BILL NUMBER: S7591
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the public health law and the environmental conservation
law, in relation to the remediation of lead contaminated soil
 
PURPOSE:
The bill would lower lead-contaminated soil levels to three hundred ppm
(parts per million) in residential zoned areas and one thousand ppm for
areas zoned for commercial and/or industrial development.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 206 of the public health law by adding a new
subdivision 31 to lower lead-contaminated soil levels to three hundred
ppm in residential and one thousand ppm in commercial and/or industrial
development areas.
Section 2 amends subdivision 1 of section 3-0301 of the environmental
conservation law to lower lead-contaminated soil levels to three hundred
ppm in residential and one thousand ppm in commercial and/or industrial
development areas.
Section 3 establishes the effective date.
 
EXISTING LAW:
Federal law allows a higher level of lead content. This bill lowers it.
 
JUSTIFICATION:
Chronic lead exposure-even in moderate or low quantities-can permanently
damage the developing nervous system of young children and adults. Lead
often contaminates soil at toxic levels when lead-based paint chips from
old buildings and mixes with the soil. This is further evidenced by
studies conducted in urban areas like New York City, which show that
lead-contaminated soil levels are highest around building foundations
and within several feet of busy streets.
Spurred by increased in childhood lead poisoning, the Environmental
Protection Agency (EPA) defined dangerous levels of lead in soil as 400
ppm in play areas and 1,200 ppm in bare soil. However, these regulations
do not go far enough. Currently, several states, such as Massachusetts,
Wisconsin, and Michigan have lower standards than those mandated by the
EPA. The recent failure of proper lead-based paint inspections in New
York City Public Housing patently demonstrates a need for reform. Reme-
dial action must be taken to safeguard young New Yorkers who spend
substantial time in lead-contaminated areas.
 
LEGISLATIVE HISTORY:
2019-20: S.214/A4875
2017-18: S.7772/A.9940
 
FISCAL IMPLICATIONS:
To be determined
 
LOCAL FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

Statutes affected:
S7591: 206 public health law, 3-0301 environmental conservation law, 3-0301(1) environmental conservation law