What's happening
This bill requires air quality monitoring and public reporting during excavation for major mass transportation projects in large cities.
Why it matters
Requires real-time government oversight of air quality during large-scale transit construction. , addressing concerns about potential health impacts from dust and pollutants stirred up by excavation in densely populated cities.
Mandates that analysis specifically includes harmful fine particulate matter (PM2.5). , which is linked to respiratory and cardiovascular problems, thus targeting pollutants most dangerous to vulnerable populations like children, seniors, and people with pre-existing conditions.
Ensures public transparency and accountability. by requiring all collected air quality data and reports to be posted online within 90 days, giving residents and advocacy groups the information needed to monitor risks and advocate for further protective measures if necessary.
Broadens the definition of excavation and project types covered. to include a wide range of mechanized earth-moving activities and mass transit modes, which could lead to more comprehensive environmental protections during major urban infrastructure projects.
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Who cares
Headline styles
Monitor Transit Project Air Quality
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Monitor Air Quality at Digs
In Assembly Committee · Environmental Conservation · Sponsor Dan Quart
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5363
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
Introduced by Sen. COMRIE -- 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 requiring air quality monitoring for certain major mass transportation projects
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 19-0322 to read as follows: § 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 transportation 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 tunneling; 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.
LBD01329-01-9
S. 5363 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.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
Section 1 amends the Environmental Conservation law by adding a new section 19-0322 that requires the DEC to monitor, analyze and report on the air quality at and around any mass transportation construction project.
Section 2 sets the effective date.
Justification
Mass transit construction projects are critical for maintaining, improv- ing and expanding our transportation infrastructure, but the effect of these projects on the residents and businesses in the surrounding commu- nity must be considered. Currently, there is no requirement for air quality monitoring of any kind at these construction sites. While many agencies and contractors have voluntarily implemented monitoring based on community concerns, that voluntary action is not guaranteed. Communi- ties shouldn't have to depend on their ability to negotiate with agen- cies and contractors to ensure the protection of their air quality.
Prior legislative history
2017-2018: A4174 referred to Environmental Conservation 2015-2016: A7658 referred to Environmental Conservation
Fiscal implications
None to the state.
Effective date
180 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.