NY State Assembly Bill A8489A

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 16, 2010	tabled
Aug 13, 2010	vetoed memo.6758
Aug 03, 2010	delivered to governor
May 11, 2010	returned to assembly passed senate
Apr 26, 2010	advanced to third reading
Apr 21, 2010	2nd report cal.419 substituted for s1330
Apr 20, 2010	referred to environmental conservation delivered to senate passed assembly
Apr 13, 2010	amended on third reading 8489a
Jan 06, 2010	ordered to third reading cal.591 returned to assembly died in senate
Jun 15, 2009	referred to rules
Jun 16, 2009	delivered to senate
Jun 11, 2009	passed assembly
Jun 10, 2009	ordered to third reading rules cal.216 rules report cal.216 reported reported referred to rules
Jun 02, 2009	reported referred to ways and means
May 21, 2009	referred to environmental conservation

Votes

Bill Amendments

Original

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Original

A (Active)

Co-Sponsors

Multi-Sponsors

A8489 - Details

See Senate Version of this Bill:: S1330
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0308, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A611, S2703
2013-2014: A3729, S931
2015-2016: A3382, S959
2017-2018: A1862, S3199
2019-2020: A1779, S181

A8489 - Summary

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.

A8489 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8489

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by M. of A. PEOPLES -- read once and referred to the Commit-
  tee 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:

  Section 1. The environmental conservation law is amended by  adding  a
new section 3-0308 to read as follows:
S 3-0308. IDENTIFICATION OF HIGH LOCAL ENVIRONMENTAL IMPACT ZONES.
  1. THE COMMISSIONER SHALL PUBLISH A BIENNIAL LIST OF "HIGH LOCAL ENVI-
RONMENTAL  IMPACT  ZONES", WHICH SHALL IDENTIFY THOSE AREAS OF THE STATE
WHICH ARE MOST ADVERSELY AFFECTED  BY  EXISTING  ENVIRONMENTAL  HAZARDS.
SUCH  LIST  SHALL  IDENTIFY  HIGH LOCAL ENVIRONMENTAL IMPACT ZONES IN AS
SPECIFIC DETAIL AS IS PRACTICABLE, AND  SHALL  IDENTIFY  SUCH  ZONES  BY
CENSUS  TRACT,  CENSUS  BLOCK GROUP OR NINE DIGIT ZIP CODE TO THE EXTENT
POSSIBLE, AND SHALL AT A MINIMUM INCLUDE ZONES EXISTING IN WHOLE  OR  IN
PART  IN  NO  FEWER THAN FIVE PERCENT OF THE FIVE-DIGIT ZIP CODES IN THE
STATE. IN COMPILING SUCH LIST, THE COMMISSIONER  SHALL  CONSIDER,  AT  A
MINIMUM,  EACH  OF  THE  FOLLOWING FACTORS, AS WELL AS ANY OTHER FACTORS
THAT THE COMMISSIONER DEEMS RELEVANT TO A DETERMINATION OF THE  RELATIVE
ADVERSE ENVIRONMENTAL IMPACT ON LOCAL COMMUNITIES:
  A.  THE  QUANTITIES  OF  TOXIC  CHEMICALS  RELEASED WITHIN THE AREA AS
REPORTED IN THE TOXICS RELEASE INVENTORY COMPILED PURSUANT TO THE FEDER-
AL EMERGENCY PLANNING AND COMMUNITY  RIGHT-TO-KNOW  ACT  (42  U.S.C.  SS
11001 ET SEQ.);
  B. THE QUANTITIES OF EMISSIONS, DISCHARGES AND STORED WASTE AUTHORIZED
AT FACILITIES LOCATED IN THE AREA BY PERMITS ISSUED PURSUANT TO ARTICLES
17, 19, 27, 29 AND 40 OF THIS CHAPTER;
  C. THE QUANTITIES OF PESTICIDES SOLD AND USED IN THE AREA AS REFLECTED
IN THE PESTICIDE SALES AND USE DATA BASE ESTABLISHED PURSUANT TO SECTION
33-1201 OF THIS CHAPTER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03907-03-9

