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Senate Bill S4165

2017-2018 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

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

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2017-S4165 (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:
2011-2012: S7356
2013-2014: S3434
2015-2016: S2784

2017-S4165 (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.

2017-S4165 (ACTIVE) - Sponsor Memo

2017-S4165 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4165
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced by Sens. KRUEGER, ADDABBO, HAMILTON, HOYLMAN, PERKINS -- 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 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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05981-01-7

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