Senate Bill S3123

                                 BILL NUMBER:  S3123               REVISED 05/11/10

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
prohibiting marine solid waste transfer stations located in proximity
to public housing projects in certain cases


 PURPOSE OR GENERAL IDEA OF BILL :
To prohibit the construction, location, relocation, or reactivation of
marine solid waste transfer stations or facilities within 800 feet of
a public housing project in cities of one million or more.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1. Prohibits the expansion, construction, relocation,
reactiviation or operation of a marine solid waste transfer station or
facility, where any part of such station or facility is located within
800 feet of a public housing project in cities of one million or more.

Section 2. Effective Date

 JUSTIFICATION :
It is well established that economically under-served neighborhoods
have higher asthma rates. For example, East Harlem, which has been
called the "asthma capital of New York," has the dubious distinction
of claiming an asthma hospitalization rate that is at five times the
              

City average according to a 1999 study by Mt. Sinai Hospital - one of
the highest rates in the nation. The New York City Department of
Health confirms these alarming numbers, reporting that East Harlem has
the highest rate of child hospitalization for asthma and other
respiratory ailments in all of New York City. Many well-documented
studies link air pollution to asthma attacks and other respiratory
problems. Traffic, particularly truck traffic, is a major contributing
factor to this type of pollution.

Many of these same neighborhoods that have high rates of asthma also
are more likely to include a greater number of public housing
developments, the last bastion of truly affordable housing for
low-income New Yorkers in the city. It is important that we ensure
that the locating of waste transfer facilities does not unfairly
impact economically disadvantaged neighborhoods, specifically public
housing developments, which are also often communities of color.
Having garbage trucks that spew noxious fumes and leak trash driving
past your home all day every day is an undue burden that low-income
residents of public housing, who struggle to provide for their
families, should not be saddled with.

 PRIOR LEGISLATIVE HISTORY :
2008: S.8168-A/A.10819-A

 FISCAL IMPLICATIONS :
Unknown.

 EFFECTIVE DATE :
This act shall take effect immediately.