Requires air quality monitoring of certain major mass transportation projects that involve an excavation operation within a city having a population of one million or more.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9193A
SPONSOR: Quart TITLE OF BILL: An act to amend the environmental conservation law, in
relation to requiring air quality monitoring for certain major mass
transportation projects
PURPOSE OR GENERAL IDEA OF BILL: To provide for regular monitoring of
air quality at and around the site of all major mass transportation
construction projects to be performed by the New York Department of
Environmental Conservation (DEC).
SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the Environ-
mental Conservation Law by adding a new section 19-0322 to detail the
responsibilities of the DEC to analyze and report on the air quality at
and around any major mass transportation project.
JUSTIFICATION: Currently there is no regulatory requirement for air
quality monitoring at the site of major transportation construction
projects. This bill would ensure that the surrounding community of any
such project would have access to accurate and timely information about
the quality of their air.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day.
STATE OF NEW YORK
________________________________________________________________________
9193--A
IN ASSEMBLY
February 2, 2012
___________
Introduced by M. of A. QUART, GOTTFRIED, JAFFEE, WEPRIN -- Multi-Spon-
sored by -- M. of A. BOYLAND -- read once and referred to the Commit-
tee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
requiring air quality monitoring for certain major mass transportation
projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 19-0322 to read as follows:
3 § 19-0322. Air quality monitoring required for major mass transportation
4 projects.
5 1. For purposes of this section, the following terms shall have the
6 following meanings:
7 (a) "Major mass transportation project" means the construction or
8 reconstruction of any rapid transit, railroad, omnibus, marine transpor-
9 tation or other mass transportation facility with a cost of seventy-five
10 million or more dollars.
11 (b) "Excavation" means the movement or removal of earth, rock or other
12 materials in or on the ground by use of mechanized equipment or by
13 blasting, and includes, but is not limited to, auguring, backfilling,
14 boring, drilling, grading, plowing in, pulling in, trenching and tunnel-
15 ing; provided, however, that the movement of earth by tools manipulated
16 only by human or animal power and the tilling of soil for agricultural
17 purposes shall not be deemed excavation.
18 2. The department shall conduct an air quality analysis of the area
19 surrounding the excavation of any major mass transportation project
20 within a city having a population of one million or more, which analysis
21 shall, be conducted in a manner that is protective of human health and
22 at a minimum include, federal criteria pollutants including particulate
23 matter of 2.5 microns or smaller and other emissions as the commissioner
24 may specify.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14204-04-2
A. 9193--A 2
1 3. Once completed, the department shall make all such air quality
2 analysis, including raw data and reports available on its website within
3 ninety days.
4 § 2. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law.
