Bill Text: NY A08489 | 2009-2010 | General Assembly | Amended

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Bill Title: Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones; these are areas most adversely affected by existing environmental hazards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2010-08-16 - tabled [A08489 Detail]

Download: New_York-2009-A08489-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8489--A
                                                               Cal. No. 591
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 21, 2009
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES, ROSENTHAL -- Multi-Sponsored by
         -- M. of A.  LATIMER -- read once and referred  to  the  Committee  on
         Environmental  Conservation  -- reported from committee, advanced to a
         third reading, amended and ordered reprinted, retaining its  place  on
         the order of third reading
       AN  ACT to amend the environmental conservation law, in relation to high
         local environmental impact communities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 3-0308 to read as follows:
    3  S 3-0308. IDENTIFICATION OF HIGH LOCAL ENVIRONMENTAL IMPACT ZONES.
    4    1. THE COMMISSIONER SHALL PUBLISH A BIENNIAL LIST OF "HIGH LOCAL ENVI-
    5  RONMENTAL IMPACT ZONES", WHICH SHALL IDENTIFY THOSE AREAS OF  THE  STATE
    6  WHICH  ARE  MOST  ADVERSELY  AFFECTED BY EXISTING ENVIRONMENTAL HAZARDS.
    7  SUCH LIST SHALL IDENTIFY HIGH LOCAL ENVIRONMENTAL  IMPACT  ZONES  IN  AS
    8  SPECIFIC  DETAIL  AS  IS  PRACTICABLE,  AND SHALL IDENTIFY SUCH ZONES BY
    9  CENSUS TRACT, CENSUS BLOCK GROUP OR NINE DIGIT ZIP CODE  TO  THE  EXTENT
   10  POSSIBLE,  AND  SHALL AT A MINIMUM INCLUDE ZONES EXISTING IN WHOLE OR IN
   11  PART IN NO FEWER THAN FIVE PERCENT OF THE FIVE-DIGIT ZIP  CODES  IN  THE
   12  STATE.  IN  COMPILING  SUCH  LIST, THE COMMISSIONER SHALL CONSIDER, AT A
   13  MINIMUM, EACH OF THE FOLLOWING FACTORS, AS WELL  AS  ANY  OTHER  FACTORS
   14  THAT  THE COMMISSIONER DEEMS RELEVANT TO A DETERMINATION OF THE RELATIVE
   15  ADVERSE ENVIRONMENTAL IMPACT ON LOCAL COMMUNITIES:
   16    A. THE QUANTITIES OF TOXIC  CHEMICALS  RELEASED  WITHIN  THE  AREA  AS
   17  REPORTED IN THE TOXICS RELEASE INVENTORY COMPILED PURSUANT TO THE FEDER-
   18  AL  EMERGENCY  PLANNING  AND  COMMUNITY  RIGHT-TO-KNOW ACT (42 U.S.C. SS
   19  11001 ET SEQ.);
   20    B. THE QUANTITIES OF EMISSIONS, DISCHARGES AND STORED WASTE AUTHORIZED
   21  AT FACILITIES LOCATED IN THE AREA BY PERMITS ISSUED PURSUANT TO ARTICLES
   22  17, 19, 27, 29 AND 40 OF THIS CHAPTER;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03907-04-0
       A. 8489--A                          2
    1    C. THE QUANTITIES OF PESTICIDES SOLD AND USED IN THE AREA AS REFLECTED
    2  IN THE PESTICIDE SALES AND USE DATA BASE ESTABLISHED PURSUANT TO SECTION
    3  33-1201 OF THIS CHAPTER;
    4    D. THE NUMBER OF WATER BODIES IN OR ADJACENT TO THE AREA IDENTIFIED BY
    5  THE  DEPARTMENT  AS  IMPAIRED  PURSUANT TO S 303(D) OF THE FEDERAL WATER
    6  POLLUTION ACT (42 U.S.C. S 1313(D)), AND THE RELATIVE SIZE  AND  IMPAIR-
    7  MENT OF THOSE BODIES OF WATER;
    8    E.  THE  NUMBER OF INACTIVE HAZARDOUS WASTE DISPOSAL SITES, AS DEFINED
    9  IN SECTION 27-1301 OF THIS CHAPTER, IN THE AREA, AND THE RELATIVE AMOUNT
   10  OF HAZARDOUS WASTE AT THOSE SITES;
   11    F. THE NUMBER AND QUANTITY OF DISCHARGES OF PETROLEUM  AS  DEFINED  IN
   12  ARTICLE 12 OF THE NAVIGATION LAW;
   13    G.  WHETHER  THE AREA IS ADJACENT TO ONE OR MORE OTHER AREAS WHICH ARE
   14  FOUND TO BE HIGH LOCAL ENVIRONMENTAL IMPACT  ZONES,  WHERE  THE  ADVERSE
   15  ENVIRONMENTAL IMPACTS IN SUCH DESIGNATED ZONES ALSO HAVE ADVERSE IMPACTS
   16  ON ADJACENT AREAS; AND
   17    H. WHETHER THE AREA IS INCLUDED IN AN AREA DESIGNATED AS NONATTAINMENT
   18  FOR  ONE  OR  MORE POLLUTANTS PURSUANT TO S 107 OF THE FEDERAL CLEAN AIR
   19  ACT (42 U.S.C. S4207).
   20    2. THE COMMISSIONER SHALL PUBLISH THE LISTING OF HIGH  LEVEL  ENVIRON-
   21  MENTAL  IMPACT  ZONES  REQUIRED  BY THIS SECTION IN A REPORT WHICH SHALL
   22  IDENTIFY THE FACTORS  CONSIDERED  BY  THE  COMMISSIONER  AND  HOW  THOSE
   23  FACTORS  WERE  WEIGHED IN MAKING SUCH DESIGNATIONS. SUCH REPORT SHALL BE
   24  MADE AVAILABLE TO THE PUBLIC IN PRINTED FORM  AND  ON  THE  DEPARTMENT'S
   25  WEBSITE. THE FIRST SUCH REPORT SHALL BE PUBLISHED WITHIN TWO YEARS AFTER
   26  THE EFFECTIVE DATE OF THIS SECTION.
   27    S 2. This act shall take effect immediately.