S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4371
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 emis-
   sions of toxic air contaminants; and to amend the state  finance  law,
   in relation to establishing the community benefit fund

   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 19-0329 to read as follows:
 § 19-0329. AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS.
   1.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE.
   B. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED  BY
 A POVERTY RATE OF AT LEAST TWENTY PERCENT; OR AN UNEMPLOYMENT RATE OF AT
 LEAST  ONE  HUNDRED  TWENTY-FIVE  PERCENT  OF THE STATEWIDE UNEMPLOYMENT
 RATE.
   C. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS IDENTIFIED IN THE DEFINITION
 OF MINORITY GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION  THREE  HUNDRED
 TEN OF THE EXECUTIVE LAW.
   D.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY AND INCLUDES, BUT IS  NOT  LIMITED  TO,
 ENVIRONMENTAL JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   E. "FENCELINE" SHALL MEAN THE PROPERTY BOUNDARY OF A MAJOR SOURCE.
   F. "MAJOR SOURCE" SHALL MEAN AN AIR CONTAMINATION SOURCE THAT EMITS OR
 HAS  THE  POTENTIAL  TO EMIT FIVE POUNDS PER YEAR OR MORE OF A TOXIC AIR
 CONTAMINANT.
   G. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS  BLOCK  OR
 CENSUS  BLOCK  GROUP  THAT  INCLUDES  TWENTY-FIVE PERCENT OR MORE OF ANY
 ETHNIC GROUP.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08074-01-1
              

