Bill Text: NY A08452 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes environmental standards for ambient lead and lead contamination in soils and on floors and window sills.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-05-02 - advanced to third reading cal.432 [A08452 Detail]

Download: New_York-2023-A08452-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8452

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 29, 2023
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Environmental Conservation

        AN ACT to amend the environmental conservation law and the public health
          law, in relation to establishing emission standards, soil-lead  hazard
          standards and lead dust hazard standards

          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  and  declares
     2  that  there  is  a  present need to establish statewide standards in New
     3  York with respect to lead levels in ambient air, levels of lead  contam-
     4  ination  in  soils, and lead dust hazard levels and clearance levels for
     5  floors, window sills and window troughs. The current  regulatory  stand-
     6  ards are inadequate to protect the general public and particularly chil-
     7  dren  from  the  harmful  effects of ingesting or inhaling lead dust and
     8  coming into contact with lead dust on exposed surfaces.  Low  levels  of
     9  lead in children's blood can have an adverse effect on concentration and
    10  intellectual achievement and have a long-term impact on health and qual-
    11  ity  of  life.   Lead from ambient air can contribute to lead in soil as
    12  well as contribute to other pathways that are a danger to public  health
    13  and  the environment. Hazardous levels of lead dust can be released from
    14  the peeling or chipping of lead-based  paint,  from  plumbing  fixtures,
    15  from  the  demolition  of  buildings  and  from  the  excavation  of and
    16  construction on sites that contained lead-contaminated soil or factories
    17  that used lead in manufacturing processes. It shall be the  responsibil-
    18  ity  of  the commissioner of environmental conservation, in consultation
    19  with the commissioner of health, to adopt emission standards for lead in
    20  ambient air and soil-lead hazard standards  for  lead-contaminated  soil
    21  and lead dust hazard standards and lead dust clearance levels for floors
    22  and  windows and window troughs, in a manner that would be fully protec-
    23  tive of children's health and the health of the general public,  and  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13906-01-3
        A. 8452                             2

     1  accordance  with the procedures set forth in the environmental conserva-
     2  tion law.
     3    § 2. Subdivision 1 of section 3-0301 of the environmental conservation
     4  law is amended by adding a new paragraph nn to read as follows:
     5    nn. In consultation with the commissioner of health pursuant to subdi-
     6  vision  thirty-one  of section two hundred six of the public health law,
     7  and in accordance with subdivision two-a of this section, adopt environ-
     8  mental standards and rules as necessary to carry  out  the  purposes  of
     9  such standards, which shall require that:
    10    (1)(i)  a  soil-lead  hazard  for an area containing lead-contaminated
    11  soil shall be at a level of lead contamination greater than two  hundred
    12  parts per million for bare soil on:
    13    (I) residential property,
    14    (II) the property of a child-occupied facility, and
    15    (III) a children's play area; and
    16    (ii) a level greater than that of one thousand parts per million for:
    17    (I) bare soil in the remaining yard based on soil samples; and
    18    (II) for areas zoned for commercial or industrial development;
    19    (2)  a dust-lead hazard as defined in part 745.65(b) of title forty of
    20  the code of federal regulations shall be at a level greater  than  three
    21  micrograms  per  square  foot  for  floors,  a level greater than twenty
    22  micrograms per square foot for window sills, and a  level  greater  than
    23  twenty-five  micrograms  per  square  foot  for window troughs; and that
    24  dust-lead clearance levels for such hazards as defined in  part  745.223
    25  of  title  forty of the code of federal regulations, shall be set at the
    26  same levels; and
    27    (3) the average ambient air quality standard for lead, calculated as a
    28  rolling three-month average, shall  not  be  greater  than  seventy-five
    29  hundredths micrograms per cubic meter.
    30    §  3.  Section 206 of the public health law is amended by adding a new
    31  subdivision 32 to read as follows:
    32    32. The commissioner, upon request of  the  commissioner  of  environ-
    33  mental conservation, shall consult on the creation and adoption of dust-
    34  lead hazard standards for lead concentrations in lead-contaminated soil,
    35  lead dust concentrations on floors, window sills and window troughs, and
    36  lead dust emissions in ambient air.
    37    §  4.  This  act shall take effect on the ninetieth day after it shall
    38  have become a law. Effective immediately, the addition, amendment and/or
    39  repeal of any rule or regulation necessary  for  the  implementation  of
    40  this  act  on its effective date are authorized to be made and completed
    41  on or before such effective date.