Actions

Text

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:

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0322 to read as follows:
S 19-0322. AIR QUALITY MONITORING REQUIRED FOR MAJOR MASS TRANSPORTATION
             PROJECTS.
  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "MAJOR  MASS  TRANSPORTATION  PROJECT"  MEANS THE CONSTRUCTION OR
RECONSTRUCTION OF ANY RAPID TRANSIT, RAILROAD, OMNIBUS, MARINE TRANSPOR-
TATION OR OTHER MASS TRANSPORTATION FACILITY WITH A COST OF SEVENTY-FIVE
MILLION OR MORE DOLLARS.
  (B) "EXCAVATION" MEANS THE MOVEMENT OR REMOVAL OF EARTH, ROCK OR OTHER
MATERIALS IN OR ON THE GROUND BY  USE  OF  MECHANIZED  EQUIPMENT  OR  BY
BLASTING,  AND  INCLUDES,  BUT IS NOT LIMITED TO, AUGURING, BACKFILLING,
BORING, DRILLING, GRADING, PLOWING IN, PULLING IN, TRENCHING AND TUNNEL-
ING; PROVIDED, HOWEVER, THAT THE MOVEMENT OF EARTH BY TOOLS  MANIPULATED
ONLY  BY  HUMAN OR ANIMAL POWER AND THE TILLING OF SOIL FOR AGRICULTURAL
PURPOSES SHALL NOT BE DEEMED EXCAVATION.
  2. THE DEPARTMENT SHALL CONDUCT AN AIR QUALITY ANALYSIS  OF  THE  AREA
SURROUNDING  THE  EXCAVATION  OF  ANY  MAJOR MASS TRANSPORTATION PROJECT
WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, WHICH ANALYSIS
SHALL, BE CONDUCTED IN A MANNER THAT IS PROTECTIVE OF HUMAN  HEALTH  AND
AT  A MINIMUM INCLUDE, FEDERAL CRITERIA POLLUTANTS INCLUDING PARTICULATE
MATTER OF 2.5 MICRONS OR SMALLER AND OTHER EMISSIONS AS THE COMMISSIONER
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

  3. ONCE COMPLETED, THE DEPARTMENT SHALL  MAKE  ALL  SUCH  AIR  QUALITY
ANALYSIS, INCLUDING RAW DATA AND REPORTS AVAILABLE ON ITS WEBSITE WITHIN
NINETY DAYS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.