NY State Senate Bill 2021-S4371C

Archive: Last Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	returned to senate passed assembly
Jun 01, 2022	ordered to third reading rules cal.530 substituted for a6150b
May 31, 2022	referred to ways and means delivered to assembly passed senate
May 24, 2022	amended on third reading (t) 4371d
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.1039
Feb 09, 2022	print number 4371c
Feb 09, 2022	amend and recommit to environmental conservation
Jan 05, 2022	referred to environmental conservation returned to senate died in assembly
Mar 24, 2021	referred to environmental conservation delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.340
Feb 04, 2021	print number 4371b
Feb 04, 2021	amend and recommit to environmental conservation print number 4371a
Feb 04, 2021	amend and recommit to environmental conservation
Feb 03, 2021	referred to environmental conservation

Votes

- May 31, 2022 - Floor Vote
  S4371C
  
  48
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (15)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
  May 3, 2022 - Environmental Conservation Committee Vote
  S4371C
  
  9
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 3, 2022
      
      aye (9)
      
      Harckham
      
      Hinchey
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Mannion
      
      May
      
      Palumbo
      
      Serrano
      
      nay (2)
      
      Ritchie
      
      Stec

Bill Amendments

Original

D (Active)

2021-S4371 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0330, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S4371

2021-S4371 - Summary

Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

2021-S4371 - Sponsor Memo

                                
 
BILL NUMBER: S4371

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish standards for and limits on the emissions of toxic air
contaminants, and to create a mechanism to enforce such limits via civil
and administrative penalties.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Environmental Conservation law by adding a new
section 19-0329.

Section 1 subdivision 1 defines the following. terms: "adjacent to",

"economically distressed area", "ethnic group", "environmental justice
community", "fenceline", "major source", "minority community", and
"toxic air contaminant".

Section 1 subdivision 2 requires the Department of Environmental Conser-
vation to promulgate standards for toxic air contaminants including
benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins,
polychlorinated dibenzofurans, trichloroethylene and mercury.

Section 1 subdivision 3 requires large air contamination sources located
near economically distressed or minority communities to install and
operate monitoring systems which measure the concentration levels of
these contaminants. It also requires owners of large air contamination
sources to submit publicly-accessible quarterly reports to the Depart-
ment of Environmental Conservation containing the results acquired by
these monitoring systems.

Section 1 subdivision 4 prohibits violation of the Department of Envi-
ronmental Conservation's standards, and permits the withholding of
permits or approvals based upon such violations.

Section 1 subdivision 5 permits both civil and administrative sanctions
as penalty for failure to comply with the requirements of this section.
Sanctions collected from major contamination sources for violation of
these air quality standards will be paid into a community benefit fund,
which will be used to implement environmental benefit projects in
economically distressed or minority communities located near such large
air contamination sources.

Section 2 amends the Finance law by adding a new section 97-ccc. This
section establishes a community benefit fund to be held in the custody
of the comptroller, the commissioner of taxation and finance,e and, he
commissioner of environmental conservation. The money in this fund may
net be distributed except upon completion of a voucher by the commis-
sioner of environmental conservation.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

This legislation is necessary to reduce emissions of toxic air contam-
inants in New York State, and lessen their impact in low income and
communities of color.

In the United States, low income communities and communities of color
are the socioeconomic groups most likely to inhale harmful air pollu-
tants.(1) While Caucasion people inhale 17* less air pollution than is
caused by their consumption of goods and services, African American and
Hispanics inhale an average of 56* and 63* more air pollution than is
caused by their consumption of goods and services.(2) Inhalation of
harmful air pollutants increases the risk of heart disease, cerebrovas-
cular disease, lower respiratory infection, lung cancer, and chronic
obstructive pulmonary disease while concurrently reducing life expectan-
cy.(3)

