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.