N.Y. Environmental Conservation Law § 75-0115: Community air monitoring program

§ 75-0115. Community air monitoring program.

1. For purposes of this section, the following definitions and related

provisions shall apply:

a. "Community air monitoring system" means advanced sensing monitoring

equipment that measures and records air pollutant concentrations in the

ambient air at or near sensitive receptor locations in disadvantaged

communities.

b. "Disadvantaged community" means a community identified as

disadvantaged pursuant to the criteria set forth in section 75-0111 of

this article.

c. "Sensitive receptors" includes hospitals, schools and day care

centers, and such other locations as the department may determine.

2. a. On or before October first, two thousand twenty-two, the

department shall prepare, in consultation with the climate justice

working group, a program demonstrating community air monitoring systems.

b. The program shall identify the highest priority locations in

disadvantaged communities around the state to deploy community air

monitoring systems, which shall be communities with potentially high

exposure burdens for toxic air contaminants and criteria air pollutants.

The program shall be undertaken in no less than four communities

statewide with regional consideration.

c. The department shall publish the air quality data produced by the

community air monitoring systems deployed pursuant to this section on

its website as it becomes available.

3. On or before June first, two thousand twenty-four, the department

shall prepare, in consultation with the climate justice working group, a

strategy to reduce emissions of toxic air contaminants and criteria air

pollutants in disadvantaged communities affected by a high cumulative

exposure burden. The strategy shall include criteria for the development

of community emission reduction programs. The criteria presented in the

strategy shall include, but are not limited to, the following:

a. an assessment and identification of communities with high

cumulative exposure burdens for toxic air contaminants and criteria air

pollutants.

b. a methodology for assessing and identifying the contributing

sources or categories of sources, including, but not limited to,

stationary and mobile sources, and an estimate of their relative

contribution to elevated exposure to air pollution in impacted

communities identified pursuant to paragraph a of this subdivision.

c. an assessment of the existing and available measures for reducing

emissions from the contributing sources or categories of sources

identified pursuant to paragraph b of this subdivision.

4. a. Based on the assessment and identification of disadvantaged

communities with high cumulative exposure burdens for toxic air

contaminants and criteria air pollutants completed pursuant to paragraph

a of subdivision three of this section, the department shall select

disadvantaged communities around the state for preparation of community

emissions reduction programs. The department may select additional

locations annually thereafter, as appropriate.

b. The department shall have the authority to adopt regulations

establishing programs to achieve emissions reductions for the locations

selected using the most cost-effective measures identified pursuant to

paragraph c of subdivision three of this section.