Bill Text: NY A02530 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the lead-free parks act; directs the department of environmental conservation to do a study of certain state parks which are adjacent to heavily travelled streets and highways to identify the level of lead contamination at such parks; provides for posting warning signs at parks identified as potential hazards; provides for grants to localities to clean up lead contaminated parks; directs the department of environmental conservation to establish procedures and regulations for remediation; requires final report on reduction efforts after one year.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A02530 Detail]

Download: New_York-2011-A02530-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2530
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 19, 2011
                                      ___________
       Introduced  by M. of A. JEFFRIES, SPANO, JAFFEE, PEOPLES-STOKES, GABRYS-
         ZAK, ROSENTHAL, GOTTFRIED, CAMARA, SCHIMEL,  COLTON,  BROOK-KRASNY  --
         Multi-Sponsored  by  --  M.  of  A. BOYLAND, CLARK, CYMBROWITZ, FINCH,
         GUNTHER, MAISEL, TITONE, WEISENBERG -- read once and referred  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:
    1    Section  1. Legislative findings. The legislature finds that excessive
    2  lead levels present a substantial  threat  to  the  health,  safety  and
    3  welfare of the people of this state.
    4    One  major  source  of  excessive lead levels in New York state is the
    5  exhaust emitted from motor vehicles.  These  exhaust  fumes  cause  lead
    6  contamination  in the atmosphere, soil, structures and have contaminated
    7  parks adjacent or proximate to heavily traveled highways.
    8    The legislature further  finds  that  people  using  parks  with  lead
    9  contamination for recreational reasons are unnecessarily exposed to lead
   10  deposit  hazards from motor vehicle exhaust. Excessive lead deposits may
   11  subject people to possible physical discomfort, physiological damage and
   12  lead poisoning, among other potential health hazards.
   13    The legislature further finds that there are reasonable, economic  and
   14  technologically feasible strategies which can be implemented to decrease
   15  the  risk of harm resulting from excessive exposure to lead, such as the
   16  replacement of contaminated  materials  and  the  posting  of  potential
   17  hazards in lead contaminated parks.
   18    Therefore,  the  legislature  hereby enacts a lead-free parks act as a
   19  prudent and necessary action to promote the  health  and  welfare  of  a
   20  substantial  number  of  the  state's  residents and directs that a lead
   21  cleanup study be undertaken for the purpose of planning additional envi-
   22  ronmental improvements in conformance with the lead free parks act.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05030-01-1
       A. 2530                             2
    1     S 2. Short title. This act shall be known  as  the  "Lead-free  parks
    2  act".
    3    S  3.  The  environmental  conservation law is amended by adding a new
    4  section 3-0319 to read as follows:
