Senate Bill S4371B

2021-2022 Legislative Session

Relates to emissions of toxic air contaminants

download bill text pdf

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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

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Bill Amendments

2021-S4371 - Details

See Assembly Version of this Bill:
A6150
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0329, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2023-2024 Legislative Session:
S3328, A7363

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

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
              

2021-S4371A - Details

See Assembly Version of this Bill:
A6150
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0329, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2023-2024 Legislative Session:
S3328, A7363

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

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
              

co-Sponsors

2021-S4371B - Details

See Assembly Version of this Bill:
A6150
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0329, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2023-2024 Legislative Session:
S3328, A7363

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

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
              

co-Sponsors

2021-S4371C - Details

See Assembly Version of this Bill:
A6150
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0329, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2023-2024 Legislative Session:
S3328, A7363

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

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
              

co-Sponsors

2021-S4371D (ACTIVE) - Details

See Assembly Version of this Bill:
A6150
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0329, En Con L; add §97-ccc, St Fin L
Versions Introduced in 2023-2024 Legislative Session:
S3328, A7363

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

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
              

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