S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8452
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 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 emission standards, soil-lead  hazard
   standards and lead dust hazard standards

   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 statewide standards in New
 York with respect to lead levels in ambient air, levels of lead  contam-
 ination  in  soils, and lead dust hazard levels and clearance levels for
 floors, window sills and window troughs. The current  regulatory  stand-
 ards are inadequate to protect the general public and particularly chil-
 dren  from  the  harmful  effects of ingesting or inhaling lead dust and
 coming into contact with lead dust on exposed surfaces.  Low  levels  of
 lead in children's blood can have an adverse effect on concentration and
 intellectual achievement and have a long-term impact on health and qual-
 ity  of  life.   Lead from ambient air can contribute to lead in soil as
 well as contribute to other pathways that are a danger to public  health
 and  the environment. Hazardous levels of lead dust can be released from
 the peeling or chipping of lead-based  paint,  from  plumbing  fixtures,
 from  the  demolition  of  buildings  and  from  the  excavation  of and
 construction on sites that contained lead-contaminated soil or factories
 that used lead in manufacturing processes. It shall be the  responsibil-
 ity  of  the commissioner of environmental conservation, in consultation
 with the commissioner of health, to adopt emission standards for lead in
 ambient air and soil-lead hazard standards  for  lead-contaminated  soil
 and lead dust hazard standards and lead dust clearance levels for floors
 and  windows and window troughs, in a manner that would be fully protec-
 tive of children's health and the health of the general public,  and  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13906-01-3
 A. 8452                             2
              

 
 accordance  with the procedures set forth in the environmental conserva-
 tion law.
   § 2. Subdivision 1 of section 3-0301 of the environmental conservation
 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-ONE  OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW,
 AND IN ACCORDANCE WITH SUBDIVISION TWO-A OF THIS SECTION, ADOPT ENVIRON-
 MENTAL STANDARDS AND RULES AS NECESSARY TO CARRY  OUT  THE  PURPOSES  OF
 SUCH STANDARDS, WHICH SHALL REQUIRE THAT:
   (1)(I)  A  SOIL-LEAD  HAZARD  FOR AN AREA CONTAINING LEAD-CONTAMINATED
 SOIL SHALL BE AT A LEVEL OF LEAD CONTAMINATION GREATER THAN TWO  HUNDRED
 PARTS PER MILLION FOR BARE SOIL ON:
   (I) RESIDENTIAL PROPERTY,
   (II) THE PROPERTY OF A CHILD-OCCUPIED FACILITY, AND
   (III) A CHILDREN'S PLAY AREA; AND
   (II) A LEVEL GREATER THAN THAT OF ONE THOUSAND PARTS PER MILLION FOR:
   (I) BARE SOIL IN THE REMAINING YARD BASED ON SOIL SAMPLES; AND
   (II) FOR AREAS ZONED FOR COMMERCIAL OR INDUSTRIAL DEVELOPMENT;
   (2)  A DUST-LEAD HAZARD AS DEFINED IN PART 745.65(B) OF TITLE FORTY OF
 THE CODE OF FEDERAL REGULATIONS SHALL BE AT A LEVEL GREATER  THAN  THREE
 MICROGRAMS  PER  SQUARE  FOOT  FOR  FLOORS,  A LEVEL GREATER THAN TWENTY
 MICROGRAMS PER SQUARE FOOT FOR WINDOW SILLS, AND A  LEVEL  GREATER  THAN
 TWENTY-FIVE  MICROGRAMS  PER  SQUARE  FOOT  FOR WINDOW TROUGHS; AND THAT
 DUST-LEAD CLEARANCE LEVELS FOR SUCH HAZARDS AS DEFINED IN  PART  745.223
 OF  TITLE  FORTY OF THE CODE OF FEDERAL REGULATIONS, SHALL BE SET AT THE
 SAME LEVELS; AND
   (3) THE AVERAGE AMBIENT AIR QUALITY STANDARD FOR LEAD, CALCULATED AS A
 ROLLING THREE-MONTH AVERAGE, SHALL  NOT  BE  GREATER  THAN  SEVENTY-FIVE
 HUNDREDTHS 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 ON THE CREATION AND ADOPTION OF DUST-
 LEAD HAZARD STANDARDS FOR LEAD CONCENTRATIONS IN LEAD-CONTAMINATED SOIL,
 LEAD DUST CONCENTRATIONS ON FLOORS, WINDOW SILLS AND WINDOW TROUGHS, AND
 LEAD DUST EMISSIONS 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 effective date.