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
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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:
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.
LBD01175-01-5
S. 959 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.