A. 8489                             2

  D. THE NUMBER OF WATER BODIES IN OR ADJACENT TO THE AREA IDENTIFIED BY
THE  DEPARTMENT  AS  IMPAIRED  PURSUANT TO S 303(D) OF THE FEDERAL WATER
POLLUTION ACT (42 U.S.C. S 1313(D)), AND THE RELATIVE SIZE  AND  IMPAIR-
MENT OF THOSE BODIES OF WATER;
  E.  THE  NUMBER OF INACTIVE HAZARDOUS WASTE DISPOSAL SITES, AS DEFINED
IN SECTION 27-1301 OF THIS CHAPTER, IN THE AREA, AND THE RELATIVE AMOUNT
OF HAZARDOUS WASTE AT THOSE SITES;
  F. THE NUMBER AND QUANTITY OF DISCHARGES OF PETROLEUM  AS  DEFINED  IN
ARTICLE 12 OF THE NAVIGATION LAW;
  G.  WHETHER  THE AREA IS ADJACENT TO ONE OR MORE OTHER AREAS WHICH ARE
FOUND TO BE HIGH LOCAL ENVIRONMENTAL IMPACT  ZONES,  WHERE  THE  ADVERSE
ENVIRONMENTAL IMPACTS IN SUCH DESIGNATED ZONES ALSO HAVE ADVERSE IMPACTS
ON ADJACENT AREAS; AND
  H. WHETHER THE AREA IS INCLUDED IN AN AREA DESIGNATED AS NONATTAINMENT
FOR  ONE  OR  MORE POLLUTANTS PURSUANT TO S 107 OF THE FEDERAL CLEAN AIR
ACT (42 U.S.C. S4207).
  2. THE COMMISSIONER SHALL PUBLISH THE LISTING OF HIGH  LEVEL  ENVIRON-
MENTAL  IMPACT  ZONES  REQUIRED  BY THIS SECTION IN A REPORT WHICH SHALL
IDENTIFY THE FACTORS  CONSIDERED  BY  THE  COMMISSIONER  AND  HOW  THOSE
FACTORS  WERE  WEIGHED IN MAKING SUCH DESIGNATIONS. SUCH REPORT SHALL BE
MADE AVAILABLE TO THE PUBLIC IN PRINTED FORM  AND  ON  THE  DEPARTMENT'S
WEBSITE. THE FIRST SUCH REPORT SHALL BE PUBLISHED WITHIN TWO YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION.
  S  2.   This act shall take effect on the twentieth day after it shall
have become a law.

Co-Sponsors

Multi-Sponsors

A8489A (ACTIVE) - Details

See Senate Version of this Bill:: S1330
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0308, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A611, S2703
2013-2014: A3729, S931
2015-2016: A3382, S959
2017-2018: A1862, S3199
2019-2020: A1779, S181

A8489A (ACTIVE) - Summary

A8489A (ACTIVE) - Sponsor Memo

BILL NUMBER:A8489A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to high local
environmental impact communities

Purpose Or General Idea Of Bill:
This bill requires the Department of Environmental Conservation (DEC)
to publish a list of those areas in the State that are most adversely
affected by existing environmental hazards.

Summary Of Specific Provisions:
Section 1 of the bill adds a new §3-0308 to the Environmental
Conservation Law requiring DEC to publish a list of "high local
environmental impact zones", which are defined as those areas of the
State which are most adversely impacted by existing environmental
hazards. The analysis of environmental burdens experienced in various
areas will be based on the best information available (i.e., at the
level of census tract, census block group or nine-digit zip code) to
allow more precise targeting of high local impact zones wherever
practicable. The biennial list will include zones that exist in whole
or part in at least 5% of the zip codes in the state. In compiling
this list, DEC must consider numerous potentially adverse
environmental impacts within each zip code or area, including:

* releases of toxic chemicals and petroleum discharges;

* emissions, discharges and stored waste authorized by permit;

* the amount of pesticides sold and used;

* the number of bodies of water determined by DEC to be impaired;

* the presence of inactive hazardous waste disposal sites; and

* whether the area has been designated as nonattainment for one of more
polluants pursuant to the federal Clean Air Act.

