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.