 S. 4371                             2
 
   H. "TOXIC AIR CONTAMINANT" SHALL  MEAN  BENZENE,  FORMALDEHYDE,  VINYL
 CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLORINATED DIBENZOFURANS,
 TRICHLOROETHYLENE AND MERCURY.
   2.  PROMULGATION  OF  STANDARDS. A. THE DEPARTMENT SHALL, ON OR BEFORE
 JULY FIRST, TWO THOUSAND  TWENTY-TWO,  PROMULGATE  AMBIENT  AIR  QUALITY
 STANDARDS  FOR THE FOLLOWING TOXIC AIR CONTAMINANTS: BENZENE, FORMALDEH-
 YDE, VINYL  CHLORIDE,  POLYCHLORINATED  DIBENZODIOXINS,  POLYCHLORINATED
 DIBENZOFURANS,  TRICHLOROETHYLENE  AND  MERCURY.  SUCH  STANDARDS MAY BE
 HOURLY, ROLLING EIGHT-HOUR OR ANNUAL, OR  ANY  COMBINATION  THEREOF,  AS
 DETERMINED  BY  THE  DEPARTMENT  IN  CONSULTATION WITH THE DEPARTMENT OF
 HEALTH.
   B. THE AMBIENT AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS  SHALL
 BE  BASED ON THE BEST AVAILABLE SCIENTIFIC DATA CONCERNING THE POTENTIAL
 ADVERSE HUMAN HEALTH EFFECTS  OF  EACH  CONTAMINANT  AND  SHALL  PROTECT
 PUBLIC HEALTH WITH AN ADEQUATE MARGIN OF SAFETY.
   C.  THE  DEPARTMENT  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS AS
 DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   3. MONITORING AND REPORTING. A. THE  OWNER  OR  OPERATOR  OF  A  MAJOR
 SOURCE  LOCATED  IN  OR  ADJACENT  TO AN ENVIRONMENTAL JUSTICE COMMUNITY
 SHALL, NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-TWO, SUBMIT TO  THE
 DEPARTMENT  A PLAN TO INSTALL, OPERATE AND MAINTAIN A FENCELINE MONITOR-
 ING SYSTEM AT SUCH SOURCE TO MEASURE AMBIENT AIR CONCENTRATIONS OF  EACH
 TOXIC AIR CONTAMINANT THE SOURCE EMITS OR HAS THE POTENTIAL TO EMIT. THE
 DEPARTMENT  SHALL  REVIEW  AND  APPROVE  SUCH  PLAN WITHIN SIXTY DAYS OF
 RECEIPT.
   B. THE OWNER OR OPERATOR OF A MAJOR SOURCE SUBJECT TO THIS SUBDIVISION
 SHALL INSTALL, OPERATE AND MAINTAIN A FENCELINE MONITOR  SYSTEM  MEETING
 THE  REQUIREMENTS  OF  THIS  SUBDIVISION NO LATER THAN THIRTY DAYS AFTER
 APPROVAL OF THE FENCELINE MONITORING SYSTEM PLAN BY THE DEPARTMENT.
   C. THE OWNER OR OPERATOR OF A MAJOR SOURCE SUBJECT TO THIS SUBDIVISION
 SHALL SUBMIT TO THE DEPARTMENT, ON A QUARTERLY BASIS, A REPORT COMPARING
 THE FENCELINE MONITORING RESULTS WITH THE AMBIENT AIR QUALITY  STANDARDS
 FOR  EACH TOXIC AIR CONTAMINANT THE SOURCE EMITS OR HAS THE POTENTIAL TO
 EMIT. THE COMPARISON OF THE FENCELINE MONITORING RESULTS WITH THE  AMBI-
 ENT  AIR  QUALITY  STANDARDS  SHALL  NOT MAKE ADJUSTMENTS TO ACCOUNT FOR
 ACTUAL OR POTENTIAL OFFSITE UPWIND SOURCE OF TOXIC AIR CONTAMINANTS.
   D. THE QUARTERLY REPORTS REQUIRED BY THIS SUBDIVISION  SHALL  BE  MADE
 AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   4.  PROHIBITIONS.  A. NO PERSON SHALL EMIT OR CAUSE TO BE EMITTED FROM
 AN AIR CONTAMINATION SOURCE A TOXIC AIR  CONTAMINANT  IN  AN  AMOUNT  OR
 LEVEL THAT CAUSES OR CONTRIBUTES TO A VIOLATION OF AN AMBIENT AIR QUALI-
 TY STANDARD FOR THAT CONTAMINANT.
   B.  THE  DEPARTMENT  SHALL  NOT  ISSUE  A PERMIT, CERTIFICATE OR OTHER
 APPROVAL UNDER THIS ARTICLE TO THE OWNER OR OPERATOR OF A  MAJOR  SOURCE
 THAT  EMITS  OR HAS THE POTENTIAL TO EMIT A TOXIC AIR CONTAMINANT UNLESS
 THE SOURCE OWNER OR OPERATOR DEMONSTRATES THAT THE SOURCE'S EMISSIONS OF
 SUCH CONTAMINANT WILL NOT CAUSE OR CONTRIBUTE  TO  A  VIOLATION  OF  ANY
 APPLICABLE AMBIENT AIR QUALITY STANDARD FOR TOXIC AIR CONTAMINANTS.
   5. VIOLATIONS AND PENALTIES. A. ANY PERSON WHO VIOLATES AN AMBIENT AIR
 QUALITY FOR A TOXIC AIR CONTAMINANT OR FAILS TO PERFORM ANY DUTY IMPOSED
 BY  ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION SHALL BE
 SUBJECT TO THE CIVIL AND ADMINISTRATIVE SANCTIONS SET FORTH  IN  SECTION
 71-2113 OF THIS CHAPTER.
   B.  PENALTIES.  A  CIVIL  PENALTY  FOR VIOLATIONS OF THIS SECTION BY A
 MAJOR SOURCE SUBJECT TO THE PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION  SHALL  BE DEPOSITED INTO THE COMMUNITY BENEFIT FUND ESTABLISHED

