The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3313
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. KIM -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05541-01-1

 A. 3313                             2
 
 FOR  THE  PURPOSE  OF NOISE EXPOSURE MAPS (NEMS) AND NOISE COMPATIBILITY
 PROGRAMS (NCPS).
   §  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.