S T A T E O F N E W Y O R K
________________________________________________________________________
934
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. KAPLAN, LIU, SANDERS -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to airport noise
studies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 13 of the public health law is amended by adding a
new title 14 to read as follows:
TITLE XIV
AIRPORT NOISE STUDIES
SECTION 1389-HH. LEGISLATIVE FINDINGS AND PURPOSES.
1389-II. DEFINITIONS.
1389-JJ. AIRPORT NOISE STUDIES.
§ 1389-HH. LEGISLATIVE FINDINGS AND PURPOSES. 1. THE LEGISLATURE HERE-
BY FINDS, DETERMINES, AND DECLARES THAT NOISE POLLUTION CAUSES A VARIETY
OF ADVERSE HUMAN HEALTH IMPACTS, MANY OF WHICH ARE RELATED TO NOISE
INDUCED STRESS INCLUDING HEARING LOSS, HYPERTENSION, TACHYCARDIA,
INCREASED CORTISOL RELEASE, SLEEP DISRUPTION, AND COGNITIVE IMPAIRMENT.
2. THE LEGISLATURE FURTHER FINDS AND RECOGNIZES THAT THE FEDERAL ENVI-
RONMENTAL PROTECTION AGENCY AND THE WORLD HEALTH ORGANIZATION HAVE
RECOMMENDED A FIFTY-FIVE DAY-NIGHT AVERAGE SOUND LEVEL (DNL) NOISE EXPO-
SURE LEVEL TO PROTECT THE PUBLIC FROM ADVERSE HUMAN HEALTH IMPACTS.
3. THE LEGISLATURE FURTHER FINDS AND RECOGNIZES THAT THE FEDERAL
AVIATION ADMINISTRATION ACCEPTS AS A METRIC FOR DETERMINING NOISE
IMPACTS THE COMMUNITY NOISE EQUIVALENT LEVEL (CNEL).
4. THE LEGISLATURE FURTHER FINDS THAT THE COMMUNITY NOISE EQUIVALENT
LEVEL (CNEL) INCLUDES A PENALTY FOR INCREASED SENSITIVITY TO NOISE
OCCURRING DURING EVENING HOURS WHICH ARE SET ASIDE FOR FAMILY AND
STUDENT STUDY TIME.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05541-01-1
S. 934 2
5. FOR THESE PURPOSES, THERE SHALL BE ESTABLISHED A UNIFORM METRIC FOR
MEASURING NOISE IMPACTS THAT WILL BE USED BY AIRPORTS IN NEW YORK STATE
FOR THE PURPOSE OF NOISE EXPOSURE MAPS (NEMS) AND NOISE COMPATIBILITY
PROGRAMS (NCPS).
§ 1389-II. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
1. "COMMUNITY NOISE EQUIVALENT LEVEL" (CNEL) MEANS, IN DECIBELS, THE
AVERAGE DAYTIME NOISE LEVEL DURING A TWENTY-FOUR HOUR PERIOD, ADJUSTED
TO ACCOUNT FOR THE LOWER TOLERANCE OF NOISE DURING EVENING AND NIGHTTIME
PERIODS IN RELATION TO DAYTIME PERIODS.
2. "HOURLY NOISE LEVEL DAYTIME" (HNLD) MEANS, IN DECIBELS, THE HOURLY
NOISE LEVELS FOR THE HOURS OF 0700-1900.
3. "HOURLY NOISE LEVEL EVENING" (HNLE) MEANS, IN DECIBELS, THE HOURLY
NOISE LEVELS FOR THE HOURS OF 1900-2200.
4. "HOURLY NOISE LEVEL NIGHTTIME" (HNLN) MEANS, IN DECIBELS, THE HOUR-
LY NOISE LEVELS FOR THE HOURS OF 2200-0700.
§ 1389-JJ. AIRPORT NOISE STUDIES. 1. FOR THE PURPOSE OF AIRPORT NOISE
STUDIES, ALL CONTOUR MAPS SHALL BE COMPLETED USING THE COMMUNITY NOISE
EQUIVALENT LEVEL. THIS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
FEDERAL AVIATION REGULATION PART ONE HUNDRED FIFTY STUDIES, AIRPORT
NOISE EXPOSURE MAPS (NEMS), AND AIRPORT NOISE COMPATIBILITY PROGRAMS
(NCPS).
2. THE COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) SHALL BE CALCULATED BY
THE FOLLOWING: CNEL = 10 LOG (1/24) ({SIGMA} ANTILOG (HNLD/10) + 3
{SIGMA} ANTILOG (HNLE/10) + 10 {SIGMA} ANTILOG (HNLN/10)).
§ 2. This act shall take effect immediately.