 S. 4371                             3
 
 PURSUANT TO SECTION NINETY-SEVEN-CCC OF THE STATE FINANCE LAW,  PROVIDED
 HOWEVER, THAT DEPOSIT OF THE CIVIL PENALTY INTO A COMMUNITY BENEFIT FUND
 SHALL NOT DIMINISH THE PAYABLE PORTION OF SUCH CIVIL PENALTY.
   §  2.  The state finance law is amended by adding a new section 97-ccc
 to read as follows:
   § 97-CCC. COMMUNITY BENEFIT FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN
 THE  JOINT  CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF TAXATION AND
 FINANCE, AND THE COMMISSIONER OF ENVIRONMENTAL  CONSERVATION  A  SPECIAL
 FUND TO BE KNOWN AS THE COMMUNITY BENEFIT FUND.
   2.  SUCH  FUND SHALL CONSIST OF ALL MONEYS DEPOSITED PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION FIVE OF  SECTION  19-0329  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   3.  THE  MONEYS  IN  THE  FUND SHALL BE EXPENDED BY THE DEPARTMENT FOR
 ENVIRONMENTAL CONSERVATION FOR THE PURPOSE OF IMPLEMENTING ONE  OR  MORE
 ENVIRONMENTAL  BENEFIT PROJECTS THAT DIRECTLY AND VERIFIABLY BENEFIT THE
 ADJACENT ENVIRONMENTAL JUSTICE COMMUNITY.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL  CERTIFY TO THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
 OF THE ASSEMBLY, THE AMOUNT OF MONEY DEPOSITED BY  SOURCE  IN  THE  FUND
 DURING  THE  PRECEDING  CALENDAR YEAR, AS WELL AS ALL DISBURSEMENTS FROM
 THE FUND DURING THE PRECEDING CALENDAR YEAR.
   5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS CERTIFIED AND APPROVED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4371--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the environmental conservation law, in relation to emis-
   sions  of  toxic air contaminants; and to amend the state finance law,
   in relation to establishing the community benefit fund
 
   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 19-0329 to read as follows:
 § 19-0329. AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS.
   1. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE.
   B.  "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED BY
 A POVERTY RATE OF AT LEAST TWENTY PERCENT; OR AN UNEMPLOYMENT RATE OF AT
 LEAST ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  STATEWIDE  UNEMPLOYMENT
 RATE.
   C. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS IDENTIFIED IN THE DEFINITION
 OF  MINORITY  GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED
 TEN OF THE EXECUTIVE LAW.
   D.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED  OR  MINORITY  COMMUNITY AND INCLUDES, BUT IS NOT LIMITED TO,
 ENVIRONMENTAL JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   E. "FENCELINE" SHALL MEAN THE PROPERTY BOUNDARY OF A MAJOR SOURCE.
   F. "MAJOR SOURCE" SHALL MEAN STATIONARY AIR CONTAMINATION SOURCE  THAT
 EMITS  OR HAS THE POTENTIAL TO EMIT TEN TONS PER YEAR OR MORE OF A TOXIC
 AIR CONTAMINANT OR TWENTY-FIVE TONS PER YEAR OR MORE OF A COMBINATION OF
 TOXIC CONTAMINANTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08074-02-1
              

