Bill Text: NY A01286 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to minimizing disproportionate impacts of environmental facility siting on disadvantaged communities.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-03-03 - signed chap.49 [A01286 Detail]
Download: New_York-2023-A01286-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1286 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend a chapter of the laws of 2022 amending the environmental conservation law relating to the location of environmental facilities, as proposed in legislative bills numbers S. 8830 and A. 2103-D, in relation to the legislative intent of such chapter, and in relation to the effectiveness thereof; and to amend the environmental conservation law, in relation to disproportionate impacts of environmental facility siting on disadvantaged communities; and relating to the scope of certain provisions of the environmental conservation law and the authority of the commissioner of environmental conservation thereunder The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of a chapter of the laws of 2022 amending the 2 environmental conservation law relating to the location of environmental 3 facilities, as proposed in legislative bills numbers S. 8830 and A. 4 2103-D, is amended to read as follows: 5 Section 1. Legislative intent. The legislature finds and declares that 6 each community in the state should equitably share the responsibilities, 7 burdens, and benefits of managing and solving environmental health 8 issues and the state's environmental problems and the facilities neces- 9 sary to accomplish such ends. The legislature further declares that 10 there has been an inequitable pattern in the siting of environmental 11 facilities in minority and economically distressed communities, which 12 have borne a disproportionate and inequitable share of such facilities. 13 As a result of the inequitable pattern in the siting of environmental 14 facilities, minority and economically distressed communities bear a 15 greater environmental health burden due to the cumulative pollution 16 exposure from multiple facilities. Consistent with its commitment to 17 providing equal justice for its citizens, the state has a responsibility 18 to establish requirements for the consideration of such decisions by 19 state and local governments in order to [insure equality of treatment] 20 ensure no community bears a disproportionate pollution burden, and to 21 actively reduce any such burden for all communities. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04225-01-3A. 1286 2 1 § 2. Section 8-0105 of the environmental conservation law is amended 2 by adding a new subdivision 10 to read as follows: 3 10. "Pollution" shall have the same meaning as defined by subdivision 4 nineteen of section 1-0303 of this chapter. 5 § 3. Paragraphs (k) and (l) of subdivision 2 of section 8-0109 of the 6 environmental conservation law, as amended by a chapter of the laws of 7 2022 amending the environmental conservation law relating to the 8 location of environmental facilities, as proposed in legislative bills 9 numbers S. 8830 and A. 2103-D, are amended to read as follows: 10 (k) effects of any proposed action on disadvantaged communities, 11 including whether the action may cause or increase a disproportionate 12 pollution burden on a disadvantaged community; and 13 (l) such other information consistent with the purposes of this arti- 14 cle as may be prescribed in guidelines issued by the commissioner pursu- 15 ant to section 8-0113 of this chapter[; and16(l) effects of any proposed action on disadvantaged communities,17including whether the action may cause or increase a disproportionate or18inequitable or both disproportionate and inequitable pollution burden on19a disadvantaged community]. 20 § 4. The opening paragraph of subdivision 4 of section 8-0109 of the 21 environmental conservation law, as amended by a chapter of the laws of 22 2022 amending the environmental conservation law relating to the 23 location of environmental facilities, as proposed in legislative bills 24 numbers S. 8830 and A. 2103-D, is amended to read as follows: 25 As early as possible in the formulation of a proposal for an action, 26 the responsible agency shall make an initial determination as to whether 27 [or not] an environmental impact statement need be prepared for the 28 action. In making such determination for any proposed action [that is29not a minor project as defined in subdivision three of section 70-010530of this chapter] the responsible agency shall consider whether such 31 action may cause or increase a disproportionate [or inequitable or both32disproportionate and inequitable] pollution burden on a disadvantaged 33 community that is directly or significantly indirectly affected by such 34 action. When an action is to be carried out or approved by two or more 35 agencies, such determination shall be made as early as possible after 36 the designation of the lead agency. 