrently reducing life expectancy.

This inequity is illustrated by the dense concentration of industrial
facilities and highways located in the Bronx.Such facilities produce
high levels of toxic air pollutants in the borough with the highest
poverty rate and highest minority-residency rate. In correspondence with
these high rates of toxic air pollutants, marginalized residents of the
Bronx are hospitalized for asthma, respiratory illness, and cardiovascu-
lar disease at a much higher rate than white residents in other sections
of the City. This inequitable pollution pattern is replicated in commu-
nities of color across New York State, including: Buffalo, Albany,
Rochester and Syracuse.  This legislation preserves and protects the
quality of air in New York State by limiting the emissions of toxic air
pollutants including benzene, formaldehyde, vinyl chloride, polychlori-
nated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene
and mercury through standards set by the Department of Environmental
Conservation.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: S3328A

2023-24: S3328 / A7363

2022: S4371 / A6150

 
FISCAL IMPLICATIONS:

TED

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S4030 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4030
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 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-SEVEN, PROMULGATE AMBIENT AIR
 QUALITY STANDARDS FOR THE FOLLOWING  TOXIC  AIR  CONTAMINANTS:  BENZENE,
 FORMALDEHYDE,  VINYL CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLO-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07000-01-5

 S. 4030                             2
 
   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-EIGHT, THE DEPARTMENT
 SHALL INCORPORATE TOXIC AIR CONTAMINANTS INTO EACH MAJOR SOURCE PERMIT.
   4. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, 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.

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Senate Bill S4030

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S4030 (ACTIVE) - Details

2025-S4030 (ACTIVE) - Summary

2025-S4030 (ACTIVE) - Sponsor Memo

2025-S4030 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4030

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S4030 (ACTIVE) - Details

2025-S4030 (ACTIVE) - Summary

2025-S4030 (ACTIVE) - Sponsor Memo

2025-S4030 (ACTIVE) - Bill Text download pdf

Comments