 S. 4371--A                          2
 
   G. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS  BLOCK  OR
 CENSUS  BLOCK  GROUP  THAT  INCLUDES  TWENTY-FIVE PERCENT OR MORE OF ANY
 ETHNIC GROUP.
   H.  "TOXIC  AIR  CONTAMINANT"  SHALL MEAN BENZENE, FORMALDEHYDE, VINYL
 CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLORINATED DIBENZOFURANS,
 TRICHLOROETHYLENE AND MERCURY.
   2. PROMULGATION OF STANDARDS. A. THE DEPARTMENT SHALL,  ON  OR  BEFORE
 JULY  FIRST,  TWO  THOUSAND  TWENTY-TWO,  PROMULGATE AMBIENT AIR QUALITY
 STANDARDS FOR THE FOLLOWING TOXIC AIR CONTAMINANTS: BENZENE,  FORMALDEH-
 YDE,  VINYL  CHLORIDE,  POLYCHLORINATED  DIBENZODIOXINS, POLYCHLORINATED
 DIBENZOFURANS, TRICHLOROETHYLENE AND  MERCURY.  SUCH  STANDARDS  MAY  BE
 HOURLY,  ROLLING  EIGHT-HOUR  OR  ANNUAL, OR ANY COMBINATION THEREOF, AS
 DETERMINED BY THE DEPARTMENT IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 HEALTH.
   B.  THE AMBIENT AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS SHALL
 BE BASED ON THE BEST AVAILABLE SCIENTIFIC DATA CONCERNING THE  POTENTIAL
 ADVERSE  HUMAN  HEALTH  EFFECTS  OF  EACH  CONTAMINANT AND SHALL PROTECT
 PUBLIC HEALTH WITH AN ADEQUATE MARGIN OF SAFETY.
   C. THE DEPARTMENT SHALL  PROMULGATE  SUCH  RULES  AND  REGULATIONS  AS
 DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   3.  MONITORING  AND  REPORTING.  A.  THE  OWNER OR OPERATOR OF A MAJOR
 SOURCE LOCATED IN OR ADJACENT  TO  AN  ENVIRONMENTAL  JUSTICE  COMMUNITY
 SHALL,  NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-TWO, SUBMIT TO THE
 DEPARTMENT A PLAN TO INSTALL, OPERATE AND MAINTAIN A FENCELINE  MONITOR-
 ING  SYSTEM AT SUCH SOURCE TO MEASURE AMBIENT AIR CONCENTRATIONS OF EACH
 TOXIC AIR CONTAMINANT THE SOURCE EMITS OR HAS THE POTENTIAL TO EMIT. THE
 DEPARTMENT SHALL REVIEW AND APPROVE  SUCH  PLAN  WITHIN  SIXTY  DAYS  OF
 RECEIPT.
   B. THE OWNER OR OPERATOR OF A MAJOR SOURCE SUBJECT TO THIS SUBDIVISION
 SHALL  INSTALL,  OPERATE AND MAINTAIN A FENCELINE MONITOR SYSTEM MEETING
 THE REQUIREMENTS OF THIS SUBDIVISION NO LATER  THAN  THIRTY  DAYS  AFTER
 APPROVAL OF THE FENCELINE MONITORING SYSTEM PLAN BY THE DEPARTMENT.
   C. THE OWNER OR OPERATOR OF A MAJOR SOURCE SUBJECT TO THIS SUBDIVISION
 SHALL SUBMIT TO THE DEPARTMENT, ON A QUARTERLY BASIS, A REPORT COMPARING
 THE  FENCELINE MONITORING RESULTS WITH THE AMBIENT AIR QUALITY STANDARDS
 FOR EACH TOXIC AIR CONTAMINANT THE SOURCE EMITS OR HAS THE POTENTIAL  TO
 EMIT.  THE COMPARISON OF THE FENCELINE MONITORING RESULTS WITH THE AMBI-
 ENT AIR QUALITY STANDARDS SHALL NOT  MAKE  ADJUSTMENTS  TO  ACCOUNT  FOR
 ACTUAL OR POTENTIAL OFFSITE UPWIND SOURCE OF TOXIC AIR CONTAMINANTS.
   D.  THE  QUARTERLY  REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE MADE
 AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   4. PROHIBITIONS. A. NO PERSON SHALL EMIT OR CAUSE TO BE  EMITTED  FROM
 AN  AIR  CONTAMINATION  SOURCE  A  TOXIC AIR CONTAMINANT IN AN AMOUNT OR
 LEVEL THAT CAUSES OR CONTRIBUTES TO A VIOLATION OF AN AMBIENT AIR QUALI-
 TY STANDARD FOR THAT CONTAMINANT.
   B. THE DEPARTMENT SHALL NOT  ISSUE  A  PERMIT,  CERTIFICATE  OR  OTHER
 APPROVAL  UNDER  THIS ARTICLE TO THE OWNER OR OPERATOR OF A MAJOR SOURCE
 THAT EMITS OR HAS THE POTENTIAL TO EMIT A TOXIC AIR  CONTAMINANT  UNLESS
 THE SOURCE OWNER OR OPERATOR DEMONSTRATES THAT THE SOURCE'S EMISSIONS OF
 SUCH  CONTAMINANT  WILL  NOT  CAUSE  OR CONTRIBUTE TO A VIOLATION OF ANY
 APPLICABLE AMBIENT AIR QUALITY STANDARD FOR TOXIC AIR CONTAMINANTS.
   5. VIOLATIONS AND PENALTIES. A. ANY PERSON WHO VIOLATES AN AMBIENT AIR
 QUALITY FOR A TOXIC AIR CONTAMINANT OR FAILS TO PERFORM ANY DUTY IMPOSED
 BY ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION SHALL  BE
 SUBJECT  TO  THE CIVIL AND ADMINISTRATIVE SANCTIONS SET FORTH IN SECTION
 71-2113 OF THIS CHAPTER.

