Establishes environmental standards for ambient lead and lead contamination

• Democratic13
• Republican3

◆ The sponsor's argument

Why Cordell Cleare says this is needed

This bill is a meaningful step in protecting the public, and especially children, from the harmful effects of exposure to dust-lead hazards. It directs the Department of Environmental Conservation and Department of Health to establish more rigorous contamination standards. Over the last decade there have been a number of lawsuits and research efforts that have substantially expanded the legal and scientific basis of our under- standing of lead contamination. Taking these developments into consider- ation, DEC and DoH can bring New York to the forefront of protective standards for the public health of its citizens, especially those living in vulnerable areas and those who are too young to protect themselves. In 2012, the federal Center for Disease Control (CDC) stated that there is no known safe blood lead level for Children under six and determined that 5 micrograms per deciliter of blood would be sufficient to trigger a public health response, one-half of the level of 10 micrograms per deciliter that had been previously targeted by the federal Environmental Protection Agency as a safe blood lead level for- children. In October 2021 the CDC updated the lead blood level reference value (BLRV) to 3.5 micrograms per deciliter. This figure is used to identify children with lead blood levels that are in need of remedial action. In December 2017, the United States Court of Appeals for the Ninth Circuit granted a petition for mandamus against the Environmental Protection Agency which had been brought by a coalition of environmental advocates and organizations (In Re a Community Voice v. US Environ- mental Protection Agency, 878 F3d 779). The court ruled that the EPA had a duty under the federal Toxic Substance Control Act and the federal "Paint Hazard Act" to update the standards for lead-based paint and dust-lead hazards. In 2019 the EPA adopted new standards for dust-lead hazards: 10 micrograms/sqft for floors and 100 micrograms/sqft for windows. (40 CFR Part 745, Fed. Reg. Vol. 84, No. 131, effective January 6, 2020). The EPA took no action with respect to dust-lead hazards in lead-contaminat- ed soil or lead dust emissions in ambient air. Again, on June 24, 2020, the EPA announced a proposal to reduce the amount of lead that can remain in dust on floors and windowsills after lead removal activities to protect children from the harmful effects of lead exposure. The agency proposed to lower the dust-lead post abatement (clearance) levels of lead that can remain on floors and windowsills from 40 micrograms (1)0 of lead in dust per square foot (ft2) to 10 pg/f t2 for floor dust and from 250 pg/ft2 to 100 pg/f t2 for windowsill dust. (85 Fed. Reg. 37810 6/24/20). In 2021 the Court of Appeals for the Ninth Circuit remanded the 2019 EPA rule and directed the agency to further update its rules on dust-lead hazards and dust-lead clearance levels. The court noted that the EPA had not yet taken action on soil-lead hazard standards. (in Re A Community Voice, 997 F3d 983) In July 2023 the EPA proposed new rules for dust- lead hazard standards and dust-lead clearance levels. The new standard for dust-lead hazards was any reportable level greater than zero, as analyzed by any laboratory recognized by the EPA's National Lead Labora- tory Accreditation Program. The new standard for dust-lead clearance levels, which was de-coupled from the dust-lead hazard standard, consisted of numerical standards and added window troughs: three micrograms/sqft for floors; twenty micrograms/sqft for windowsills; and twenty-five micrograms/sqft for window troughs. The greater than zero) has been criticized by a number of health depart- ments and other organizations as too difficult to achieve in some cases. They also argue that it causes confusion because it may result in different results in different areas and is not the same as the dust- lead clearance level. New York should adopt the same EPA numerical standards for both dust- lead hazards and dust-lead cleara

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.