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

                                  8111

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by  M. of A. GIANARIS, PERALTA, P. RIVERA, HEASTIE, BRODSKY,
  COLTON, FIELDS, JAFFEE, WRIGHT, PAULIN, KAVANAGH -- Multi-Sponsored by
  -- M. of A. ALFANO, ARROYO, BARRA, BOYLAND, CAHILL, DINOWITZ,  ESPAIL-
  LAT,  GLICK,  GOTTFRIED, LIFTON, LUPARDO, McENENY, PEOPLES, J. RIVERA,
  WALKER -- read once and referred 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:

  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.);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03907-01-9

A. 8111                             2
              

  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;
  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.