 S. 4371--A                          3
 
   B. PENALTIES. A CIVIL PENALTY FOR VIOLATIONS  OF  THIS  SECTION  BY  A
 MAJOR  SOURCE  SUBJECT  TO  THE  PROVISIONS OF SUBDIVISION THREE OF THIS
 SECTION SHALL BE DEPOSITED INTO THE COMMUNITY BENEFIT  FUND  ESTABLISHED
 PURSUANT  TO SECTION NINETY-SEVEN-CCC OF THE STATE FINANCE LAW, PROVIDED
 HOWEVER, THAT DEPOSIT OF THE CIVIL PENALTY INTO A COMMUNITY BENEFIT FUND
 SHALL NOT DIMINISH THE PAYABLE PORTION OF SUCH CIVIL PENALTY.
   §  2.  The state finance law is amended by adding a new section 97-ccc
 to read as follows:
   § 97-CCC. COMMUNITY BENEFIT FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN
 THE  JOINT  CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF TAXATION AND
 FINANCE, AND THE COMMISSIONER OF ENVIRONMENTAL  CONSERVATION  A  SPECIAL
 FUND TO BE KNOWN AS THE COMMUNITY BENEFIT FUND.
   2.  SUCH  FUND SHALL CONSIST OF ALL MONEYS DEPOSITED PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION FIVE OF  SECTION  19-0329  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   3.  THE  MONEYS  IN  THE  FUND SHALL BE EXPENDED BY THE DEPARTMENT FOR
 ENVIRONMENTAL CONSERVATION FOR THE PURPOSE OF IMPLEMENTING ONE  OR  MORE
 ENVIRONMENTAL  BENEFIT PROJECTS THAT DIRECTLY AND VERIFIABLY BENEFIT THE
 ADJACENT ENVIRONMENTAL JUSTICE COMMUNITY.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL  CERTIFY TO THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
 OF THE ASSEMBLY, THE AMOUNT OF MONEY DEPOSITED BY  SOURCE  IN  THE  FUND
 DURING  THE  PRECEDING  CALENDAR YEAR, AS WELL AS ALL DISBURSEMENTS FROM
 THE FUND DURING THE PRECEDING CALENDAR YEAR.
   5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS CERTIFIED AND APPROVED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4371--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the environmental conservation law, in relation to emis-
   sions  of  toxic air contaminants; and to amend the state finance law,
   in relation to establishing the community benefit fund
 
   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 19-0329 to read as follows:
 § 19-0329. AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS.
   1. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE.
   B.  "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED BY
 A POVERTY RATE OF AT LEAST TWENTY PERCENT; OR AN UNEMPLOYMENT RATE OF AT
 LEAST ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  STATEWIDE  UNEMPLOYMENT
 RATE.
   C. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS IDENTIFIED IN THE DEFINITION
 OF  MINORITY  GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED
 TEN OF THE EXECUTIVE LAW.
   D.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED  OR  MINORITY  COMMUNITY AND INCLUDES, BUT IS NOT LIMITED TO,
 ENVIRONMENTAL JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   E. "FENCELINE" SHALL MEAN THE PROPERTY BOUNDARY OF A MAJOR SOURCE.
   F. "MAJOR SOURCE" SHALL MEAN STATIONARY AIR CONTAMINATION SOURCE  THAT
 EMITS  OR HAS THE POTENTIAL TO EMIT TEN TONS PER YEAR OR MORE OF A TOXIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08074-03-1
              