This inequity is illustrated by the dense concentration of industrial
facilities and highways located in the Bronx.(4) Such facilities produce
high levels of toxic air pollutants in the borough with the highest
poverty rate and highest minority-residency rate.(5) correspondence with
these high rates of toxic air pollutants, marginalized residents of the
Bronx are hospitalized for asthma, respiratory illness, and cardiovascu-
lar disease at a much higher rate than white residents in other sections
of the City.(6) This inequitable pollution pattern is replicated in
communities of color across New York State, including: Buffalo, Albany,
Rochester and Syracuse.(7) This legislation preserves and protects the
quality of air in New York State by limiting the emissions of toxic air
pollutants including benzene, formaldehyde, vinyl chloride, polychlori-
nated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene
and mercury through standards set by the Department of Environmental
Conservation. This legislation also provides a means for redressing the
disproportionate harm caused by toxic air pollutants to economically
distressed and racial-ethnic minority communities in its creation of a
community benefit fund. This fund will be financed by fees paid by
violators of the emission standards created herein, and will be applied
to the implementation of environmental projects to benefit affected
communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.
1 "Harmful air pollutants" in this context refers to Particulate Matter
("PM") particles which are 2.5 micrometers or less in diameter and can
thus be inhaled into the lungs. Environmental Protection Agency, "Parti-
culate Matter (PM2.5) Trends", ENVIRONMENTAL PROTECTION AGENCY, last
updated June 8, 2020, available at
https://www.epaqov/air-trends/particulate-matter-pm25-trends; Brandt,
Beck & Mersha, Air pollution, racial disparities, and COVID-19 mortal-
ity, 146 J. ALLERGY & CLINICAL IMMUNOLOGY 61, 61 (2020); see also
Tessum, et al, Inequity in consumption of goods and services adds to
racial-ethnic disparities in air pollution exposure, 116 P.N.A.C. 6001,
6001 (2019).
2 Tessum, et al., supra note 1 at 6001; see also Hazar Kilani, "'Asthma
alley': why minorities bear burden of pollution inequity caused by white
people", The Guardian, April 4, 2019.
3 Cohen, et al., Estimates and 25-year trends of the _global burden of
disease attributable to ambient air pollution: an analysis of data from
the Global Burden of Diseases Study 2015, 389 LANCET 1907, 1907, 1909
(2017).
4 Namratha Somayajula, "Air Pollution in US Exacerbates Covid-19
Dangers", HUMAN RIGHTS WATCH, April 20, 2020.
5 Union of Concerned Scientists, Inequitable Exposure to Air Pollution
from Vehicles in New York State, UNION OF CONCERNED SCIENTISTS USA
(2019).
6 New York City Department of Health and Mental Hygiene, Air Pollution
and the Health of New Yorkers: The Impact of Fine Particles and Ozone,
PLAN NYC.
7 Union of Concerned Scientists, supra note 5 at figure 1.  NEW YORK
STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accord-
ance with Assembly Rule III, Sec 1(f)

2021-S4371 - Bill Text download pdf

                            
 
                     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.

2021-S4371A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0330, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S4371

2021-S4371A - Summary

Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

2021-S4371A - Sponsor Memo

                                
 
BILL NUMBER: S4371A

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish standards for and limits on the emissions of toxic air
contaminants, and to create a mechanism to enforce such limits via civil
and administrative penalties.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Environmental Conservation law by adding a new
section 19-0329.

Section 1 subdivision 1 defines the following. terms: "adjacent to",

"economically distressed area", "ethnic group", "environmental justice
community", "fenceline", "major source", "minority community", and
"toxic air contaminant".

Section 1 subdivision 2 requires the Department of Environmental Conser-
vation to promulgate standards for toxic air contaminants including
benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins,
polychlorinated dibenzofurans, trichloroethylene and mercury.

Section 1 subdivision 3 requires large air contamination sources located
near economically distressed or minority communities to install and
operate monitoring systems which measure the concentration levels of
these contaminants. It also requires owners of large air contamination
sources to submit publicly-accessible quarterly reports to the Depart-
ment of Environmental Conservation containing the results acquired by
these monitoring systems.