DEC is required to publish the listing every two years, together with
a report identifying the factors considered and how those factors
were weighed in compiling the list.

Effects Of Present Law Which This Bill Would Alter:
There is no current statutory requirement for the identification of
areas that are most adversely impacted by existing environmental
hazards. Nevertheless, most of the information that DEC is required
to consider in compiling the list of "high local environmental impact
zones" under this bill is already available to DEC pursuant to
existing provision of state and federal law.

Justification:
The siting of projects with potential adverse environmental impacts is
a complex and difficult process. Local residents are never in favor
of having such projects located in their communities, and thus
government decision makers must undertake a difficult balancing of
competing interests in order to select the most appropriate location
for the project. Historically, geographical areas with existing
environmental hazards have frequently been selected for the placement
of new projects, presumably due to the belief that the "incremental"
adverse impact would be less in such an area than in a "pristine"
area with no existing environmental problems.

Unfortunately, this process can lead to a concentration of
environmental hazards within a small geographical area, and a
concomitant increased risk to residents of those areas, Residents of
communities with a .high presence of environmental pollution are
frequently disproportionately afflicted with associated health
problems, and there is widespread recognition that such communities
are disproportionately populated by persons of low income and/or
persons of color.

This bill seeks to address this problem by requiring DEC to identify
"high local environmental impact zones", which are defined as those
areas of the State that are most adversely impacted by existing
environmental hazards.

The need for consideration of such cumulative impacts has been
recognized at the federal level, where the EPA has established a
principle of "fair treatment" in environmental decision making, as
mandated by President Clinton's 1994 Executive Order on Environmental
Justice. This bill will help to ensure that New York State similarly
recognizes the existence of such overburdened communities, and that
future siting decisions are made only after considering the potential
adverse impacts on these communities,

Prior Legislative History:
2003-04: A.7682-A (R. Diaz) - Passed the Assembly.
2005-06: A.5982 (R. Diaz) - Passed the Assembly.
2007-08: A.2002 (R. Diaz) -  Passed the Assembly.

Fiscal Implications For State And Local Governments:  To be determined.

Effective Date:  The bill would take effect immediately.

A8489A (ACTIVE) - Bill Text download pdf

                    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:

  Section  1.  The environmental conservation law is amended by adding a
new section 3-0308 to read as follows:
S 3-0308. IDENTIFICATION OF HIGH LOCAL ENVIRONMENTAL IMPACT ZONES.
  1. THE COMMISSIONER SHALL PUBLISH A BIENNIAL LIST OF "HIGH LOCAL ENVI-
RONMENTAL IMPACT ZONES", WHICH SHALL IDENTIFY THOSE AREAS OF  THE  STATE
WHICH  ARE  MOST  ADVERSELY  AFFECTED BY EXISTING ENVIRONMENTAL HAZARDS.
SUCH LIST SHALL IDENTIFY HIGH LOCAL ENVIRONMENTAL  IMPACT  ZONES  IN  AS
SPECIFIC  DETAIL  AS  IS  PRACTICABLE,  AND SHALL IDENTIFY SUCH ZONES BY
CENSUS TRACT, CENSUS BLOCK GROUP OR NINE DIGIT ZIP CODE  TO  THE  EXTENT
POSSIBLE,  AND  SHALL AT A MINIMUM INCLUDE ZONES EXISTING IN WHOLE OR IN
PART IN NO FEWER THAN FIVE PERCENT OF THE FIVE-DIGIT ZIP  CODES  IN  THE
STATE.  IN  COMPILING  SUCH  LIST, THE COMMISSIONER SHALL CONSIDER, AT A
MINIMUM, EACH OF THE FOLLOWING FACTORS, AS WELL  AS  ANY  OTHER  FACTORS
THAT  THE COMMISSIONER DEEMS RELEVANT TO A DETERMINATION OF THE RELATIVE
ADVERSE ENVIRONMENTAL IMPACT ON LOCAL COMMUNITIES:
  A. THE QUANTITIES OF TOXIC  CHEMICALS  RELEASED  WITHIN  THE  AREA  AS
REPORTED IN THE TOXICS RELEASE INVENTORY COMPILED PURSUANT TO THE FEDER-
AL  EMERGENCY  PLANNING  AND  COMMUNITY  RIGHT-TO-KNOW ACT (42 U.S.C. SS
11001 ET SEQ.);
  B. THE QUANTITIES OF EMISSIONS, DISCHARGES AND STORED WASTE AUTHORIZED
AT FACILITIES LOCATED IN THE AREA BY PERMITS ISSUED PURSUANT TO ARTICLES
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

