Senate Bill S2357

                                
 
BILL NUMBER: S2357

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to incorporating
environmental justice considerations into major utility transmission
facility siting

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require that the siting process for major utility trans-
mission facilities must include consideration of environmental justice
issues, as is required under the new Article X power plant siting law,

 
SUMMARY OF SPECIFIC PROVISIONS:

Bill § 1 amends § 122 of the Public Service Law (PSI) to require an
application for a certificate of environmental compatibility and public
need to include an evaluation of any significant and adverse dispropor-
tionate environmental impacts of the proposed facility on any environ-
              

mental justice area. Such evaluation shall be conducted in accordance
with rules and regulations promulgated pursuant to new PSI § 131 and
shall identify and include any studies relied upon. Bill § 2 amends PSL
§ 126 to provide that, if the Public Service Commission (PSC) finds that
the facility results in or contributes to a significant and adverse is
proportionate environmental impact in a community in which an environ-
mental justice area is located, the applicant will avoid, offset or
minimize the impacts caused by the facility upon the local community for
the duration that the certificate is issued to the maximum extent prac-
ticable using verifiable measures. Bill § 3 amends PSL § 128 to provide
that the grounds for judicial review shall include whether the PSC order
and opinion was made in accordance with procedures established in the
DEC rules and regulations promulgated pursuant to § 1.31, and was made
pursuant to a process that afforded meaningful involvement of citizens
affected by the facility regardless of age, race, color, national origin
or income. Bill § 4 adds a new PSL § 131 requiring the Department of
Environmental Conservation (DEC) to promulgate rules and regulations
guiding the evaluation of environmental justice impacts of proposed
transmission facilities. Such rules and regulations shall include the
definition of "environmental justice area" promulgated by DEC pursuant
to PSL § 164 and shall at a minimum, require a comprehensive demograph-
ic, economic and physical description of any such area which will be
significantly and adversely impacted by construction and operation of
the facility, compared and contrasted with the county in which the
facility is proposed and with adjacent communities within such county.
The evaluation shall include reasonably available data on population,
racial and ethnic characteristics, income levels, open space, and Public
health data, including Health Department data on incidence of asthma and
cancer. DEC may make appropriate distinctions in such rules and regu-
lations for different types of transmission facilities. Bill § 5
provides that on and after the 366th day after the bill becomes law, the
PSC shall not accept any application for a certificate pursuant to PSL §
122 until DEC has promulgated the rules and regulations required by §
131.

 
JUSTIFICATION:


The Legislature and Governor recently enacted new legislation to stream-
line power plant siting (PSL Article X, added by Chapter 388 of the Laws
of 2011). One key component of this legislation was the addition of
explicit requirements for the analysis of environmental justice issues
associated with the siting of such facilities. It was important to
include consideration of environmental justice issues because the new
power plant siting process replaced the review of such facilities under
the State Environmental Quality Review Act (SEQRA), including specific
consideration of environmental justice under DEC's Commissioner Policy
29 ("Environmental Justice and Permitting"). Environmental justice is
defined as the fair treatment and meaningful involvement of ail people
regardless of race, color, national origin or income with respect to the
development, implementation and enforcement of environmental laws, regu-
lations and policies. Fair treatment means that no group of people
should bear a disproportionate share of the negative environmental
consequences of such policies. Meaningful impact means that people have
an opportunity to participate in and impact a regulatory agency's deci-
sions, and require the decision makers to seek out and facilitate the
involvement of those potentially affected.  Historically, previous
versions of the power plant siting law (variously, PSL Article VIII or
X) did not have an explicit environmental justice component, but the
Governor and Legislature felt that the addition of such provisions was
necessary to reduce disproportionate environmental impacts in overbur-
dened communities. The original power plant siting laws were based on
the process for transmission facility siting in PSL Article VII, which
also exempts applicants from compliance with SEQRA. However, the need
for consideration of environmental justice issues is no less compelling
in siting major energy transmission facilities than it is for power
plants or other facilities which require DEC permits. This bill would
apply the model for analysis of environmental justice issues adopted in
the new Article X to future applications under Article VII. Such
analyses will be governed by DEC regulations, which will be similar to
those the agency is currently promulgating for reviews under Article X.
As with Chapter 388, this bill provides that such regulations must be
adopted and applied to Article VII applications 12 months after its
effective date. Enactment of this b ill will also fulfill the commit-
ments made in the 2009 State Energy Plan that "future energy-related
decisions made by state agencies and authorities must consider the envi-
ronmental and health impacts agency actions will have on environmental
justice communities."

 
PRIOR LEGISLATIVE HISTORY:

2017/18: S3073 - Referred to Energy and Telecom

2015-2016: S.1733 - Referred to Energy and Telecom

2013-2014: 5.5417/A.2521 - Died in Energy& Telecom / Died in Energy

2012: A.10604

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately; provided that nothing in the bill shall be construed to
limit any administrative authority, with respect to matters included in
this act, which authority existed prior to such effective date.  Within
12 months of the effective date, all rules and regulations are required
to be adopted.