Bill Text: NY S00959 | 2015-2016 | General Assembly | Introduced
Bill Title: Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones; provides that high local environmental impact zones are areas most adversely affected by existing environmental hazards.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00959 Detail]
Download: New_York-2015-S00959-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 959 2015-2016 Regular Sessions I N S E N A T E January 7, 2015 ___________ Introduced by Sens. SERRANO, AVELLA, CARLUCCI, DILAN, HASSELL-THOMPSON, HOYLMAN, KRUEGER, LATIMER, PARKER, PERKINS, SANDERS, SAVINO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation 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. LBD01175-01-5 S. 959 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.