Add Art 13 Title 14 §§1389-hh - 1389-jj, Pub Health L
Relates to establishing a uniform metric for measuring noise impacts that will be used by airports for the purpose of noise exposure maps and noise compatibility programs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7946
SPONSOR: Kim TITLE OF BILL:
An act to amend the public health law, in relation to airport noise
studies
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to address the problems encountered with excessive noise
pollution due to air traffic from NY airports, predominantly during the
evening hours when most residents and families are home. This bill will
establish a uniform metric (CNEL) to measure the total impact of air
traffic noise in an effort to decrease noise pollution and its detri-
mental effects.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the public health law by adding a new title
14 to establish the use of the community noise equivalent level (CNEL)
as a uniform metric for measuring noise impacts. The CNEL includes a
penalty for increased noise sensitivities during evening hours for
airports in New York State.
Section 2 of the bill sets forth the effective date.
JUSTIFICATION:
Noise pollution is linked to multiple health complications including
hearing loss, hypertension, tachycardia, increased cortisol release,
sleep disruption, and cognitive impairment. The adoption of the CNEL as
a metric for measuring noise impact holds New York airports responsible
for excessive noise pollution, which can be especially disruptive during
evening hours.
PRIOR LEGISLATIVE HISTORY:
Assembly
07/25/18 REFERRED TO HEALTH
01/22/21 REFERRED TO HEALTH
01/05/22 REFERRED TO HEALTH
Senate
01/03/24 REFERRED TO HEALTH
02/09/23 REFERRED TO HEALTH
01/06/21 REFERRED TO HEALTH
2020: S6676/A: Advanced to Third Reading Calendar
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7946
2025-2026 Regular Sessions
IN ASSEMBLY
April 16, 2025
___________
Introduced by M. of A. KIM -- read once and referred 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:
1 Section 1. Article 13 of the public health law is amended by adding a
2 new title 14 to read as follows:
3 TITLE XIV
4 AIRPORT NOISE STUDIES
5 Section 1389-hh. Legislative findings and purposes.
6 1389-ii. Definitions.
7 1389-jj. Airport noise studies.
8 § 1389-hh. Legislative findings and purposes. 1. The legislature here-
9 by finds, determines, and declares that noise pollution causes a variety
10 of adverse human health impacts, many of which are related to noise
11 induced stress including hearing loss, hypertension, tachycardia,
12 increased cortisol release, sleep disruption, and cognitive impairment.
13 2. The legislature further finds and recognizes that the federal envi-
14 ronmental protection agency and the World Health Organization have
15 recommended a fifty-five day-night average sound level (DNL) noise expo-
16 sure level to protect the public from adverse human health impacts.
17 3. The legislature further finds and recognizes that the federal
18 aviation administration accepts as a metric for determining noise
19 impacts the community noise equivalent level (CNEL).
20 4. The legislature further finds that the community noise equivalent
21 level (CNEL) includes a penalty for increased sensitivity to noise
22 occurring during evening hours which are set aside for family and
23 student study time.
24 5. For these purposes, there shall be established a uniform metric for
25 measuring noise impacts that will be used by airports in New York state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04367-01-5
A. 7946 2
1 for the purpose of noise exposure maps (NEMs) and noise compatibility
2 programs (NCPs).
3 § 1389-ii. Definitions. For the purposes of this title, the following
4 definitions shall apply:
5 1. "Community noise equivalent level" (CNEL) means, in decibels, the
6 average daytime noise level during a twenty-four hour period, adjusted
7 to account for the lower tolerance of noise during evening and nighttime
8 periods in relation to daytime periods.
9 2. "Hourly noise level daytime" (HNLD) means, in decibels, the hourly
10 noise levels for the hours of 0700-1900.
11 3. "Hourly noise level evening" (HNLE) means, in decibels, the hourly
12 noise levels for the hours of 1900-2200.
13 4. "Hourly noise level nighttime" (HNLN) means, in decibels, the hour-
14 ly noise levels for the hours of 2200-0700.
15 § 1389-jj. Airport noise studies. 1. For the purpose of airport noise
16 studies, all contour maps shall be completed using the community noise
17 equivalent level. This shall include, but shall not be limited to,
18 federal aviation regulation part one hundred fifty studies, airport
19 noise exposure maps (NEMs), and airport noise compatibility programs
20 (NCPs).
21 2. The community noise equivalent level (CNEL) shall be calculated by
22 the following: CNEL = 10 log (1/24) ({sigma} antilog (HNLD/10) + 3
23 {sigma} antilog (HNLE/10) + 10 {sigma} antilog (HNLN/10)).
24 § 2. This act shall take effect immediately.