37 § 5. Subparagraph (i) of paragraph (c) of subdivision 2 of section 38 8-0113 of the environmental conservation law, as amended by a chapter of 39 the laws of 2022 amending the environmental conservation law relating to 40 the location of environmental facilities, as proposed in legislative 41 bills numbers S. 8830 and A. 2103-D, is amended to read as follows: 42 (i) Actions or classes of actions that are likely to require prepara- 43 tion of environmental impact statements[, including actions which may44cause or increase, either directly or indirectly, a disproportionate or45inequitable or both disproportionate and inequitable pollution burden on46a disadvantaged community]; 47 § 6. Paragraph (b) of subdivision 2 of section 8-0113 of the environ- 48 mental conservation law, as amended by a chapter of the laws of 2022 49 amending the environmental conservation law relating to the location of 50 environmental facilities, as proposed in legislative bills numbers S. 51 8830 and A. 2103-D, is amended to read as follows: 52 (b) [(i)] Criteria for determining whether or not a proposed action 53 may have a significant effect on the environment, taking into account 54 social and economic factors to be considered in determining the signif- 55 icance of an environmental effect, including whether it may cause orA. 1286 3 1 increase a disproportionate pollution burden on a disadvantaged communi- 2 ty; 3 [(ii) Such criteria shall include consideration of the extent to which4a proposed action may reasonably be expected to cause or increase a5disproportionate or inequitable or both disproportionate and inequitable6burden on disadvantaged communities;] 7 § 7. Section 70-0118 of the environmental conservation law, as added 8 by a chapter of the laws of 2022 amending the environmental conservation 9 law relating to the location of environmental facilities, as proposed in 10 legislative bills numbers S. 8830 and A. 2103-D, is amended to read as 11 follows: 12 § 70-0118. Disproportionate impacts on disadvantaged communities. 13 1. For the purposes of this section: 14 (a) "Disadvantaged communities" shall have the same meaning as subdi- 15 vision five of section 75-0101 of this chapter. 16 (b) ["Existing burden report" shall mean the report required by this17section describing the existing pollution burden in a disadvantaged18community.192. When issuing] "Applicable permit" shall mean a permit [for any20project that is not a minor project as defined in subdivision three of21section 70-0105 of this article and that], excluding a general permit, 22 applied for pursuant to: 23 (i) title fifteen of article fifteen of this chapter for a facility 24 withdrawing and using over twenty million gallons per day of water for 25 cooling purposes; 26 (ii) article seventeen of this chapter; 27 (iii) article nineteen of this chapter; 28 (iv) title seventeen of article twenty-three of this chapter; or 29 (v) title three, title seven, title nine or title eleven of article 30 twenty-seven of this chapter. 31 2. (a) When a new project subject to an applicable permit may [direct-32ly or indirectly affect] cause or contribute more than a de minimis 33 amount of pollution to any disproportionate pollution burden on a disad- 34 vantaged community, the department shall require the applicant to 35 prepare or cause to be prepared an existing burden report [and shall36consider such report in determining whether such project may cause or37contribute to, either directly or indirectly, a disproportionate or38inequitable or both disproportionate and inequitable pollution burden on39a disadvantaged community]. 40 (b) In the case of an application for renewal or modification of an 41 applicable permit not subject to the provisions of paragraph (a) of this 42 subdivision which may cause or contribute more than a de minimis amount 43 of pollution to any disproportionate pollution burden on a disadvantaged 44 community the department shall require the applicant to prepare or cause 45 to be prepared an existing burden report; provided, however that the 46 department may elect not to require such existing burden report if the 47 permit would serve an essential environmental, health, or safety need of 48 the disadvantaged community for which there is no reasonable alterna- 49 tive. 50 (c) Notwithstanding the requirements of paragraphs (a) or (b) of this 51 subdivision, no existing burden report shall be required for an applica- 52 tion for a renewal of a permit if an existing burden report has been 53 prepared with respect to such permit within the previous ten years. 54 3. [No permit shall be approved or renewed by the department if it may55cause or contribute to, either directly or indirectly, a dispropor-56tionate or inequitable or both disproportionate and inequitableA. 1286 4 1pollution burden on a disadvantaged community.] (a) When considering an 2 application for an applicable permit, the department shall consider the 3 existing burden report, if any, and an administrative record that 4 includes, but is not limited to, comments received from the public in 5 the disadvantaged community. 6 (b) The department shall not issue an applicable permit for a new 7 project if it determines that the project will cause or contribute more 8 than a de minimis amount of pollution to a disproportionate pollution 9 burden on the disadvantaged community. 10 (c) In the case of an application for a modification of an applicable 11 permit, the department shall not issue an applicable permit if it deter- 12 mines that the issuance of the permit would significantly increase the 13 existing disproportionate pollution burden on the disadvantaged communi- 14 ty. 15 (d) In the case of an application for renewal of an applicable permit, 16 the department shall not issue an applicable permit if it determines 17 that the project would significantly increase the existing dispropor- 18 tionate pollution burden on the disadvantaged community. 19 4. The department shall require actions to implement any appropriate 20 operational changes which would reduce the pollution burden on the 21 disadvantaged community as a condition of an applicable permit, only if 22 such actions are reasonable and practicable, as determined by the 23 department. 