S3328A

The New York State Senate passed S3328A, an environmental conservation bill requiring the Department of Environmental Conservation to establish enforceable rules for monitoring air pollution at ground level near major industrial sources, by a vote of 47-13 on the noncontroversial calendar. The bill, sponsored by Sen. Fernandez, would convert existing DEC guidelines into mandatory rules requiring fenceline monitoring systems around major stationary sources to measure pollution exposure in nearby communities. Supporters argued the measure protects environmental justice communities by ensuring ground-level air quality monitoring, while the EPA is moving in the same direction. Opponents, led by Sen. Stec, characterized the bill as duplicative of existing federal Clean Air Act requirements and state regulations already administered by DEC. Stec argued that critical technical specifications—including calibration frequency, monitor spacing, and pollution threshold limits—have not yet been established, making the bill premature. He also warned the measure could incentivize companies to build taller smokestacks to disperse emissions higher into the atmosphere rather than reduce them. The bill was previously vetoed by Governor Hochul last year on grounds it was duplicative, unnecessary, and could divert state resources from other environmental programs. Fernandez argued the bill deserves another chance, noting changing federal environmental trends and a delayed effective date allowing time for budget planning. The measure is part of an Earth Day legislative package.