 S. 4371--B                          2
 
 AIR CONTAMINANT OR TWENTY-FIVE TONS PER YEAR OR MORE OF A COMBINATION OF
 TOXIC CONTAMINANTS.
   G.  "MINORITY  COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK OR
 CENSUS BLOCK GROUP THAT INCLUDES TWENTY-FIVE  PERCENT  OR  MORE  OF  ANY
 ETHNIC GROUP.
   H.  "TOXIC  AIR  CONTAMINANT"  SHALL MEAN BENZENE, FORMALDEHYDE, VINYL
 CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLORINATED DIBENZOFURANS,
 TRICHLOROETHYLENE AND MERCURY.
   2. PROMULGATION OF STANDARDS. A. THE DEPARTMENT SHALL,  ON  OR  BEFORE
 JULY  FIRST,  TWO  THOUSAND  TWENTY-TWO,  PROMULGATE AMBIENT AIR QUALITY
 STANDARDS FOR THE FOLLOWING TOXIC AIR CONTAMINANTS: BENZENE,  FORMALDEH-
 YDE,  VINYL  CHLORIDE,  POLYCHLORINATED  DIBENZODIOXINS, POLYCHLORINATED
 DIBENZOFURANS, TRICHLOROETHYLENE AND  MERCURY.  SUCH  STANDARDS  MAY  BE
 HOURLY,  ROLLING  EIGHT-HOUR  OR  ANNUAL, OR ANY COMBINATION THEREOF, AS
 DETERMINED BY THE DEPARTMENT IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 HEALTH.
   B.  THE AMBIENT AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS SHALL
 BE BASED ON THE BEST AVAILABLE SCIENTIFIC DATA CONCERNING THE  POTENTIAL
 ADVERSE  HUMAN  HEALTH  EFFECTS  OF  EACH  CONTAMINANT AND SHALL PROTECT
 PUBLIC HEALTH WITH AN ADEQUATE MARGIN OF SAFETY.
   C. THE DEPARTMENT SHALL  PROMULGATE  SUCH  RULES  AND  REGULATIONS  AS
 DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   3.  MONITORING  AND  REPORTING.  A.  THE  OWNER OR OPERATOR OF A MAJOR
 SOURCE LOCATED IN OR ADJACENT  TO  AN  ENVIRONMENTAL  JUSTICE  COMMUNITY
 SHALL,  NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-TWO, SUBMIT TO THE
 DEPARTMENT A PLAN TO INSTALL, OPERATE AND MAINTAIN A FENCELINE  MONITOR-
 ING  SYSTEM AT SUCH SOURCE TO MEASURE AMBIENT AIR CONCENTRATIONS OF EACH
 TOXIC AIR CONTAMINANT THE SOURCE EMITS OR HAS THE POTENTIAL TO EMIT. THE
 DEPARTMENT SHALL REVIEW AND APPROVE  SUCH  PLAN  WITHIN  SIXTY  DAYS  OF
 RECEIPT.
   B. THE OWNER OR OPERATOR OF A MAJOR SOURCE SUBJECT TO THIS SUBDIVISION
 SHALL  INSTALL,  OPERATE AND MAINTAIN A FENCELINE MONITOR SYSTEM MEETING
 THE REQUIREMENTS OF THIS SUBDIVISION NO LATER  THAN  THIRTY  DAYS  AFTER
 APPROVAL OF THE FENCELINE MONITORING SYSTEM PLAN BY THE DEPARTMENT.
   C. THE OWNER OR OPERATOR OF A MAJOR SOURCE SUBJECT TO THIS SUBDIVISION
 SHALL SUBMIT TO THE DEPARTMENT, ON A QUARTERLY BASIS, A REPORT COMPARING
 THE  FENCELINE MONITORING RESULTS WITH THE AMBIENT AIR QUALITY STANDARDS
 FOR EACH TOXIC AIR CONTAMINANT THE SOURCE EMITS OR HAS THE POTENTIAL  TO
 EMIT.  THE COMPARISON OF THE FENCELINE MONITORING RESULTS WITH THE AMBI-
 ENT AIR QUALITY STANDARDS SHALL NOT  MAKE  ADJUSTMENTS  TO  ACCOUNT  FOR
 ACTUAL OR POTENTIAL OFFSITE UPWIND SOURCE OF TOXIC AIR CONTAMINANTS.
   D.  THE  QUARTERLY  REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE MADE
 AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   E. THE DEPARTMENT MAY GRANT AN EXTENSION OF THE DEADLINE IN  PARAGRAPH
 (A)  OF THIS SUBDIVISION UPON A WRITTEN SHOWING BY THE OWNER OR OPERATOR
 OF A MAJOR SOURCE THAT COMPLIANCE WITH THE  MONITORING  REQUIREMENTS  OF
 THIS  SUBDIVISION  WILL CAUSE ECONOMIC HARDSHIP; PROVIDED, HOWEVER, THAT
 THE EXTENSION GRANTED  BY  THE  DEPARTMENT  SHALL  NOT  EXCEED  EIGHTEEN
 MONTHS.
   4.  PROHIBITIONS.  A. NO PERSON SHALL EMIT OR CAUSE TO BE EMITTED FROM
 AN AIR CONTAMINATION SOURCE A TOXIC AIR  CONTAMINANT  IN  AN  AMOUNT  OR
 LEVEL THAT CAUSES OR CONTRIBUTES TO A VIOLATION OF AN AMBIENT AIR QUALI-
 TY STANDARD FOR THAT CONTAMINANT.
   B.  THE  DEPARTMENT  SHALL  NOT  ISSUE  A PERMIT, CERTIFICATE OR OTHER
 APPROVAL UNDER THIS ARTICLE TO THE OWNER OR OPERATOR OF A  MAJOR  SOURCE
 THAT  EMITS  OR HAS THE POTENTIAL TO EMIT A TOXIC AIR CONTAMINANT UNLESS

