New York : 2025-2026 Regular Session : BILL S04030
Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.
air contaminants
Bill Details
Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.
Bill summary (AI generated)
This bill, designated as S04030, proposes amendments to the Environmental Conservation Law in New York regarding air quality standards for emissions of certain toxic air contaminants. Its primary focus is to establish ambient air quality standards for specific toxic air pollutants, including benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene, and mercury. Key Provisions: 1. **Definitions**: The bill provides specific definitions for key terms, including "adjacent to," "disadvantaged community," "fenceline," "major source," and "toxic air contaminant." 2. **Standard Promulgation**: The New York Department of Environmental Conservation is mandated to promulgate ambient air quality standards for the identified toxic air contaminants by December 31, 2027. These standards may vary in frequency and be based on the best available scientific data concerning the health risks of each contaminant. 3. **Incorporation into Permits**: Starting January 1, 2028, the department is required to incorporate the established toxic air contaminants into each major source permit. 4. **Fenceline Monitoring Regulations**: The department must establish regulations for fenceline monitoring of toxic air contaminants for major sources by December 31, 2027. These regulations must consider the existing air quality and proximity to disadvantaged communities. The bill outlines a clear framework for addressing toxic air emissions and emphasizes health considerations in establishing air quality standards. The proposed enactment will take effect 90 days after becoming law.
History
The bill S04030, titled "Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants," began its legislative journey in January 2025 when it was referred to the Environmental Conservation Committee. It successfully passed through several stages, including multiple reports and readings, and was ultimately passed by the Senate on April 22, 2025. Following its passage, the bill was delivered to the Assembly, where it has again been referred to the Environmental Conservation Committee. Next, the bill will need to go through the Assembly's committee process, where it will be reviewed, discussed, and possibly amended. After that, it must pass a vote in the Assembly before it can be sent for final approval, which typically involves a vote by the full Assembly followed by a possible signature from the governor to become law. The timeline for this could vary based on the committee's agenda and other legislative priorities.
- Fri 31 Jan 2025 REFERRED TO ENVIRONMENTAL CONSERVATION
- Tue 11 Feb 2025 1ST REPORT CAL.330
- Wed 12 Feb 2025 2ND REPORT CAL.
- Mon 24 Feb 2025 ADVANCED TO THIRD READING
- Tue 22 Apr 2025 PASSED SENATE
- Tue 22 Apr 2025 DELIVERED TO ASSEMBLY
- Tue 22 Apr 2025 referred to environmental conservation
Bill text (HTML)
STATE OF NEW YORK ________________________________________________________________________ 4030 2025-2026 Regular Sessions IN SENATE January 31, 2025 ___________ Introduced by Sen. FERNANDEZ -- 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 emis- sions of toxic air contaminants 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 19-0330 to read as follows: 3 § 19-0330. Air quality standards for toxic air contaminants. 4 1. Definitions. For purposes of this section, the following terms 5 shall have the following meanings: 6 a. "Adjacent to" shall mean within a radius of one mile. 7 b. "Disadvantaged community" shall have the same meaning as in subdi- 8 vision five of section 75-0101 of this chapter. 9 c. "Fenceline" shall mean the property boundary of a major source. 10 d. "Major source" shall mean stationary air contamination source that 11 emits or has the potential to emit ten tons per year or more of a toxic 12 air contaminant or twenty-five tons per year or more of a combination of 13 toxic contaminants. 14 e. "Toxic air contaminant" shall mean benzene, formaldehyde, vinyl 15 chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans, 16 trichloroethylene, mercury and any other substances added by the depart- 17 ment. 18 2. Promulgation of standards. a. The department shall, on or before 19 December thirty-first, two thousand twenty-seven, promulgate ambient air 20 quality standards for the following toxic air contaminants: benzene, 21 formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlo- 22 rinated dibenzofurans, trichloroethylene and mercury. Such standards may 23 be hourly, rolling eight-hour or annual, or any combination thereof, as 24 determined by the department in consultation with the department of 25 health. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07000-01-5S. 4030 2 1 b. The ambient air quality standards for toxic air contaminants shall 2 be based on the best available scientific data concerning the potential 3 adverse human health effects of each contaminant. 4 3. Beginning January first, two thousand twenty-eight, the department 5 shall incorporate toxic air contaminants into each major source permit. 6 4. No later than December thirty-first, two thousand twenty-seven, the 7 department shall establish regulations specifying when and how fenceline 8 monitoring will be required for toxic air contaminants by major sources. 9 Such regulations shall at a minimum take into consideration the existing 10 air quality and the major source's proximity to a location within or 11 adjacent to a disadvantaged community. 12 § 2. This act shall take effect on the ninetieth day after it shall 13 have become a law.