Section 1 subdivision 4 prohibits violation of the Department of Envi-
ronmental Conservation's standards, and permits the withholding of
permits or approvals based upon such violations.

Section 1 subdivision 5 permits both civil and administrative sanctions
as penalty for failure to comply with the requirements of this section.
Sanctions collected from major contamination sources for violation of
these air quality standards will be paid into a community benefit fund,
which will be used to implement environmental benefit projects in
economically distressed or minority communities located near such large
air contamination sources.

Section 2 amends the Finance law by adding a new section 97-ccc. This
section establishes a community benefit fund to be held in the custody
of the comptroller, the commissioner of taxation and finance,e and, he
commissioner of environmental conservation. The money in this fund may
net be distributed except upon completion of a voucher by the commis-
sioner of environmental conservation.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

This legislation is necessary to reduce emissions of toxic air contam-
inants in New York State, and lessen their impact in low income and
communities of color.

In the United States, low income communities and communities of color
are the socioeconomic groups most likely to inhale harmful air pollu-
tants.(1) While Caucasion people inhale 17* less air pollution than is
caused by their consumption of goods and services, African American and
Hispanics inhale an average of 56* and 63* more air pollution than is
caused by their consumption of goods and services.(2) Inhalation of
harmful air pollutants increases the risk of heart disease, cerebrovas-
cular disease, lower respiratory infection, lung cancer, and chronic
obstructive pulmonary disease while concurrently reducing life expectan-
cy.(3)

This inequity is illustrated by the dense concentration of industrial
facilities and highways located in the Bronx.(4) Such facilities produce
high levels of toxic air pollutants in the borough with the highest
poverty rate and highest minority-residency rate.(5) correspondence with
these high rates of toxic air pollutants, marginalized residents of the
Bronx are hospitalized for asthma, respiratory illness, and cardiovascu-
lar disease at a much higher rate than white residents in other sections
of the City.(6) This inequitable pollution pattern is replicated in
communities of color across New York State, including: Buffalo, Albany,
Rochester and Syracuse.(7) This legislation preserves and protects the
quality of air in New York State by limiting the emissions of toxic air
pollutants including benzene, formaldehyde, vinyl chloride, polychlori-
nated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene
and mercury through standards set by the Department of Environmental
Conservation. This legislation also provides a means for redressing the
disproportionate harm caused by toxic air pollutants to economically
distressed and racial-ethnic minority communities in its creation of a
community benefit fund. This fund will be financed by fees paid by
violators of the emission standards created herein, and will be applied
to the implementation of environmental projects to benefit affected
communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.
(1) "Harmful air pollutants" in this context refers to Particulate
Matter ("PM") particles which are 2.5 micrometers or less in diameter
and can thus be inhaled into the lungs. Environmental Protection Agency,
"Particulate Matter (PM2.5) Trends", ENVIRONMENTAL PROTECTION AGENCY,
last updated June 8, 2020, available at
https://www.epagov/air-trends/particulate-matter-pm25-trends; Brandt,
Beck & Mersha, Air pollution, racial disparities, and COVID-19 mortal-
ity, 146 J. ALLERGY & CLINICAL IMMUNOLOGY 61, 61 (2020); see also
Tessum, et al, Inequity in consumption of goods and services adds to
racial-ethnic disparities in air pollution exposure, 116 P.N.A.C. 6001,
6001 (2019).
(2) Tessum, et al., supra note 1 at 6001; see also Hazar Kilani, "'Asth-
ma alley': why minorities bear burden of pollution inequity caused by
white people", The Guardian, April 4, 2019.
(3) Cohen, et al., Estimates and 25-year trends of the _global burden of
disease attributable to ambient air pollution: an analysis of data from
the Global Burden of Diseases Study 2015, 389 LANCET 1907, 1907, 1909
(2017).
(4) Namratha Somayajula, "Air Pollution in US Exacerbates Covid-19
Dangers", HUMAN RIGHTS WATCH, April 20, 2020.
(5) Union of Concerned Scientists, Inequitable Exposure to Air Pollution
from Vehicles in New York State, UNION OF CONCERNED SCIENTISTS USA
(2019).
(6) New York City Department of Health and Mental Hygiene, Air Pollution
and the Health of New Yorkers: The Impact of Fine Particles and Ozone,
PLAN NYC.
(7) Union of Concerned Scientists, supra note 5 at figure 1. NEW YORK
STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accord-
ance with Assembly Rule III, Sec 1(f)

