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Senate Bill S5363

2019-2020 Legislative Session

Requires air quality monitoring of certain major mass transportation projects that involve an excavation operation within N.Y. city

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Sponsored By

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

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2019-S5363 (ACTIVE) - Details

See Assembly Version of this Bill:
A1289
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0322, En Con L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7658
2017-2018: A4174
2021-2022: S5591, A74
2023-2024: S2431, A4762
2025-2026: S3408

2019-S5363 (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.

2019-S5363 (ACTIVE) - Sponsor Memo

2019-S5363 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5363
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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
 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.

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