S T A T E O F N E W Y O R K
________________________________________________________________________
8480
2019-2020 Regular Sessions
I N A S S E M B L Y
July 17, 2019
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Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring air and soil quality monitoring for certain 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 3-0323 to read as follows:
§ 3-0323. AIR AND SOIL QUALITY MONITORING REQUIRED FOR CERTAIN PROJECTS.
1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "DEVELOPMENT PROJECT" MEANS A PROJECT UNDERTAKEN FOR THE PURPOSE
OF IMPROVEMENT OR DEVELOPMENT OF REAL PROPERTY, INCLUDING, BUT NOT
LIMITED TO, STREET, ROAD AND SEWER IMPROVEMENTS AND MAINTENANCE;
(B) "MASS TRANSPORTATION PROJECT" MEANS THE CONSTRUCTION OR RECON-
STRUCTION OF ANY RAPID TRANSIT, RAILROAD, OMNIBUS, MARINE TRANSPORTATION
OR OTHER MASS TRANSPORTATION FACILITY; AND
(C) "PARK PROJECT" MEANS A PROJECT UNDERTAKEN BY A MUNICIPALITY, STATE
AGENCY, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, OR NOT-FOR-PROFIT
CORPORATION FOR THE ACQUISITION, DEVELOPMENT OR IMPROVEMENT OF PARKS,
PRESERVES, BEACHES, SHOREFRONTS, RECREATIONAL SITES AND FACILITIES
INCLUDING CONSTRUCTION OF STRUCTURES, ROADS AND PARKING FACILITIES.
2. THE DEPARTMENT SHALL CONDUCT AIR QUALITY AND SOIL QUALITY ANALYSES
OF THE AREA SURROUNDING ANY DEVELOPMENT PROJECT, MASS TRANSPORTATION
PROJECT OR PARK PROJECT WITHIN A CITY HAVING A POPULATION OF ONE MILLION
OR MORE WHICH INCLUDES THE DEMOLITION OF AN EXISTING BUILDING OR THE
MOVEMENT OF FOUR HUNDRED FIVE CUBIC FEET OF SOIL, 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.
LBD13495-01-9
A. 8480 2
3. THE DEPARTMENT SHALL POST THE RESULTS OF SUCH AIR QUALITY AND SOIL
QUALITY ANALYSES DAILY AT THE SITE OF SUCH DEVELOPMENT PROJECT, MASS
TRANSPORTATION PROJECT OR PARK PROJECT.
§ 2. 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 effective date.