2021-S4371A - Bill Text download pdf

                            
 
                     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.

co-Sponsors

2021-S4371B - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0330, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S4371

2021-S4371B - Summary

Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

2021-S4371B - Sponsor Memo

                                
 
BILL NUMBER: S4371B

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish standards for and limits on the emissions of toxic air
contaminants, and to create a mechanism to enforce such limits via civil
and administrative penalties.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Environmental Conservation law by adding a new
section 19-0329.

Section 1 subdivision 1 defines the following. terms: "adjacent to",

"economically distressed area", "ethnic group", "environmental justice
community", "fenceline", "major source", "minority community", and
"toxic air contaminant".

Section 1 subdivision 2 requires the Department of Environmental Conser-
vation to promulgate standards for toxic air contaminants including
benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins,
polychlorinated dibenzofurans, trichloroethylene and mercury.

Section 1 subdivision 3 requires large air contamination sources located
near economically distressed or minority communities to install and
operate monitoring systems which measure the concentration levels of
these contaminants. It also requires owners of large air contamination
sources to submit publicly-accessible quarterly reports to the Depart-
ment of Environmental Conservation containing the results acquired by
these monitoring systems.

Section 1 subdivision 4 prohibits violation of the Department of Envi-
ronmental Conservation's standards, and permits the withholding of
permits or approvals based upon such violations.

Section 1 subdivision 5 permits both civil and administrative sanctions
as penalty for failure to comply with the requirements of this section.
Sanctions collected from major contamination sources for violation of
these air quality standards will be paid into a community benefit fund,
which will be used to implement environmental benefit projects in
economically distressed or minority communities located near such large
air contamination sources.

Section 2 amends the Finance law by adding a new section 97-ccc. This
section establishes a community benefit fund to be held in the custody
of the comptroller, the commissioner of taxation and finance,e and, he
commissioner of environmental conservation. The money in this fund may
net be distributed except upon completion of a voucher by the commis-
sioner of environmental conservation.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

This legislation is necessary to reduce emissions of toxic air contam-
inants in New York State, and lessen their impact in low income and
communities of color.