 S. 4371--B                          3
 
 THE SOURCE OWNER OR OPERATOR DEMONSTRATES THAT THE SOURCE'S EMISSIONS OF
 SUCH CONTAMINANT WILL NOT CAUSE OR CONTRIBUTE  TO  A  VIOLATION  OF  ANY
 APPLICABLE AMBIENT AIR QUALITY STANDARD FOR TOXIC AIR CONTAMINANTS.
   5. VIOLATIONS AND PENALTIES. A. ANY PERSON WHO VIOLATES AN AMBIENT AIR
 QUALITY FOR A TOXIC AIR CONTAMINANT OR FAILS TO PERFORM ANY DUTY IMPOSED
 BY  ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION SHALL BE
 SUBJECT TO THE CIVIL AND ADMINISTRATIVE SANCTIONS SET FORTH  IN  SECTION
 71-2113 OF THIS CHAPTER.
   B.  PENALTIES.  A  CIVIL  PENALTY  FOR VIOLATIONS OF THIS SECTION BY A
 MAJOR SOURCE SUBJECT TO THE PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION  SHALL  BE DEPOSITED INTO THE COMMUNITY BENEFIT FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-SEVEN-CCC OF THE STATE FINANCE LAW,  PROVIDED
 HOWEVER, THAT DEPOSIT OF THE CIVIL PENALTY INTO A COMMUNITY BENEFIT FUND
 SHALL NOT DIMINISH THE PAYABLE PORTION OF SUCH CIVIL PENALTY.
   §  2.  The state finance law is amended by adding a new section 97-ccc
 to read as follows:
   § 97-CCC. COMMUNITY BENEFIT FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN
 THE  JOINT  CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF TAXATION AND
 FINANCE, AND THE COMMISSIONER OF ENVIRONMENTAL  CONSERVATION  A  SPECIAL
 FUND TO BE KNOWN AS THE COMMUNITY BENEFIT FUND.
   2.  SUCH  FUND SHALL CONSIST OF ALL MONEYS DEPOSITED PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION FIVE OF  SECTION  19-0329  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   3.  THE  MONEYS  IN  THE  FUND SHALL BE EXPENDED BY THE DEPARTMENT FOR
 ENVIRONMENTAL CONSERVATION FOR THE PURPOSE OF IMPLEMENTING ONE  OR  MORE
 ENVIRONMENTAL  BENEFIT PROJECTS THAT DIRECTLY AND VERIFIABLY BENEFIT THE
 ADJACENT ENVIRONMENTAL JUSTICE COMMUNITY.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL  CERTIFY TO THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
 OF THE ASSEMBLY, THE AMOUNT OF MONEY DEPOSITED BY  SOURCE  IN  THE  FUND
 DURING  THE  PRECEDING  CALENDAR YEAR, AS WELL AS ALL DISBURSEMENTS FROM
 THE FUND DURING THE PRECEDING CALENDAR YEAR.
   5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS CERTIFIED AND APPROVED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4371--D
     Cal. No. 1039
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, BAILEY, CLEARE, HINCHEY, HOYLMAN, MANNION,
   MAY, MYRIE, PARKER, RIVERA,  SANDERS,  SEPULVEDA  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Environmental Conservation  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Envi-
   ronmental  Conservation  in  accordance  with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the environmental conservation law, in relation to emis-
   sions of toxic air contaminants
 