    5  S 3-0319. CLEANUP AND REMEDIATION OF LEAD CONTAMINATED PARKS.
    6    1. THE DEPARTMENT SHALL UNDERTAKE A  STUDY  OF  PARKS  THROUGHOUT  THE
    7  STATE  THAT  ARE  ADJACENT OR PROXIMATE TO HEAVILY TRAVELED CITY STREETS
    8  AND RURAL AND SUBURBAN HIGHWAYS FOR  THE  PURPOSES  OF  IDENTIFYING  THE
    9  LEVEL  OF  LEAD  CONTAMINATION  AT SUCH PARKS. INITIALLY, THE DEPARTMENT
   10  SHALL EVALUATE PARKS WITH THE HIGHEST LEVEL OF EXPOSURE TO EXHAUST FUMES
   11  EMITTED FROM MOTOR VEHICLES. IN ALL CASES LEAD LEVELS SHALL BE  MEASURED
   12  SO AS TO REFLECT ACCURATELY THE WORST CASE OF LEAD EXPOSURE AT A SPECIF-
   13  IC  PARK  TO  WHICH ANY PERSON WHO IS IN THE PARK AND WITHIN A HAZARDOUS
   14  RANGE OF CONTAMINATED MATERIALS COULD BE  EXPOSED  UNDER  NORMAL  CONDI-
   15  TIONS.  SUCH  STUDY SHALL EVALUATE THE RANGE OF STRATEGIES AVAILABLE FOR
   16  MEETING THE PRESCRIBED SAFE LEAD LEVELS AND MAKE RECOMMENDATIONS  AS  TO
   17  THE MOST ADVISABLE METHODS OF CLEANUP AND REMEDIATION INCLUDING A SCHED-
   18  ULE  FOR  CLEANUP  AND  REMEDIATION OF ALL LEAD CONTAMINATED STATE OWNED
   19  PARKS. PRIORITY SITES BASED UPON DEGREE OF CONTAMINATION AND EXPOSURE TO
   20  THE PUBLIC SHALL BE IDENTIFIED FOR CLEANUP AND REMEDIATION.  SUCH  STUDY
   21  SHALL  BE  SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE WITHIN ONE YEAR
   22  AFTER THE EFFECTIVE DATE OF THIS SECTION.
   23    2. WITHIN SIX MONTHS OF THE COMPLETION OF THE STUDY CONDUCTED PURSUANT
   24  TO SUBDIVISION ONE OF THIS SECTION, THE DEPARTMENT  SHALL  POST  WARNING
   25  SIGNS  IN  EACH  PARK  IDENTIFIED  AS  A  POTENTIAL HAZARD TO THE PUBLIC
   26  BECAUSE OF LEAD CONTAMINATION. THESE SIGNS SHALL POINT OUT THE  POSSIBLE
   27  HAZARDS  ASSOCIATED  WITH EXCESSIVE EXPOSURE TO LEAD AND THE ACUTE SYMP-
   28  TOMS OF LEAD POISONING, SUCH AS STOMACHACHES, HEADACHES,  HYPERACTIVITY,
   29  FALLING ASLEEP AT INAPPROPRIATE TIMES, VOMITING, DIARRHEA AND SO ON.
   30    3.  WITHIN  MONEY  APPROPRIATED  THEREFOR, THE COMMISSIONER SHALL MAKE
   31  GRANTS TO COUNTIES, CITIES, TOWNS OR VILLAGES FOR FIFTY PERCENT  OF  THE
   32  COST  OF  CLEANUP AND REMEDIATION OF LEAD CONTAMINATED PARKS. PREFERENCE
   33  IN GRANT AWARDS SHOULD GO FOR PARKS IDENTIFIED AS PRIORITY SITES IN  THE
   34  DEPARTMENT'S STUDY.
   35    4.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING
   36  PROCEDURES AND TECHNIQUES FOR CLEANUP AND REMEDIATION  OF  LEAD  CONTAM-
   37  INATED PARKS.
   38    5. WITHIN ONE YEAR AFTER SUBMISSION OF THE STUDY CONDUCTED PURSUANT TO
   39  SUBDIVISION  ONE OF THIS SECTION AND ANNUALLY THEREAFTER UNTIL THE PROB-
   40  LEM OF LEAD CONTAMINATED PARKS HAS BEEN OVERCOME, THE  DEPARTMENT  SHALL
   41  REPORT  TO THE GOVERNOR AND THE LEGISLATURE ON PROGRESS IN REDUCING LEAD
   42  LEVELS. THE REPORT SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  AN  ITEMIZED
   43  SUMMARY  OF ALL MONEYS SPENT, BIDS REQUESTED AND RECEIVED, CONTRACTS LET
   44  AND ACTUAL WORK DONE ON LEAD  REDUCTION  PROGRAMS  DURING  THE  PREVIOUS
   45  PERIOD.  ANY  AND  ALL  LEAD REDUCTION MEASURES MADE DURING THE PREVIOUS
   46  PERIOD SHALL BE INCLUDED, WITH,  WHENEVER  POSSIBLE,  ANALYSES  OF  SUCH
   47  MEASURES. SUCH REPORT SHALL ALSO INCLUDE A DETAILED ANALYSIS OF ALL LEAD
   48  REDUCTION  ACTIVITIES  PLANNED FOR THE NEXT TWELVE MONTHS. FOLLOWING THE
   49  FIRST TWELVE MONTH INTERVAL, THESE REPORTS SHALL ALSO INCLUDE COMPREHEN-
   50  SIVE STATEMENTS OF PROGRESS MADE ON ALL PLANNED  LEAD  REDUCTION  ACTIV-
   51  ITIES  INCLUDED  IN  THE  PREVIOUS ANNUAL REPORT. TO THE EXTENT, IF ANY,
   52  THAT THE DEPARTMENT FAILS TO MEET THE PROVISIONS PRESCRIBED IN  SUBDIVI-
   53  SION  ONE OF THIS SECTION, THE DEPARTMENT SHALL SO STATE AND PROVIDE THE
   54  REASONS FOR ITS INABILITY TO MEET SUCH PROVISIONS.
   55    S 4. This act shall take effect immediately.