In the United States, low income communities and communities of color
are the socioeconomic groups most likely to inhale harmful air pollu-
tants.(1) While Caucasion people inhale 17* less air pollution than is
caused by their consumption of goods and services, African American and
Hispanics inhale an average of 56* and 63* more air pollution than is
caused by their consumption of goods and services.(2) Inhalation of
harmful air pollutants increases the risk of heart disease, cerebrovas-
cular disease, lower respiratory infection, lung cancer, and chronic
obstructive pulmonary disease while concurrently reducing life expectan-
cy.(3) This inequity is illustrated by the dense concentration of indus-
trial facilities and highways located in the Bronx.(4) Such facilities
produce high levels of toxic air pollutants in the borough with the
highest poverty rate and highest minority-residency rate.(5) correspond-
ence with these high rates of toxic air pollutants, marginalized resi-
dents of the Bronx are hospitalized for asthma, respiratory illness, and
cardiovascular disease at a much higher rate than white residents in
other sections of the City.(6) This inequitable pollution pattern is
replicated in communities of color across New York State, including:
Buffalo, Albany, Rochester and Syracuse.(7) This legislation preserves
and protects the quality of air in New York State by limiting the emis-
sions of toxic air pollutants including benzene, formaldehyde, vinyl
chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans,
trichloroethylene and mercury through standards set by the Department of
Environmental Conservation. This legislation also provides a means for
redressing the disproportionate harm caused by toxic air pollutants to
economically distressed and racial-ethnic minority communities in its
creation of a community benefit fund. This fund will be financed by fees
paid by violators of the emission standards created herein, and will be
applied to the implementation of environmental projects to benefit
affected communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.  (1) "Harmful air pollutants" in this context refers to
Particulate Matter ("PM") particles which are 2.5 micrometers or less in
diameter and can thus be inhaled into the lungs. Environmental
Protection Agency, "Particulate Matter (PM2.5) Trends", ENVIRONMENTAL
PROTECTION AGENCY, last updated June 8, 2020, available at
https://www.epagov/air-trends/particulate-matter-pm25-trends; Brandt,
Beck & Mersha, Air pollution, racial disparities, and COVID-19 mortal-
ity, 146 J. ALLERGY & CLINICAL IMMUNOLOGY 61, 61 (2020); see also
Tessum, et al, Inequity in consumption of goods and services adds to
racial-ethnic disparities in air pollution exposure, 116 P.N.A.C. 6001,
6001 (2019).
(2) Tessum, et al., supra note 1 at 6001; see also Hazer Kilani, "'Asth-
ma alley': why minorities bear burden of pollution inequity caused by
white people", The Guardian, April 4, 2019.
(3) Cohen, et al., Estimates and 25-year trends of the global burden of
disease attributable to ambient air pollution: an analysis of data from
the Global Burden of Diseases Study 2015, 389 LANCET 1907, 1907, 1909
(2017).
(4) Namratha Somayajula, "Air Pollution in US Exacerbates Covid-19
Dangers", HUMAN RIGHTS WATCH, April 20, 2020.
(5) Union of Concerned Scientists, Inequitable Exposure to Air Pollution
from Vehicles in New York State, UNION OF CONCERNED SCIENTISTS USA
(2019).
(6) New York City Department of Health and Mental Hygiene, Air Pollution
and the Health of New Yorkers: The Impact of Fine Particles and Ozone,
PLAN NYC.
(7) Union of Concerned Scientists, supra note 5 at figure 1. NEW YORK
STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accord-
ance with Assembly Rule III, Sec 1(f)

2021-S4371B - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2021-S4371C - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0330, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S4371

2021-S4371C - Summary

Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

2021-S4371C - Sponsor Memo

                                 
BILL NUMBER: S4371C

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to emissions of toxic air contaminants; and to amend the state
finance law, in relation to establishing the community benefit fund

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish standards for and limits on the emissions of toxic air
contaminants, and to create a mechanism to enforce such limits via civil
and administrative penalties.

Section 1 amends the Environmental Conservation law by adding a new
section 19-0329.

Section 1 subdivision 1 defines the following terms: "adjacent to",
"disadvantaged community", "fenceline", "major source", "minority commu-
nity", and "toxic air contaminant".

Section 1 subdivision 2 requires the Department of Environmental Conser-
vation to promulgate standards for toxic air contaminants including
benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins,

polychlorinated dibenzofurans, trichloroethylene and mercury.

Section 1 subdivision 3 requires large air contamination sources located
near economically distressed or minority communities to install and
operate monitoring systems which measure the concentration levels of
these contaminants. It also requires owners of large air contamination
sources to submit publicly-accessible quarterly reports to the Depart-
ment of Environmental Conservation containing the results acquired by
these monitoring systems.

Section 1 subdivision 4 prohibits violation of the Department of Envi-
ronmental Conservation's standards, and permits the withholding of
permits or approvals based upon such violations.

Section 1 subdivision 5 permits both civil and administrative sanctions
as penalty for failure to comply with the requirements of this section.
Sanctions collected from major contamination sources for violation of
these air quality standards will be paid into a community benefit fund,
which will be used to implement environmental benefit projects in disad-
vantaged communities located near such large air contamination sources.

