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.