The New York State Senate

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

                                  7635

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2019
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the public health
  law, in relation to establishing environmental standards  for  ambient
  lead and lead contamination in soils and on floors and window sills

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

  Section 1. Legislative findings. The Legislature  finds  and  declares
that  there  is  a  present  need  to  establish New York standards with
respect to levels of ambient lead and levels of  lead  contamination  in
soils  and  on  floors  and window sills. The legislature finds that the
current regulatory standards  are  inadequate  to  protect  the  general
public  and  particularly  small  children  from  the harmful effects of
ingesting or inhaling lead dust and coming into  contact  with  lead  on
exposed  surfaces. The Legislature declares that it shall be the respon-
sibility of the commissioner of environmental conservation, in consulta-
tion with the commissioner of health, to  adopt  standards  for  ambient
lead and lead contamination of soil and windows and floors, as set forth
in  this  bill,  and  in accordance with the procedures set forth in the
environmental conservation law.
  § 2. Subdivision 1 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph nn to read as follows:
  NN. IN CONSULTATION WITH THE COMMISSIONER OF HEALTH PURSUANT TO SUBDI-
VISION THIRTY-ONE OF SECTION TWO HUNDRED SIX OF THE PUBLIC  HEALTH  LAW,
AND IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER
SHALL ADOPT ENVIRONMENTAL STANDARDS AND THOSE RULES HAVING THE FORCE AND
EFFECT OF STANDARDS AND CRITERIA TO CARRY OUT THE PURPOSES OF SUCH STAN-
DARDS, WHICH SHALL REQUIRE:
  (1)  THAT AREAS CONTAINING LEAD CONTAMINATED SOIL SHALL HAVE LEVELS OF
LEAD CONTAMINATION NOT GREATER THAN TWO HUNDRED PARTS  PER  MILLION  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10792-01-9

A. 7635                             2

RESIDENTIAL  ZONED  AREAS  AND  ONE THOUSAND PARTS PER MILLION FOR AREAS
ZONED FOR COMMERCIAL AND/OR INDUSTRIAL DEVELOPMENT;
  (2)  THAT  A  LEAD DUST HAZARD AS DEFINED IN PART 40 CFR 745.101 SHALL
NOT BE GREATER THAN FIVE MICROGRAMS PER SQUARE FOOT ON  FLOORS  AND  NOT
GREATER THAN FORTY MICROGRAMS PER SQUARE FOOT FOR WINDOW SILLS; AND THAT
CLEARANCE  STANDARDS,  AS DEFINED IN 40 CFR 745.223, SHALL BE SET AT THE
SAME LEVELS; AND
  (3) THAT THE AVERAGE AMBIENT AIR QUALITY  STANDARD,  CALCULATED  AS  A
ROLLING  THREE  MONTH AVERAGE, SHALL NOT BE GREATER THAN .075 MICROGRAMS
PER CUBIC METER.
  § 3. Section 206 of the public health law is amended by adding  a  new
subdivision 31 to read as follows:
  31.  THE  COMMISSIONER,  UPON  REQUEST OF THE COMMISSIONER OF ENVIRON-
MENTAL  CONSERVATION,  SHALL  CONSULT  WITH  SUCH  COMMISSIONER  ON  THE
CREATION AND ADOPTION OF ENVIRONMENTAL STANDARDS FOR LEAD CONCENTRATIONS
IN  LEAD  CONTAMINATED  SOILS,  LEAD CONCENTRATIONS ON FLOORS AND WINDOW
SILLS, AND LEAD CONCENTRATIONS IN AMBIENT AIR.
  § 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made  and  completed
on or before such date.