Section 2 amends the Finance law by adding a new section 97-ccc. This
section establishes a community benefit fund to be held in the custody
of the comptroller, the commissioner of taxation and finance, and the
commissioner of environmental conservation. The money in this fund may
not be distributed except upon completion of a voucher by the commis-
sioner of environmental conservation.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

This legislation is necessary to reduce emissions of toxic air contam-
inants in New York State, and lessen their impact in low income and
communities of color.  In the United States, low income communities and
communities of color are the socioeconomic groups most likely to inhale
harmful air pollutants. (1) While white people inhale 17% less air
pollution than is caused by their consumption of goods and services,
African American and Hispanics inhale an average of 56% and 63% more air
pollution than is caused by their consumption of goods and services. (2)
Inhalation of harmful air pollutants increases the risk of heart
disease, cerebrovascular disease, lower respiratory infection, lung
cancer, and chronic obstructive pulmonary disease while concurrently
reducing life expectancy. (3) This inequity is illustrated by the dense
concentration of industrial facilities and highways located in the
Bronx. (4) Such facilities produce high levels of toxic air pollutants
in the borough with the highest poverty rate and highest minority-resi-
dency rate. (5) In correspondence with these high rates of toxic air
pollutants, marginalized residents of the Bronx are hospitalized for
asthma, respiratory illness, and cardiovascular disease at a much higher
rate than white residents in other sections of the City. (6) This ineq-
uitable pollution pattern is replicated in communities of color across
New York State, including: Buffalo, Albany, Rochester and Syracuse.(7)

This legislation preserves and protects the quality of air in New York
State by limiting the emissions of toxic air pollutants including
benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins,
polychlorinated dibenzofurans, trichloroethylene and mercury through
standards set by the Department of Environmental Conservation. This
legislation also provides a means for redressing the disproportionate
harm caused by toxic air pollutants to disadvantaged communities in its
creation of a community benefit fund. This fund will be financed by fees
paid by violators of the emission standards created herein, and will be
applied to the implementation of environmental projects to benefit
affected communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

None to the State.

 
EFFECTIVE DATE:
Immediately.
  1  "Harmful  air  pollutants"  in  this  context refers to Particulate
Matter ("PM") particles which are 2.5 micrometers or  less  in  diameter
and can thus be inhaled into the lungs. Environmental Protection Agency,
"Particulate  Matter  (PM2.5)  Trends", ENVIRONMENTAL PROTECTION AGENCY,
last      updated      June      8,       2020,       available       at
https://www.epa.gov/air-trends/barticulate-matter-pm25-trends;   Brandt,
Beck & Mersha, Air pollution, racial disparities, and  COVID-19  mortal-
ity, 146 J. ALLERGY & CLINICAL IMMUNOLOGY 61, 61
(2020);  see  also  Tessum,  et al, Inequity in consumption of goods and
services adds to racial-ethnic disparities in air pollution exposure,116
P.N.A.C. 6001,6001 (2019).  2 Tessum, etal., supra note 1 at  6001;  see
also  Hazar  Kilani,  "'Asthma  alley':  why  minorities  bear burden of
pollution inequity caused by white people", The Guardian, April 4, 2019.
3 Cohen, et al., Estimates and 25-year trends of tba  global  burden  of
disease  attributable to ambient air pollution: an analysis of data from
the Global Burden ,-)r D',T _-,F2E.æs Study 2015, 389 LANCET  1907,1907,
1909  (2017).  4 Namratha Som ayajula, "Air Pollution in US F.Yacerbates
Covid-1 9 Dangers", HUMAN RIGHTS WATCH, April 20,  2020.    5  Union  of
Concerned  Scientists,  Inequitable Exposure to Air Pollution from Vehi-
cles in New York State, UNION OF CONCERNED SCIENTISTS USA
(2019).    6 New York City Departrnent of Health and Mental Hygiene, Air
Pollution and the Health of New Yorkers: The Impact  of  Fine  Particles
and  Ozone,  PLAN NYC.  7 Union of Concerned Scientists, supra note 5 at
figure 1.

