Assembly Bill A7700

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7700
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the public health
   law, in relation to establishing environmental standards for  lead  in
   ambient  air  and  lead contamination in soils and lead dust on floors
   and window sills

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings. The legislature finds and declares
 that there is a present  need  to  establish  New  York  standards  with
 respect  to  lead levels in ambient air and levels of lead contamination
 in soils and lead dust on floors and window sills. The legislature finds
 that the current regulatory standards  are  inadequate  to  protect  the
 general  public  and  particularly  children from the harmful effects of
 ingesting or inhaling lead dust and coming into  contact  with  lead  on
 exposed  surfaces. The legislature declares that it shall be the respon-
 sibility of the commissioner of environmental conservation, in consulta-
 tion with the commissioner of health, to adopt  standards  for  lead  in
 ambient  air and lead contamination of soil and lead dust on windows and
 floors, in a manner that would be fully protective of children's health,
 and in accordance with the procedures set  forth  in  the  environmental
 conservation law.
   §  2.   Subdivision 1 of section 3-0301 of the environmental conserva-
 tion law is amended by adding a new paragraph nn to read as follows:
   NN. IN CONSULTATION WITH THE COMMISSIONER OF HEALTH PURSUANT TO SUBDI-
 VISION THIRTY-TWO OF SECTION TWO HUNDRED SIX OF THE PUBLIC  HEALTH  LAW,
 AND  IN  ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
 THE COMMISSIONER SHALL ADOPT ENVIRONMENTAL  STANDARDS  AND  THOSE  RULES
 HAVING  THE  FORCE AND EFFECT OF STANDARDS AND CRITERIA TO CARRY OUT THE
 PURPOSES OF SUCH STANDARDS, WHICH SHALL REQUIRE:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04790-04-3
 A. 7700                             2
              

 
   (1) THAT AREAS CONTAINING LEAD CONTAMINATED SOIL SHALL HAVE LEVELS  OF
 LEAD  CONTAMINATION  NOT  GREATER  THAN  WHAT  IS  NECESSARY TO BE FULLY
 PROTECTIVE OF HUMAN HEALTH WHICH SHALL IN NO EVENT BE GREATER  THAN  ONE
 HUNDRED  PARTS  PER  MILLION FOR BARE SOIL ON RESIDENTIAL PROPERTY OR ON
 THE  PROPERTY OF A CHILD OCCUPIED FACILITY IN A CHILDREN'S PLAY AREA AND
 IN NO EVENT BE GREATER THAN TWO HUNDRED PARTS PER MILLION FOR BARE  SOIL
 IN  THE  REST OF THE YARD BASED ON SOIL SAMPLES, AND IN NO EVENT GREATER
 THAN ONE THOUSAND PARTS PER  MILLION  FOR  AREAS  ZONED  FOR  COMMERCIAL
 AND/OR INDUSTRIAL DEVELOPMENT, BASED ON SOIL SAMPLES.
   (2)  THAT  A  LEAD  DUST  HAZARD  AS DEFINED IN PART 40 OF THE CODE OF
 FEDERAL REGULATIONS SECTION 745.101 WHICH IS FULLY PROTECTIVE  OF  HUMAN
 HEALTH  AND SHALL IN NO EVENT BE GREATER THAN FIVE MICROGRAMS PER SQUARE
 FOOT ON FLOORS AND IN NO EVENT GREATER THAN FORTY MICROGRAMS PER  SQUARE
 FOOT  FOR WINDOW SILLS; AND THAT CLEARANCE STANDARDS, AS DEFINED IN PART
 40 OF THE CODE OF FEDERAL REGULATIONS SECTION 745.223, SHALL BE  SET  AT
 THE SAME LEVELS.
   (3) THAT THE AVERAGE AMBIENT AIR QUALITY STANDARD FOR LEAD, CALCULATED
 AS  A  ROLLING  THREE  MONTH  AVERAGE, SHALL NOT BE GREATER THAN WHAT IS
 NECESSARY TO BE FULLY PROTECTIVE OF HUMAN HEALTH AND WHICH SHALL  IN  NO
 EVENT BE GREATER THAN .075 MICROGRAMS PER CUBIC METER.
   §  3.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. THE COMMISSIONER, UPON REQUEST OF  THE  COMMISSIONER  OF  ENVIRON-
 MENTAL  CONSERVATION,  SHALL  CONSULT  WITH  SUCH  COMMISSIONER  ON  THE
 CREATION AND ADOPTION OF ENVIRONMENTAL STANDARDS FOR LEAD CONCENTRATIONS
 IN LEAD CONTAMINATED SOILS, LEAD CONCENTRATIONS  ON  FLOORS  AND  WINDOW
 SILLS, AND LEAD CONCENTRATIONS IN AMBIENT AIR.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.