S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6150--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. SEPTIMO, MAMDANI, ANDERSON, FERNANDEZ, SIMON,
   SILLITTI, EPSTEIN, GOTTFRIED, SOLAGES, FORREST, JACKSON,  GONZALEZ-RO-
   JAS,  DARLING,  L. ROSENTHAL,  KELLES,  SEAWRIGHT  --  read  once  and
   referred to the Committee on Environmental Conservation -- recommitted
   to the Committee on  Environmental  Conservation  in  accordance  with
   Assembly Rule 3, sec. 2 -- 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08074-06-2
              

 A. 6150--A                          2
 
 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
 SECTION SHALL BE DEPOSITED INTO THE COMMUNITY BENEFIT  FUND  ESTABLISHED
 PURSUANT  TO SECTION NINETY-SEVEN-CCC OF THE STATE FINANCE LAW, PROVIDED
 A. 6150--A                          3
 
 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6150--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. SEPTIMO, MAMDANI, ANDERSON, FERNANDEZ, SIMON,
   SILLITTI, EPSTEIN, GOTTFRIED, SOLAGES, FORREST, JACKSON,  GONZALEZ-RO-
   JAS,  DARLING,  L. ROSENTHAL,  KELLES,  SEAWRIGHT  --  read  once  and
   referred to the Committee on Environmental Conservation -- recommitted
   to the Committee on  Environmental  Conservation  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  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
 
   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, MERCURY AND ANY OTHER SUBSTANCES ADDED BY THE DEPART-
 MENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08074-11-2
 A. 6150--B                          2
              

 
   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.