2021-S4371C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4371--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, HINCHEY, HOYLMAN, MAY, PARKER, SANDERS --
   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 Environmental Conservation in accordance with Senate Rule
   6,  sec. 8 -- 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 19-0330 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.
   E. "TOXIC AIR CONTAMINANT" SHALL  MEAN  BENZENE,  FORMALDEHYDE,  VINYL
 CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLORINATED DIBENZOFURANS,
 TRICHLOROETHYLENE AND MERCURY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08074-05-2
 S. 4371--C                          2

 
   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 A DISADVANTAGED COMMUNITY SHALL, NO
 LATER THAN JULY FIRST, TWO THOUSAND TWENTY-TWO, SUBMIT TO THE DEPARTMENT
 A PLAN TO INSTALL, OPERATE AND MAINTAIN A FENCELINE MONITORING SYSTEM AT
 SUCH SOURCE TO MEASURE AMBIENT AIR  CONCENTRATIONS  OF  EACH  TOXIC  AIR
 CONTAMINANT  THE  SOURCE EMITS OR HAS THE POTENTIAL TO EMIT. THE DEPART-
 MENT 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
 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
 S. 4371--C                          3
 
 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  19-0330  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 DISADVANTAGED 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.

co-Sponsors

View additional co-sponsors

2021-S4371D (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §19-0330, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S4371

2021-S4371D (ACTIVE) - Summary

Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

2021-S4371D (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4371D

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to emis-
sions of toxic air contaminants

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish standards for and limits on the emissions of toxic air
contaminants.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Environmental Conservation law by adding a new
section 19-0329 requiring the Department of Environmental Conservation
to promulgate standards for toxic air contaminants including benzene,
formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlo-
rinated dibenzofurans, trichioroethylene and mercury.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

This legislation is necessary to reduce emissions of toxic air contam-
inants in New York State, and lessen their impact in low income and
communities of color.

In the United States, low income communities and communities of color
are the socioeconomic groups most likely to inhale harmful air pollu-
tants.(1) While white people inhale 17% less air pollution than is
caused by their consumption of goods and services, African American and
Hispanics inhale an average of 56% and 63% more air pollution than is
caused by their consumption of goods and services.(2) Inhalation of
harmful air pollutants increases the risk of heart disease, cerebrovas-
cular disease, lower respiratory infection, lung cancer, and chronic
obstructive pulmonary disease while concurrently reducing life expectan-
cy.(3)

This inequity is illustrated by the dense concentration of industrial
facilities and highways located in the Bronx.(4) Such facilities produce
high levels of toxic air pollutants in the borough with the highest
poverty rate and highest minority-residency rate.(5) In correspondence
with these high rates of toxic air pollutants, marginalized residents of
the Bronx are hospitalized for asthma, respiratory illness, and cardio-
vascular disease at a much higher rate than white residents in other
sections of the City.(6) This inequitable pollution pattern is repli-
cated in communities of color across New York State, including: Buffalo,
Albany, Rochester and Syracuse.(7)

