Assembly Bill A1862

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1862
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of A. PEOPLES-STOKES, ROSENTHAL, COLTON -- 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:
 § 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.  §§
 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.
              

                                                            LBD06070-01-7

 A. 1862                             2
 
   D. THE NUMBER OF WATER BODIES IN OR ADJACENT TO THE AREA IDENTIFIED BY
 THE  DEPARTMENT  AS  IMPAIRED  PURSUANT TO § 303(D) OF THE FEDERAL WATER
 POLLUTION ACT (42 U.S.C. § 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 § 107 OF THE FEDERAL CLEAN AIR
 ACT (42 U.S.C. §4207).
   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.
   § 2.  This act shall take effect immediately.