The New York State Senate

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

                                  11277

                          I N  A S S E M B L Y

                              July 25, 2018
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Kim, Braun-
  stein, Ra) -- read once and referred to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  airport  noise
  studies

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

  Section 1. Article 13 of the public health law is amended by adding  a
new title 14 to read as follows:
                                TITLE XIV
                          AIRPORT NOISE STUDIES
SECTION 1389-HH. LEGISLATIVE FINDINGS AND PURPOSES.
        1389-II. DEFINITIONS.
        1389-JJ. AIRPORT NOISE STUDIES.
  § 1389-HH. LEGISLATIVE FINDINGS AND PURPOSES. 1. THE LEGISLATURE HERE-
BY FINDS, DETERMINES, AND DECLARES THAT NOISE POLLUTION CAUSES A VARIETY
OF  ADVERSE  HUMAN  HEALTH  IMPACTS,  MANY OF WHICH ARE RELATED TO NOISE
INDUCED  STRESS  INCLUDING  HEARING  LOSS,  HYPERTENSION,   TACHYCARDIA,
INCREASED CORTISOL RELEASE, SLEEP DISRUPTION, AND COGNITIVE IMPAIRMENT.
  2. THE LEGISLATURE FURTHER FINDS AND RECOGNIZES THAT THE FEDERAL ENVI-
RONMENTAL  PROTECTION  AGENCY  AND  THE  WORLD  HEALTH ORGANIZATION HAVE
RECOMMENDED A FIFTY-FIVE DAY-NIGHT AVERAGE SOUND LEVEL (DNL) NOISE EXPO-
SURE LEVEL TO PROTECT THE PUBLIC FROM ADVERSE HUMAN HEALTH IMPACTS.
  3. THE LEGISLATURE FURTHER  FINDS  AND  RECOGNIZES  THAT  THE  FEDERAL
AVIATION  ADMINISTRATION  ACCEPTS  AS  A  METRIC  FOR  DETERMINING NOISE
IMPACTS THE COMMUNITY NOISE EQUIVALENT LEVEL (CNEL).
  4. THE LEGISLATURE FURTHER FINDS THAT THE COMMUNITY  NOISE  EQUIVALENT
LEVEL  (CNEL)  INCLUDES  A  PENALTY  FOR  INCREASED SENSITIVITY TO NOISE
OCCURRING DURING EVENING HOURS  WHICH  ARE  SET  ASIDE  FOR  FAMILY  AND
STUDENT STUDY TIME.
  5. FOR THESE PURPOSES, THERE SHALL BE ESTABLISHED A UNIFORM METRIC FOR
MEASURING  NOISE IMPACTS THAT WILL BE USED BY AIRPORTS IN NEW YORK STATE
FOR THE PURPOSE OF NOISE EXPOSURE MAPS (NEMS)  AND  NOISE  COMPATIBILITY
PROGRAMS (NCPS).

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

                                                           LBD08946-05-8

A. 11277                            2

  §  1389-II. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
  1.  "COMMUNITY  NOISE EQUIVALENT LEVEL" (CNEL) MEANS, IN DECIBELS, THE
AVERAGE DAYTIME NOISE LEVEL DURING A TWENTY-FOUR HOUR  PERIOD,  ADJUSTED
TO ACCOUNT FOR THE LOWER TOLERANCE OF NOISE DURING EVENING AND NIGHTTIME
PERIODS IN RELATION TO DAYTIME PERIODS.
  2.  "HOURLY NOISE LEVEL DAYTIME" (HNLD) MEANS, IN DECIBELS, THE HOURLY
NOISE LEVELS FOR THE HOURS OF 0700-1900.
  3. "HOURLY NOISE LEVEL EVENING" (HNLE) MEANS, IN DECIBELS, THE  HOURLY
NOISE LEVELS FOR THE HOURS OF 1900-2200.
  4. "HOURLY NOISE LEVEL NIGHTTIME" (HNLN) MEANS, IN DECIBELS, THE HOUR-
LY NOISE LEVELS FOR THE HOURS OF 2200-0700.
  §  1389-JJ. AIRPORT NOISE STUDIES. 1. FOR THE PURPOSE OF AIRPORT NOISE
STUDIES, ALL CONTOUR MAPS SHALL BE COMPLETED USING THE  COMMUNITY  NOISE
EQUIVALENT  LEVEL.  THIS  SHALL  INCLUDE,  BUT  SHALL NOT BE LIMITED TO,
FEDERAL AVIATION REGULATION PART  ONE  HUNDRED  FIFTY  STUDIES,  AIRPORT
NOISE  EXPOSURE  MAPS  (NEMS),  AND AIRPORT NOISE COMPATIBILITY PROGRAMS
(NCPS).
  2. THE COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) SHALL BE CALCULATED  BY
THE  FOLLOWING:  CNEL  =  10  LOG  (1/24) ({SIGMA} ANTILOG (HNLD/10) + 3
{SIGMA} ANTILOG (HNLE/10) + 10 {SIGMA} ANTILOG (HNLN/10)).
  § 2. This act shall take effect immediately.