This legislation preserves and protects the quality of air in New York
State by limiting the emissions of toxic air pollutants including
benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins,
polychlorinated dibenzofurans, trichloroethylene and mercury through
standards set by the Department of Environmental Conservation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.
(1) "Harmful air pollutants" in this context refers to Particulate
Matter ("PM") particles which are 2.5 micrometers or less in diameter
and can thus be inhaled into the lungs. Environmental Protection Agency,
"Particulate Matter (PM2.5) Trends", ENVIRONMENTAL PROTECTION AGENCY,
last updated June 8, 2020, available at  
HTTPS:/WWW.EPA.00V/AIR-TRENDS/
PARTICULATE-MATTER-PM25-TRENDS Brandt, Beck & Mersha,  
AIR POLLUTION
RACIAL DISPARITIES. AND COVID-19 MORTALITY, 146 J. ALLERGY & CLINICAL
IMMUNOLOGY 61, 61 (2020); see also Tessum, eta!,  
INEQUITY IN CONSUMP-
TION OF GOODS AND SERVICES ADDS TO RACIAL-ETHNIC DISPARITIES IN AIRPOL-
LUTION EXPOSURE, 116 P.NA.C. 6001,6001 (2019).
(2) Tessum, etal., supra note 1 at 6001; see also Hazer Kilani," 
ASTHM A
ALLEY': WHY MINORITIES BEAR BURDEN OF POLLUTION INEQUITY CAUSED BY WHITE
PEOPLE", The Guardian, April 4, 2019.
(3) Cohen, et al.,  
ESTIMATES AND 25 YEAR TRENDS OF THE GLOBAL BURDEN OF
DISEASE ATTRIBUTABLE TO AMBIENT AIR POLLUTION: AN ANALYSIS OF DATA FROM
THE GLOBAL BURDEN OF DISEASES STUDY 2015 389 LANCET 1907, 1907, 1909
(2017).
(4) Namratha Somayajula, " 
AIR POLLUTION IN US EXACERBATES COVID-1 9
DANGERS", HUMAN RIGHTS WATCH, April 20, 2020.
(5) Union of Concerned Scientists,  
INEQUITABLE EXPOSURE TO AIR
POLLUTION FROM VEHICLES IN NEW YORK STATE UNION OF CONCERNED SCIENTISTS
USA (2019).
(6) New York City Department of Health and Mental Hygiene.  
AIR
POLLUTION AND THE HEALTH OF NEW YORKERS: THE IMPACT OF FINE PARTICLES
AND OZONE, PLAN NYC.
(7) Union of Concerned Scientists, supra note 5 at figure 1.

2021-S4371D (ACTIVE) - Bill Text download pdf

                             
                     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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4371C

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

May 31, 2022 - Floor Vote

Floor Vote: May 31, 2022

May 3, 2022 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 3, 2022

Bill Amendments

2021-S4371 - Details

2021-S4371 - Summary

2021-S4371 - Sponsor Memo

2021-S4371 - Bill Text download pdf

2021-S4371A - Details

2021-S4371A - Summary

2021-S4371A - Sponsor Memo

2021-S4371A - Bill Text download pdf

co-Sponsors

2021-S4371B - Details

2021-S4371B - Summary

2021-S4371B - Sponsor Memo

2021-S4371B - Bill Text download pdf

co-Sponsors

2021-S4371C - Details

2021-S4371C - Summary

2021-S4371C - Sponsor Memo

2021-S4371C - Bill Text download pdf

co-Sponsors

2021-S4371D (ACTIVE) - Details

2021-S4371D (ACTIVE) - Summary

2021-S4371D (ACTIVE) - Sponsor Memo

2021-S4371D (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4371C

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

Bill Amendments

2021-S4371 - Details

2021-S4371 - Summary

2021-S4371 - Sponsor Memo

2021-S4371 - Bill Text download pdf

2021-S4371A - Details

2021-S4371A - Summary

2021-S4371A - Sponsor Memo

2021-S4371A - Bill Text download pdf

co-Sponsors

2021-S4371B - Details

2021-S4371B - Summary

2021-S4371B - Sponsor Memo

2021-S4371B - Bill Text download pdf

co-Sponsors

2021-S4371C - Details

2021-S4371C - Summary

2021-S4371C - Sponsor Memo

2021-S4371C - Bill Text download pdf

co-Sponsors

2021-S4371D (ACTIVE) - Details

2021-S4371D (ACTIVE) - Summary

2021-S4371D (ACTIVE) - Sponsor Memo

2021-S4371D (ACTIVE) - Bill Text download pdf

Comments