BILL NUMBER: S4030
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to emis-
sions of toxic air contaminants
 
PURPOSE OR GENERAL IDEA OF BILL:
To establish standards for and limits on the emissions of toxic air
contaminants
 
SUMMARY OF PROVISIONS:
Section 1 amends the Environmental Conservation law by adding a new
section 19-0329 requiring the Department of Environmental Conservation
to promulgate standards for toxic air contaminants including benzene,
formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlo-
rinated dibenzofurans, trichioroethylene and mercury.
Section 2 sets forth the effective date.
 
JUSTIFICATION:
This legislation is necessary to reduce emissions of toxic air contam-
inants in New York State, and lessen their impact in low income and
communities of color.
In the United States, low income communities and communities of color
are the socioeconomic groups most likely to inhale harmful air pollu-
tants. While white people inhale 17% less air pollution than is caused
by their consumption of goods and services, African American and Hispan-
ics inhale an average of 56% and 63% more air pollution than is caused
by their consumption of goods and services. Inhalation of harmful air
pollutants increases the risk of heart disease, cerebrovascular disease,
lower respiratory infection, lung cancer, and chronic obstructive pulmo-
nary disease while concurrently reducing life expectancy.
This inequity is illustrated by the dense concentration of industrial
facilities and highways located in the Bronx.Such facilities produce
high levels of toxic air pollutants in the borough with the highest
poverty rate and highest minority-residency rate. In correspondence with
these high rates of toxic air pollutants, marginalized residents of the
Bronx are hospitalized for asthma, respiratory illness, and cardiovascu-
lar disease at a much higher rate than white residents in other sections
of the City. This inequitable pollution pattern is replicated in commu-
nities of color across New York State, including: Buffalo, Albany,
Rochester and Syracuse. This legislation preserves and protects the
quality of air in New York State by limiting the emissions of toxic air
pollutants including benzene, formaldehyde, vinyl chloride, polychlori-
nated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene
and mercury through standards set by the Department of Environmental
Conservation.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S3328A
2023-24: S3328 / A7363
2022: S4371 / A6150
 
FISCAL IMPLICATIONS:
TED
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.