   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 19-0330 to read as follows:
 § 19-0330. AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS.
   1. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE.
   B.  "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS IN SUBDI-
 VISION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
   C. "FENCELINE" SHALL MEAN THE PROPERTY BOUNDARY OF A MAJOR SOURCE.
   D.  "MAJOR SOURCE" SHALL MEAN STATIONARY AIR CONTAMINATION SOURCE THAT
 EMITS OR HAS THE POTENTIAL TO EMIT TEN TONS PER YEAR OR MORE OF A  TOXIC
 AIR CONTAMINANT OR TWENTY-FIVE TONS PER YEAR OR MORE OF A COMBINATION OF
 TOXIC CONTAMINANTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08074-12-2
              

 S. 4371--D                          2
 
   E.  "TOXIC  AIR  CONTAMINANT"  SHALL MEAN BENZENE, FORMALDEHYDE, VINYL
 CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLORINATED DIBENZOFURANS,
 TRICHLOROETHYLENE, MERCURY AND ANY OTHER SUBSTANCES ADDED BY THE DEPART-
 MENT.
   2.  PROMULGATION  OF  STANDARDS. A. THE DEPARTMENT SHALL, ON OR BEFORE
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, PROMULGATE AMBIENT AIR
 QUALITY STANDARDS FOR THE FOLLOWING  TOXIC  AIR  CONTAMINANTS:  BENZENE,
 FORMALDEHYDE,  VINYL CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLO-
 RINATED DIBENZOFURANS, TRICHLOROETHYLENE AND MERCURY. SUCH STANDARDS MAY
 BE HOURLY, ROLLING EIGHT-HOUR OR ANNUAL, OR ANY COMBINATION THEREOF,  AS
 DETERMINED  BY  THE  DEPARTMENT  IN  CONSULTATION WITH THE DEPARTMENT OF
 HEALTH.
   B. THE AMBIENT AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS  SHALL
 BE  BASED ON THE BEST AVAILABLE SCIENTIFIC DATA CONCERNING THE POTENTIAL
 ADVERSE HUMAN HEALTH EFFECTS OF EACH CONTAMINANT.
   3. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR,  THE  DEPARTMENT
 SHALL INCORPORATE TOXIC AIR CONTAMINANTS INTO EACH MAJOR SOURCE PERMIT.
   4. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE
 DEPARTMENT SHALL ESTABLISH REGULATIONS SPECIFYING WHEN AND HOW FENCELINE
 MONITORING WILL BE REQUIRED FOR TOXIC AIR CONTAMINANTS BY MAJOR SOURCES.
 SUCH REGULATIONS SHALL AT A MINIMUM TAKE INTO CONSIDERATION THE EXISTING
 AIR  QUALITY  AND  THE  MAJOR SOURCE'S PROXIMITY TO A LOCATION WITHIN OR
 ADJACENT TO A DISADVANTAGED COMMUNITY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.