S02514 Summary:

BILL NOS02514
 
SAME ASSAME AS A00702
 
SPONSORTHOMPSON
 
COSPNSR
 
MLTSPNSR
 
Add S3-0319, En Con L
 
Enacts the lead-free parks act; directs the department of environmental conservation to do a study of certain state parks which are adjacent to heavily travelled streets and highways to identify the level of lead contamination at such parks; provides for posting warning signs at parks identified as potential hazards; provides for grants to localities to clean up lead contaminated parks; directs the department of environmental conservation to establish procedures and regulations for remediation; requires final report on reduction efforts after one year.
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S02514 Actions:

BILL NOS02514
 
02/23/2009REFERRED TO ENVIRONMENTAL CONSERVATION
01/06/2010REFERRED TO ENVIRONMENTAL CONSERVATION
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S02514 Floor Votes:

There are no votes for this bill in this legislative session.
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S02514 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2514
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    February 23, 2009
                                       ___________
 
        Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation  to  the
          cleanup and remediation of lead contaminated parks
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The legislature finds that  excessive
     2  lead  levels  present  a  substantial  threat  to the health, safety and
     3  welfare of the people of this state.
     4    One major source of excessive lead levels in New  York  state  is  the
     5  exhaust  emitted  from  motor  vehicles.  These exhaust fumes cause lead
     6  contamination in the atmosphere, soil, structures and have  contaminated
     7  parks adjacent or proximate to heavily traveled highways.
     8    The  legislature  further  finds  that  people  using  parks with lead
     9  contamination for recreational reasons are unnecessarily exposed to lead
    10  deposit hazards from motor vehicle exhaust. Excessive lead deposits  may
    11  subject people to possible physical discomfort, physiological damage and
    12  lead poisoning, among other potential health hazards.

    13    The  legislature further finds that there are reasonable, economic and
    14  technologically feasible strategies which can be implemented to decrease
    15  the risk of harm resulting from excessive exposure to lead, such as  the
    16  replacement  of  contaminated  materials  and  the  posting of potential
    17  hazards in lead contaminated parks.
    18    Therefore, the legislature hereby enacts a lead-free parks  act  as  a
    19  prudent  and  necessary  action  to  promote the health and welfare of a
    20  substantial number of the state's residents  and  directs  that  a  lead
    21  cleanup study be undertaken for the purpose of planning additional envi-
    22  ronmental improvements in conformance with the lead free parks act.
    23     §  2.  Short  title.  This act shall be known as the "Lead-free parks
    24  act".
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD00060-01-9

        S. 2514                             2
 
     1    § 3. The environmental conservation law is amended  by  adding  a  new
     2  section 3-0319 to read as follows:
     3  § 3-0319. Cleanup and remediation of lead contaminated parks.
     4    1.  The  department  shall  undertake  a study of parks throughout the
     5  state that are adjacent or proximate to heavily  traveled  city  streets
     6  and  rural  and  suburban  highways  for the purposes of identifying the
     7  level of lead contamination at such  parks.  Initially,  the  department
     8  shall evaluate parks with the highest level of exposure to exhaust fumes

     9  emitted  from motor vehicles. In all cases lead levels shall be measured
    10  so as to reflect accurately the worst case of lead exposure at a specif-
    11  ic park to which any person who is in the park and  within  a  hazardous
    12  range  of  contaminated  materials  could be exposed under normal condi-
    13  tions. Such study shall evaluate the range of strategies  available  for
    14  meeting  the  prescribed safe lead levels and make recommendations as to
    15  the most advisable methods of cleanup and remediation including a sched-
    16  ule for cleanup and remediation of all  lead  contaminated  state  owned
    17  parks. Priority sites based upon degree of contamination and exposure to
    18  the  public  shall be identified for cleanup and remediation. Such study

    19  shall be submitted to the governor and the legislature within  one  year
    20  after the effective date of this section.
    21    2. Within six months of the completion of the study conducted pursuant
    22  to  subdivision  one  of this section, the department shall post warning
    23  signs in each park identified  as  a  potential  hazard  to  the  public
    24  because  of lead contamination. These signs shall point out the possible
    25  hazards associated with excessive exposure to lead and the  acute  symp-
    26  toms  of lead poisoning, such as stomachaches, headaches, hyperactivity,
    27  falling asleep at inappropriate times, vomiting, diarrhea and so on.
    28    3. Within money appropriated therefor,  the  commissioner  shall  make

    29  grants  to  counties, cities, towns or villages for fifty percent of the
    30  cost of cleanup and remediation of lead contaminated  parks.  Preference
    31  in  grant awards should go for parks identified as priority sites in the
    32  department's study.
    33    4. The department shall promulgate rules and regulations  establishing
    34  procedures  and  techniques  for cleanup and remediation of lead contam-
    35  inated parks.
    36    5. Within one year after submission of the study conducted pursuant to
    37  subdivision one of this section and annually thereafter until the  prob-
    38  lem  of  lead contaminated parks has been overcome, the department shall
    39  report to the governor and the legislature on progress in reducing  lead

    40  levels.  The  report  shall  include, but not be limited to, an itemized
    41  summary of all moneys spent, bids requested and received, contracts  let
    42  and  actual  work  done  on  lead reduction programs during the previous
    43  period. Any and all lead reduction measures  made  during  the  previous
    44  period  shall  be  included,  with,  whenever possible, analyses of such
    45  measures. Such report shall also include a detailed analysis of all lead
    46  reduction activities planned for the next twelve months.  Following  the
    47  first twelve month interval, these reports shall also include comprehen-
    48  sive  statements  of  progress made on all planned lead reduction activ-
    49  ities included in the previous annual report. To  the  extent,  if  any,

    50  that  the department fails to meet the provisions prescribed in subdivi-
    51  sion one of this section, the department shall so state and provide  the
    52  reasons for its inability to meet such provisions.
    53    § 4. This act shall take effect immediately.
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