NY State Senate Bill 2011-S7356

Senate Bill S7356

2011-2012 Legislative Session

Requires air quality monitoring within a one mile radius of any major mass transportation project that involves an excavation operation within New York city

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2012	print number 7356a
May 23, 2012	amend (t) and recommit to environmental conservation
May 02, 2012	referred to environmental conservation

Bill Amendments

Original

A (Active)

2011-S7356 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0322, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3434
2015-2016: S2784
2017-2018: S4165

2011-S7356 - Summary

Requires air quality monitoring of certain major mass transportation projects that involve an excavation operation within a city having a population of one million or more.

2011-S7356 - Sponsor Memo

2011-S7356 - Bill Text download pdf

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

                                  7356

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring air quality monitoring within a one mile radius of any major
  mass  transportation  project  that  involves  an excavation operation
  within a city having a population of one million or more

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

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0322 to read as follows:
S 19-0322. AIR QUALITY MONITORING REQUIRED WITHIN A ONE MILE  RADIUS  OF
             ALL MAJOR MASS TRANSPORTATION PROJECTS WITHIN A CITY HAVING
             A POPULATION OF ONE MILLION OR MORE.
  1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "MAJOR MASS TRANSPORTATION PROJECT" MEANS THE ACQUISITION,  RECON-
STRUCTION OR IMPROVEMENT OF ANY RAPID TRANSIT, RAILROAD, OMNIBUS, MARINE
TRANSPORTATION  OR  OTHER MASS TRANSPORTATION FACILITY AND ANY EQUIPMENT
USED IN CONNECTION THEREWITH.
  (B) "EXCAVATION" MEANS AN OPERATION FOR THE  PURPOSE  OF  MOVEMENT  OR
REMOVAL  OF EARTH, ROCK OR OTHER MATERIALS IN OR ON THE GROUND BY USE OF
MECHANIZED EQUIPMENT OR BY BLASTING, AND INCLUDES, BUT  IS  NOT  LIMITED
TO,  AUGURING, BACKFILLING, BORING, DRILLING, GRADING, PLOWING IN, PULL-
ING IN, TRENCHING AND TUNNELING; PROVIDED, HOWEVER, THAT THE MOVEMENT OF
EARTH BY TOOLS MANIPULATED ONLY BY HUMAN OR ANIMAL POWER  SHALL  NOT  BE
DEEMED EXCAVATION.
  2. THE COMMISSIONER SHALL CONDUCT A BI-MONTHLY ANALYSIS OF AIR QUALITY
AS  A  RESULT  OF EMISSIONS FROM SOURCES WITHIN A ONE MILE RADIUS OF ANY
MAJOR MASS TRANSPORTATION PROJECT THAT INVOLVES AN EXCAVATION  OPERATION
WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, WHICH ANALYSIS
SHALL  INCLUDE,  BUT  SHALL NOT BE LIMITED TO, PARTICULATE MATTER OF 2.5
MICRONS OR SMALLER, FEDERAL CRITERIA POLLUTANTS  AND  TOXINS  AND  OTHER
EMISSION AS THE COMMISSIONER MAY SPECIFY BY REGULATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14204-02-2

S. 7356                             2

  3.  THE COMMISSIONER SHALL PREPARE A REPORT BASED UPON EACH BI-MONTHLY
ANALYSIS AND SHALL PREPARE A  CUMULATIVE  IMPACT  REPORT  ON  AN  ANNUAL
BASIS.  SUCH  REPORTS  SHALL  BE PROVIDED TO THE COMMUNITY BOARD FOR THE
DISTRICT IN WHICH THE MAJOR MASS TRANSPORTATION PROJECT IS LOCATED. SUCH
COMMUNITY  BOARD  SHALL  BE CUSTODIAN OF SUCH REPORTS AND SHALL MAKE THE
REPORTS AVAILABLE TO THE GENERAL PUBLIC FOR INSPECTION.
  4. THE COMMISSIONER OR HIS OR HER REPRESENTATIVE,  SHALL  PERIODICALLY
MEET  WITH  SITE  ENGINEERS,  LOCAL  COMMUNITY ORGANIZATIONS AND ELECTED
OFFICIALS REPRESENTING THE AREA IN WHICH  A  MAJOR  MASS  TRANSPORTATION
PROJECT THAT INVOLVES AN EXCAVATION OPERATION IS LOCATED, TO INFORM THEM
OF  THE  RESULTS  OF  THE  AIR  QUALITY MONITORING AND, IF NECESSARY, TO
RECOMMEND OR ESTABLISH PROGRAMS TO MITIGATE ANY ADVERSE AIR QUALITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2011-S7356A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0322, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3434
2015-2016: S2784
2017-2018: S4165

2011-S7356A (ACTIVE) - Summary

Requires air quality monitoring of certain major mass transportation projects that involve an excavation operation within a city having a population of one million or more.

2011-S7356A (ACTIVE) - Sponsor Memo

2011-S7356A (ACTIVE) - Bill Text download pdf

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

                                 7356--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  requiring air quality monitoring for certain major mass transportation
  projects

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

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0322 to read as follows:
S 19-0322. AIR QUALITY MONITORING REQUIRED FOR MAJOR MASS TRANSPORTATION
             PROJECTS.
  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "MAJOR  MASS  TRANSPORTATION  PROJECT"  MEANS THE CONSTRUCTION OR
RECONSTRUCTION OF ANY RAPID TRANSIT, RAILROAD, OMNIBUS, MARINE TRANSPOR-
TATION OR OTHER MASS TRANSPORTATION FACILITY WITH A COST OF SEVENTY-FIVE
MILLION OR MORE DOLLARS.
  (B) "EXCAVATION" MEANS THE MOVEMENT OR REMOVAL OF EARTH, ROCK OR OTHER
MATERIALS IN OR ON THE GROUND BY  USE  OF  MECHANIZED  EQUIPMENT  OR  BY
BLASTING,  AND  INCLUDES,  BUT IS NOT LIMITED TO, AUGURING, BACKFILLING,
BORING, DRILLING, GRADING, PLOWING IN, PULLING IN, TRENCHING AND TUNNEL-
ING; PROVIDED, HOWEVER, THAT THE MOVEMENT OF EARTH BY TOOLS  MANIPULATED
ONLY  BY  HUMAN OR ANIMAL POWER AND THE TILLING OF SOIL FOR AGRICULTURAL
PURPOSES SHALL NOT BE DEEMED EXCAVATION.
  2. THE DEPARTMENT SHALL CONDUCT AN AIR QUALITY ANALYSIS  OF  THE  AREA
SURROUNDING  THE  EXCAVATION  OF  ANY  MAJOR MASS TRANSPORTATION PROJECT
WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, WHICH ANALYSIS
SHALL, BE CONDUCTED IN A MANNER THAT IS PROTECTIVE OF HUMAN  HEALTH  AND
AT  A MINIMUM INCLUDE, FEDERAL CRITERIA POLLUTANTS INCLUDING PARTICULATE
MATTER OF 2.5 MICRONS OR SMALLER AND OTHER EMISSIONS AS THE COMMISSIONER
MAY SPECIFY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14204-05-2

S. 7356--A                          2

  3. ONCE COMPLETED, THE DEPARTMENT SHALL  MAKE  ALL  SUCH  AIR  QUALITY
ANALYSIS, INCLUDING RAW DATA AND REPORTS AVAILABLE ON ITS WEBSITE WITHIN
NINETY DAYS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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