NY State Senate Bill S1212

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2023	advanced to third reading
Jan 25, 2023	2nd report cal.
Jan 24, 2023	1st report cal.203
Jan 10, 2023	referred to environmental conservation

Votes

view votes

Jan 24, 2023 - Environmental Conservation committee Vote

S1212

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S1212 (ACTIVE) - Details

Law Section:: Environmental Conservation
Versions Introduced in 2021-2022 Legislative Session:: S8050

S1212 (ACTIVE) - Summary

Establishes environmental standards for ambient lead and lead contamination in soils and on floors and window sills.

S1212 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1212                Revised 1/18/2023

SPONSOR: CLEARE
 
TITLE OF BILL:

An act directing the departments of environmental conservation and
health to establish environmental standards for ambient lead and lead
contamination in soils; and providing for the repeal of such provisions
upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL::

To protect the public health by ensuring the enactment of stricter envi-
ronmental standards for ambient lead from all sources (including water,
air, soil) and for the prevention of lead contamination of soils and on
floors and windowsills.

 
SUMMARY OF PROVISIONS::

Section 1 of the bill establishes legislative intent.

Section 2 of the bill requires the Department of Environmental Conserva-

tion (DEC) and the Department of Health (DOH) no later than March 31,
2024, to propose new standards, and update any existing standards as
appropriate, for dust lead hazards, soil-lead hazards and ambient air
quality standards for the level of lead in various media that will
result in blood lead levels that are no higher than include a target
that is fully protective of human health and which at a minimum include
recommendations from the Centers for Disease Control.

Section 3 of the bill states that the effective date is 90 days post-e-
nactment,

 
JUSTIFICATION::

This bill will help make New York a singular leader in protecting the
public and children from the harmful effects of exposure to lead in all
forms and sources. It would require the establishment of new and strict-
er environmental standards for ambient lead dust and lead contamination
in soil and on floors and windowsills. This legislation is necessary as
various actions at the Federal and State level have yet to achieve stan-
dards that are fully protective of human health.  Federal Rulemaking
took over a decade to decide upon standards that human health experts
agree are not sufficient.

After this rulemaking, in May 2021 The U.S. Ninth Circuit Court of
Appeals (in A Community Voice et al. v. U.S. Environmental Protection
Agency) ordered the Environmental Protection Agency to go back and
reconsider its lead hazard standards for homes for the fourth time, as
the standard were found to be insufficient as data indicates that poor
children, often black are repeatedly harmed by exposure to lead.

The Biden Administration through the CDC and others are now contemplat-
ing stronger standards, but the time for New York to act is now.

The bill was vetoed in 2022, and the following offers a some perspective
on why the bill is still needed what this bill attempts to do is to
acknowledge that there is a comprehensive lead harm from all sources,
air, soil, water, that often interact and have cumulative impacts
Different federal or state standards with respect to discrete sources do
not capture the whole picture as I understand that water, air, soil,
etc. interact and compound each other as in the following example: a
building demolition sends lead from the ground, soil, building into air
and potentially into water sources. This bill seeks a total safe stand-
ard from all sources that is what makes it unique and what makes the
veto message irrelevant

 
PRIOR LEGISLATIVE HISTORY::

2022-Passed Both Houses & Vetoed.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

None.

 
EFFECTIVE DATE::

Ninety days after passage.

S1212 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1212
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  CLEARE,  KRUEGER,  MANNION, MAY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 AN  ACT  directing  the  departments  of  environmental conservation and
   health to establish environmental standards for ambient lead and  lead
   contamination   in  soils;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof
 
   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  levels  of ambient lead and levels of lead contamination in
 soils and on floors and window sills. The  legislature  finds  that  the
 current  regulatory  standards  are  inadequate  to  protect the general
 public and particularly small  children  from  the  harmful  effects  of
 ingesting  or  inhaling  lead dust, often resulting from lead paint, and
 coming into contact with  lead  on  exposed  surfaces.  The  legislature
 declares  that  it  shall  be  the responsibility of the commissioner of
 environmental conservation, in consultation  with  the  commissioner  of
 health,  to  adopt  standards for ambient lead and lead contamination of
 soil and 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. a. No later than March 31, 2024, the departments of environmental
 conservation  and  health  shall  propose  new standards, and update any
 existing standards as appropriate,  for  dust  lead  hazards,  soil-lead
 hazards and ambient air quality standards for the level of lead in vari-
 ous  media that will result in blood lead levels that are no higher than
 a target that is fully protective of human health and which at a minimum
 include consideration of recommendations from the  centers  for  disease
 control.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04790-01-3

 S. 1212                             2
 
   b.  No  later than June 1, 2024, such departments shall issue a report
 to the legislature describing the status of such reviews, adoptions, and
 revisions and expected health improvements resulting therefrom.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall expire and be deemed repealed July 1,  2024.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 date.

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The New York State Senate

senate Bill S1212

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 24, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 24, 2023

Co-Sponsors

S1212 (ACTIVE) - Details

S1212 (ACTIVE) - Summary

S1212 (ACTIVE) - Sponsor Memo

S1212 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1212

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Sponsored By

Cordell Cleare

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 24, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 24, 2023

Co-Sponsors

Liz Krueger

John W. Mannion

Rachel May

S1212 (ACTIVE) - Details

S1212 (ACTIVE) - Summary

S1212 (ACTIVE) - Sponsor Memo

S1212 (ACTIVE) - Bill Text download pdf

Comments