NY State Senate Bill S181

Archive: Last Bill Status Via A1779 - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2019	tabled vetoed memo.136
Nov 08, 2019	delivered to governor
Apr 30, 2019	returned to assembly passed senate 3rd reading cal.74 substituted for s181
Apr 30, 2019	substituted by a1779
Feb 04, 2019	advanced to third reading
Jan 29, 2019	2nd report cal.
Jan 28, 2019	1st report cal.74
Jan 09, 2019	referred to environmental conservation

Votes

view votes

Apr 30, 2019 - floor Vote

A1779

floor

Aye

Nay

Absent

Excused

Abstained

Jan 28, 2019 - Environmental Conservation committee Vote

S181

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jan 28, 2019

aye (8)

nay (2)

aye wr (1)

LaValle

Co-Sponsors

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S181 (ACTIVE) - Details

See Assembly Version of this Bill:: A1779
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0308, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1330, A8489
2011-2012: S2703, A611
2013-2014: S931, A3729
2015-2016: S959, A3382
2017-2018: S3199, A1862

S181 (ACTIVE) - Summary

Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones; provides that high local environmental impact zones are areas most adversely affected by existing environmental hazards.

S181 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S181

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to high
local environmental impact communities

 
PURPOSE:

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.

Section 1 of the bill adds a new section 3-0308 to the Environmental
Conservation Law requiring DEC to publish a list of "high local environ-
mental 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 non-attainment for one or more
pollutants 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.

 
EXISTING LAW:

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
provisions 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 inter-
ests 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, presum-
ably due to the belief that the "incremental" adverse impact would be
less in such an area than in a "pristine" area with no existing environ-
mental 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 environ-
mental hazards.

The need for consideration of such cumulative impacts has been recog-
nized at the federal level, where the EPA has established a principle of
"fair treatment" in environmental decision-making, as mandated by Presi-
dent Clinton's 1994 Executive Order on Environmental Justice. This bill
will help to ensure that New York State similarly recognizes the exist-
ence of such overburdened communities, and that future siting decisions
are made only after considering the potential adverse impacts on these
communities.

 
LEGISLATIVE HISTORY:

This legislation was submitted during the 2001-02 legislative session
(Attorney General Program bill 20-01). As A.7862-A, it passed the Assem-
bly in 2003 and 2004, and was referred in each year to the Senate Envi-
ronmental Conservation Committee.

2009/10: Passed Senate and Assembly - Vetoed by the Governor.
2011/12: S2703 - Referred to Environmental Conservation
2013/14: S931 - Referred to Environmental Conservation
2015/16: S959 - Referred to Environmental Conservation
2017/18: S3199 - Passed Assembly. Died in Senate. Passed Assembly.
Delivered to Senate and Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

The Department of Environmental Conservation may require some minor
additional resources to implement the requirements of this bill.

 
EFFECTIVE DATE:
The bill would take effect immediately, and the first report would be
published within two years of such effective date.

S181 (ACTIVE) - Bill Text download pdf


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

                                   181

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. SERRANO, ADDABBO, BAILEY, CARLUCCI, HOYLMAN, KRUEG-
  ER, PARKER, SANDERS, SAVINO, SEPULVEDA, 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:
§ 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03198-01-9

S. 181                              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 § 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.

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The New York State Senate

senate Bill S181

Sponsored By

Archive: Last Bill Status Via A1779 - Vetoed by Governor

Your Voice

Actions

Votes

Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Jan 28, 2019 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 28, 2019

Co-Sponsors

S181 (ACTIVE) - Details

S181 (ACTIVE) - Summary

S181 (ACTIVE) - Sponsor Memo

S181 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S181

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Archive: Last Bill Status Via A1779 - Vetoed by Governor

Your Voice

Actions

Votes

Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Jan 28, 2019 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 28, 2019

Co-Sponsors

S181 (ACTIVE) - Details

S181 (ACTIVE) - Summary

S181 (ACTIVE) - Sponsor Memo

S181 (ACTIVE) - Bill Text download pdf

Comments