S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4400

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, AUBRY, V. LOPEZ, WRIGHT -- Multi-Spon-
  sored  by  --  M. of A.  COLTON, JOHN -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT in relation to directing the Port Authority of New York  and  New
  Jersey  to  conduct a cumulative impact analysis of all airborne envi-
  ronmental hazards from automobile,  truck  and  airplane  traffic  and
  emissions  therefrom  resulting  from  the  operation  of all bridges,
  tunnels and airports operated by the Port Authority of  New  York  and
  New Jersey

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. (a) Cumulative impact analysis.  The Port Authority of  New
York and New Jersey shall perform a cumulative impact analysis to deter-
mine  the  current  level  of  environmental hazards concentrated in the
vicinity of its bridges, tunnels and airport facilities,  including  the
impacts  associated  with  multiple overlapping projects and cross media
pollutants. This  cumulative  environmental  impact  analysis  shall  be
conducted  and  coordinated with established procedures, accepted by the
department of environmental conservation.
  (b) The cumulative impact analysis authorized by  this  section  shall
include,  but  not be limited to, the identification of: (i) automobile,
truck and airplane traffic and emissions and  all  hazardous  waste  and
industrial waste as defined in sections 27-0901 and 17-0105 of the envi-
ronmental  conservation  law;  (ii)  regulated  air contaminants and air
contamination sources as defined in section 19-0107  of  such  law;  and
(iii)  toxic  pollutants as defined in section 17-0105 of such law. Such
study shall also include an analysis of the environment on current resi-
dents and their activities; the extent of decay and  blight  imposed  on
the  surrounding  community and the extent to which the operation of the
Port Authorities bridges, tunnels  and  airport  facilities  and  uncon-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07767-01-9

              

A. 4400                             2

trolled  sites pose a threat to both public health and overall community
development.
  (c)  Until  such  time as the department of environmental conservation
shall determine the health effects connected with the existence of  such
hazards, the Port Authority shall provide for the creation of air quali-
ty  monitoring  and  programmatic remediation in the form of respiratory
health care assistance to persons living in the community  contiguous  a
Port Authority facility.
  (d)  For  the purposes of this act, the following terms shall have the
following meanings: (i) A "Port Authority  bridge,  tunnel  and  airport
facility"  means  a facility that is owned, operated, or utilized by, or
under contract with, a municipality or political subdivision  and  which
is utilized by the Port Authority of New York and New Jersey.
  (ii)  "Cumulative  impact  analysis"  means the study of impact on the
environment which results from the incremental impact of an action  when
added to other past, present, and proposed future actions, regardless of
the agency or person that undertakes such other actions.
  S  2.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of  legislation  having  an  identical  effect  with
section  one  of  this  act;  but  if the state of New Jersey shall have
already enacted such legislation, then this act shall take effect  imme-
diately and provide that the state of New Jersey shall notify the legis-
lative  bill drafting commission upon the occurrence of the enactment of
the provisions provided for in section one of this act in order that the
commission may maintain an accurate and timely effective  data  base  of
the official text of the laws of the state of New York in furtherance of
effecting  the  provisions  of  section  44  of  the legislative law and
section 70-b of the public officers law.