Environmental Conservation Law Section 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 § 75-0111 (Climate justice working group)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.
Section 75-0115 — Community air monitoring program,
https://www.nysenate.gov/legislation/laws/ENV/75-0115 (updated Oct. 7, 2022; accessed Nov. 25, 2023).