BILL NUMBER: S5729 REVISED 5/19/25
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the executive law, in relation to adding hazardous air
quality to the state definition of a disaster and including air quality
emergency preparedness in local comprehensive emergency management plans
 
PURPOSE:
An act to amend the executive law, in relation to adding hazardous air
quality to the state definition of a disaster and including air quality
emergency preparedness in local comprehensive emergency management
plans.
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph a of subdivision 2 of section 20 of the exec-
utive law to add hazardous air quality to the definition of disaster.
Section 2 amends section 23 of the executive law to require munici-
palities to create an action plan in the case of an air quality emergen-
cy, and to annually create an inventory of ait quality emergency
resources.
Section 3 states the effective date.
 
JUSTIFICATION:
According to the Centers for Disease Control and Prevention, (CDC)
hazardous air quality can cause trouble breathing, asthma attacks, and a
fast heartbeat. Those with conditions such as COPD, heart disease, and
asthma are particularly vulnerable.(1) In 2023, various regions through-
out New York State experienced 18 days of unhealthy air quality to very
unhealthy air quality. (2) As wildfires become more common due the
effects of climate change (3). It is imperative that our communities are
equipped to deal with hazardous air quality. Adding hazardous air quali-
ty to the state definition of a disaster will ensure our state and local
governments have plans in place to protect residents from the harmful
effects of hazardous air quality. The people of New York deserve to be
prepared against the dangers of the climate crisis as we work to ensure
further protections for our environment.
 
LEGISLATIVE HISTORY:
2023-2024: S7932 - Passed Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://www.cdc.clovklisasters/wildfires/smoke.html
2 https://www.epa.gov/outdoor-air-auality -data/air-Quality-index-report
3 https://www.epagovklimate-indicatorsiclimate-chanqe- indicators-wild-
fires

Statutes affected:
S5729: 20 executive law, 20(2) executive law, 23 executive law