  C. THE QUANTITIES OF PESTICIDES SOLD AND USED IN THE AREA AS REFLECTED
IN THE PESTICIDE SALES AND USE DATA BASE ESTABLISHED PURSUANT TO SECTION
33-1201 OF THIS CHAPTER;
  D. THE NUMBER OF WATER BODIES IN OR ADJACENT TO THE AREA IDENTIFIED BY
THE  DEPARTMENT  AS  IMPAIRED  PURSUANT TO S 303(D) OF THE FEDERAL WATER
POLLUTION ACT (42 U.S.C. S 1313(D)), AND THE RELATIVE SIZE  AND  IMPAIR-
MENT OF THOSE BODIES OF WATER;
  E.  THE  NUMBER OF INACTIVE HAZARDOUS WASTE DISPOSAL SITES, AS DEFINED
IN SECTION 27-1301 OF THIS CHAPTER, IN THE AREA, AND THE RELATIVE AMOUNT
OF HAZARDOUS WASTE AT THOSE SITES;
  F. THE NUMBER AND QUANTITY OF DISCHARGES OF PETROLEUM  AS  DEFINED  IN
ARTICLE 12 OF THE NAVIGATION LAW;
  G.  WHETHER  THE AREA IS ADJACENT TO ONE OR MORE OTHER AREAS WHICH ARE
FOUND TO BE HIGH LOCAL ENVIRONMENTAL IMPACT  ZONES,  WHERE  THE  ADVERSE
ENVIRONMENTAL IMPACTS IN SUCH DESIGNATED ZONES ALSO HAVE ADVERSE IMPACTS
ON ADJACENT AREAS; AND
  H. WHETHER THE AREA IS INCLUDED IN AN AREA DESIGNATED AS NONATTAINMENT
FOR  ONE  OR  MORE POLLUTANTS PURSUANT TO S 107 OF THE FEDERAL CLEAN AIR
ACT (42 U.S.C. S4207).
  2. THE COMMISSIONER SHALL PUBLISH THE LISTING OF HIGH  LEVEL  ENVIRON-
MENTAL  IMPACT  ZONES  REQUIRED  BY THIS SECTION IN A REPORT WHICH SHALL
IDENTIFY THE FACTORS  CONSIDERED  BY  THE  COMMISSIONER  AND  HOW  THOSE
FACTORS  WERE  WEIGHED IN MAKING SUCH DESIGNATIONS. SUCH REPORT SHALL BE
MADE AVAILABLE TO THE PUBLIC IN PRINTED FORM  AND  ON  THE  DEPARTMENT'S
WEBSITE. THE FIRST SUCH REPORT SHALL BE PUBLISHED WITHIN TWO YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION.
  S 2. This act shall take effect immediately.

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The New York State Senate

assembly Bill A8489A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

May 11, 2010 - floor Vote

Floor Vote: May 11, 2010

Bill Amendments

Co-Sponsors

Multi-Sponsors

A8489 - Details

A8489 - Summary

A8489 - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A8489A (ACTIVE) - Details

A8489A (ACTIVE) - Summary

A8489A (ACTIVE) - Sponsor Memo

A8489A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A8489A

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Sponsored By

PEOPLES-STOKES

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

May 11, 2010 - floor Vote

Floor Vote: May 11, 2010

Bill Amendments

Co-Sponsors

Linda Rosenthal

Multi-Sponsors

George Latimer

A8489 - Details

A8489 - Summary

A8489 - Bill Text download pdf

Co-Sponsors

Linda Rosenthal

Multi-Sponsors

George Latimer

A8489A (ACTIVE) - Details

A8489A (ACTIVE) - Summary

A8489A (ACTIVE) - Sponsor Memo

A8489A (ACTIVE) - Bill Text download pdf

Comments