24 5. The department, in consultation with the department of health, 25 shall develop the scope of the existing burden report and may adapt such 26 requirements based on whether a permit application is for a new project, 27 modification, or a renewal of a permit. The department shall provide for 28 at least a thirty-day public comment period prior to finalizing the 29 scope of the report. The report shall provide for an assessment of the 30 following information: 31 (a) relevant baseline data on existing burdens, including from rele- 32 vant criteria used to designate the particular disadvantaged communities 33 pursuant to subdivision one of section 75-0111 of this chapter; 34 (b) the environmental or public health stressors already borne by the 35 disadvantaged community as a result of existing conditions located in or 36 affecting the disadvantaged community; 37 (c) the potential or projected contribution of the proposed action to 38 existing pollution burdens in the community; and 39 (d) existing and potential benefits of the project to the community 40 including increased housing supply, or alleviation of existing pollution 41 burdens that may be provided by the project, including operational 42 changes to the project that would reduce the pollution burden on the 43 disadvantaged community. 44 § 8. Subdivision 1 of section 70-0107 of the environmental conserva- 45 tion law, as amended by a chapter of the laws of 2022 amending the envi- 46 ronmental conservation law relating to the location of environmental 47 facilities, as proposed in legislative bills numbers S. 8830 and A. 48 2103-D, is amended to read as follows: 49 1. The department, after public hearing, shall adopt rules and regu- 50 lations to assure the efficient and expeditious administration of this 51 article. Such rules and regulations shall include but not be limited to 52 provisions regarding notice, review, public participation and public 53 hearings. [Such rules and regulations shall also include the form and54content of an existing burden report which shall, at a minimum, include55baseline monitoring data collected in the affected disadvantaged commu-56nity within two years of the application for a permit or approval andA. 1286 5 1shall identify: (a) each existing pollution source or categories of2sources affecting a disadvantaged community and the potential routes of3human exposure to pollution from that source or categories of sources;4(b) ambient concentration of regulated air pollutants and regulated or5unregulated toxic air pollutants; (c) traffic volume; (d) noise and6odor levels; (e) exposure or potential exposure to lead paint; (f) expo-7sure or potential exposure to contaminated drinking water supplies; (g)8proximity to solid or hazardous waste management facilities, wastewater9treatment plants, hazardous waste sites, incinerators, recycling10facilities, waste transfer facilities and petroleum or chemical manufac-11turing, storage, treatment or disposal facilities; (h) the potential or12documented cumulative human health effects of the foregoing pollution13sources; (i) the potential or projected contribution of the proposed14action to existing pollution burdens in the community and potential15health effects of such contribution, taking into account existing16pollution burdens.] 17 § 9. Section 9 of a chapter of the laws of 2022 amending the environ- 18 mental conservation law relating to the location of environmental facil- 19 ities, as proposed in legislative bills numbers S. 8830 and A. 2103-D, 20 is amended to read as follows: 21 § 9. This act shall take effect [on the one hundred eightieth day] two 22 years after it shall have become a law[; provided that section three of23this act shall not apply to any person who has received an initial24determination pursuant to subdivision 4 of section 8-0109 of the envi-25ronmental conservation law prior to such date and provided further that26section five of this act shall not apply to any determination of signif-27icance made prior to such date]. 28 § 10. No addition or amendment made to the environmental conservation 29 law under this act or under a chapter of the laws of 2022 amending the 30 environmental conservation law relating to the location of environmental 31 facilities, as proposed in legislative bills numbers S. 8830 and A. 32 2103-D, shall limit the existing authority of any state entity to deny 33 or condition permits, licenses, or other administrative approvals. 34 § 11. No addition or amendment made to the environmental conservation 35 law under this act or under a chapter of the laws of 2022 amending the 36 environmental conservation law relating to the location of environmental 37 facilities, as proposed in legislative bills numbers S. 8830 and A. 38 2103-D, shall relieve any person from compliance with any other require- 39 ment to not disproportionately burden disadvantaged communities as iden- 40 tified pursuant to section 75-0111 of the environmental conservation 41 law. 42 § 12. The commissioner of environmental conservation is authorized and 43 directed to promulgate rules and regulations in accordance with subdivi- 44 sion one of section 70-0107 of the environmental conservation law to 45 effectuate the provisions of this act and a chapter of the laws of 2022 46 amending the environmental conservation law relating to the location of 47 environmental facilities, as proposed in legislative bills numbers S. 48 8830 and A. 2103-D. 49 § 13. This act shall take effect immediately; provided, however that 50 sections one, two, three, four, five, six, seven, eight, ten, eleven and 51 twelve of this act shall take effect on the same date and in the same 52 manner as a chapter of the laws of 2022 amending the environmental 53 conservation law relating to the location of environmental facilities, 54 as proposed in legislative bills numbers S. 8830 and A. 2103-D, takes 55 effect.
