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A06150 Summary:

BILL NOA06150B
 
SAME ASNo Same As
 
SPONSORSeptimo
 
COSPNSRMamdani, Anderson, Fernandez, Simon, Sillitti, Epstein, Gottfried, Solages, Forrest, Jackson, Gonzalez-Rojas, Darling, Rosenthal L, Kelles, Seawright, Thiele, Otis, Fahy, Englebright
 
MLTSPNSR
 
Add §19-0330, En Con L
 
Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.
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A06150 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6150B
 
SPONSOR: Septimo
  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: The purpose of this bill is to establish standards and regulations for emissions of toxic air contaminants.   SUMMARY OF PROVISIONS: Section 1 of this bill would amend the Environmental Conservation Law by adding a new section 19-0330 which provides that: The Department of Environmental Conservation (DEC), by December 31, 2023, shall promulgate ambient air quality standards for the following toxic air contaminants: benzene, formaldehyde, vinyl chloride, polychlo- rinated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene and mercury. Such standards may be hourly, rolling eight-hour or annual, or any combination thereof, as determined by DEC in consultation with the Department of Health. Additionally, the ambient air quality stand- ards for toxic air contaminants shall be based on the best available scientific data concerning the potential adverse human health effects of each contaminant. On or after January 1, 2024, DEC shall incorporate toxic air contam- inants into each major source permit and establish regulations specify- ing when fenceline monitoring will be required for toxic air contam- inants by major sources. Such regulations shall, at a minimum, take into consideration the existing air quality and the major sources proximity to a location within or adjacent to a disadvantaged community. Section 2 of this bill provides that the bill shall take effect on the ninetieth day after it shall have become a law.   JUSTIFICATION: This legislation is necessary to reduce emissions of toxic air contam- inants in the state, and lessen their impact on disadvantaged communi- ties. In the United States, disadvantaged communities are the socioeco- nomic group most likely to inhale harmful air pollutants. Inhalation of harmful air pollutants increases the risk of heart disease, cerebrovas- cular disease, lower respiratory infection, lung cancer, and chronic obstructive pulmonary disease while concurrently reducing life expectan- cy. 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 other sections of the City. This inequitable pollution pattern is replicated in disadvantaged communities across New York State, including: Buffalo, Albany, Rochester and Syra- cuse. This legislation preserves and protects the quality of air in the state by limiting the emissions of toxic air pollutants including benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlo- rinated dibenzofurans, trichloroethylene and mercury through standards set by DEC.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   BUDGET IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A06150 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6150--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2021
                                       ___________
 
        Introduced  by  M.  of  A. SEPTIMO, MAMDANI, ANDERSON, FERNANDEZ, SIMON,
          SILLITTI, EPSTEIN, GOTTFRIED, SOLAGES, FORREST, JACKSON,  GONZALEZ-RO-
          JAS,  DARLING,  L. ROSENTHAL,  KELLES,  SEAWRIGHT  --  read  once  and
          referred to the Committee on Environmental Conservation -- recommitted
          to the Committee on  Environmental  Conservation  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
 
        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:
 
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 19-0330 to read as follows:
     3  § 19-0330. Air quality standards for toxic air contaminants.
     4    1.  Definitions.  For  purposes  of  this section, the following terms
     5  shall have the following meanings:
     6    a. "Adjacent to" shall mean within a radius of one mile.
     7    b.  "Disadvantaged community" shall have the same meaning as in subdi-
     8  vision five of section 75-0101 of this chapter.
     9    c. "Fenceline" shall mean the property boundary of a major source.
    10    d. "Major source" shall mean stationary air contamination source  that
    11  emits  or has the potential to emit ten tons per year or more of a toxic
    12  air contaminant or twenty-five tons per year or more of a combination of
    13  toxic contaminants.
    14    e. "Toxic air contaminant" shall  mean  benzene,  formaldehyde,  vinyl
    15  chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans,
    16  trichloroethylene, mercury and any other substances added by the depart-
    17  ment.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08074-11-2

        A. 6150--B                          2
 
     1    2.  Promulgation  of  standards. a. The department shall, on or before
     2  December thirty-first, two thousand twenty-three, promulgate ambient air
     3  quality standards for the following  toxic  air  contaminants:  benzene,
     4  formaldehyde,  vinyl chloride, polychlorinated dibenzodioxins, polychlo-
     5  rinated dibenzofurans, trichloroethylene and mercury. Such standards may
     6  be  hourly, rolling eight-hour or annual, or any combination thereof, as
     7  determined by the department in  consultation  with  the  department  of
     8  health.
     9    b.  The ambient air quality standards for toxic air contaminants shall
    10  be based on the best available scientific data concerning the  potential
    11  adverse human health effects of each contaminant.
    12    3.  Beginning  January first, two thousand twenty-four, the department
    13  shall incorporate toxic air contaminants into each major source permit.
    14    4. No later than December thirty-first, two thousand twenty-three, the
    15  department shall establish regulations specifying when and how fenceline
    16  monitoring will be required for toxic air contaminants by major sources.
    17  Such regulations shall at a minimum take into consideration the existing
    18  air quality and the major source's proximity to  a  location  within  or
    19  adjacent to a disadvantaged community.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.
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