NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1619
SPONSOR: Rosenthal (MS) TITLE OF BILL:
An act to amend the public authorities law, in relation to eliminating
the metropolitan commuter transportation authority's environmental qual-
ity review exemption
PURPOSE:
To ensure playgrounds in state and municipal parks are cleaned following
pesticide applications.
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 29.17 to the Parks, Recreation, and
Historic Preservation Law.
Section 2 sets forth the effective date.
JUSTIFICATION:
The Environmental Protection Agency reported that long-term, low-dose
exposure to pesticides can create risks for children over time. These
side effects can include behavioral changes, organ damage, forms of
cancer, and asthma symptoms. When pesticides are sprayed on or near
playground equipment, the residue can coat the surface. Children then
are touching and interacting with the playground equipment which exposes
them to the chemicals.
Public playgrounds are intended to be safe places for children to enjoy
the outdoors while allowing for cognitive, physical, and social develop-
ment. Many children regularly attend their local playground, putting
them at an unnecessary risk for long-term exposure.
Under existing law, schools are prohibited from spraying pesticides on
playgrounds, turf, or athletic fields. The Department of Environmental
Conservation discusses this measure on their website, noting that chil-
dren are more vulnerable to the effects of the toxic effects of many
pesticides and chemicals.
LEGISLATIVE HISTORY:
2023-24: A.1861 - Referred to Tourism, Parks, Arts and Sports Develop-
ment; S.805 - Passed Senate
2021-22: A.429 - Referred to Tourism, Parks, Arts and Sports Develop-
ment; S.1422 - Referred to Cultural Affairs, Tourism, Parks and Recre-
ation
2019-20: A.1299 - Referred to Tourism, Parks, Arts and Sports Develop-
ment; S.3571 - Passed Senate
2017-18: A.10879-A - Referred to Tourism, Parks, Arts and Sports Devel-
opment; S.8477-A - Referred to Cultural Affairs, Tourism, Parks and
Recreation
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
1619
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, GLICK, DINOWITZ, COLTON, PAULIN --
Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to
the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to eliminating
the metropolitan commuter transportation authority's environmental
quality review exemption
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 11 of section 1266 of the public author-
2 ities law, subdivision 3 as amended and subdivision 11 as added by chap-
3 ter 314 of the laws of 1981, are amended to read as follows:
4 3. The authority may establish, levy and collect or cause to be estab-
5 lished, levied and collected and, in the case of a joint service
6 arrangement, join with others in the establishment, levy and collection
7 of such fares, tolls, rentals, rates, charges and other fees as it may
8 deem necessary, convenient or desirable for the use and operation of any
9 transportation facility and related services operated by the authority
10 or by a subsidiary corporation of the authority or under contract, lease
11 or other arrangement, including joint service arrangements, with the
12 authority. Any such fares, tolls, rentals, rates, charges or other fees
13 for the transportation of passengers shall be established and changed
14 only if approved by resolution of the authority adopted by not less than
15 a majority vote of the whole number of members of the authority then in
16 office, with the [chairman] chair having one additional vote in the
17 event of a tie vote, and only after a public hearing, provided however,
18 that fares, tolls, rentals, rates, charges or other fees for the trans-
19 portation of passengers on any transportation facility which are in
20 effect at the time that the then owner of such transportation facility
21 becomes a subsidiary corporation of the authority or at the time that
22 operation of such transportation facility is commenced by the authority
23 or is commenced under contract, lease or other arrangement, including
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04425-01-5
A. 1619 2
1 joint service arrangements, with the authority may be continued in
2 effect without such a hearing. Such fares, tolls, rentals, rates, charg-
3 es and other fees shall be established as may in the judgment of the
4 authority be necessary to maintain the combined operations of the
5 authority and its subsidiary corporations on a self-sustaining basis.
6 The said operations shall be deemed to be on a self-sustaining basis as
7 required by this title, when the authority is able to pay or cause to be
8 paid from revenue and any other funds or property actually available to
9 the authority and its subsidiary corporations (a) as the same shall
10 become due, the principal of and interest on the bonds and notes and
11 other obligations of the authority and of such subsidiary corporations,
12 together with the maintenance of proper reserves therefor, (b) the cost
13 and expense of keeping the properties and assets of the authority and
14 its subsidiary corporations in good condition and repair, and (c) the
15 capital and operating expenses of the authority and its subsidiary
16 corporations. The authority may contract with the holders of bonds and
17 notes with respect to the exercise of the powers authorized by this
18 section. [No acts or activities taken or proposed to be taken by the
19 authority or any subsidiary of the authority pursuant to the provisions
20 of this subdivision shall be deemed to be "actions" for the purposes or
21 within the meaning of article eight of the environmental conservation
22 law.]
23 11. No project to be constructed upon real property theretofore used
24 for a transportation purpose, or on an insubstantial addition to such
25 property contiguous thereto, which will not change in a material respect
26 the general character of such prior transportation use, nor any acts or
27 activities in connection with such project, shall be subject to the
28 provisions of article [eight,] nineteen, twenty-four or twenty-five of
29 the environmental conservation law, or to any local law or ordinance
30 adopted pursuant to any such article. [Nor shall any acts or activities
31 taken or proposed to be taken by the authority or by any other person or
32 entity, public or private, in connection with the planning, design,
33 acquisition, improvement, construction, reconstruction or rehabilitation
34 of a transportation facility, other than a marine or aviation facility,
35 be subject to the provisions of article eight of the environmental
36 conservation law, or to any local law or ordinance adopted pursuant to
37 any such article if such acts or activities require the preparation of a
38 statement under or pursuant to any federal law or regulation as to the
39 environmental impact thereof.]
40 § 2. This act shall take effect immediately.
