S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9799
 
                           I N  A S S E M B L Y
 
                              April 18, 2022
                                ___________
 
 Introduced  by  M.  of A. MITAYNES, SEPTIMO, KELLES, SIMON, GALLAGHER --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  an  indirect  source  review for certain warehouse oper-
   ations
 
   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 article 74 to read as follows:
                                ARTICLE 74
                          INDIRECT SOURCE REVIEW
 SECTION 74-0101. DEFINITIONS.
         74-0103. INDIRECT SOURCE REVIEW.
         74-0105. ZERO EMISSIONS ZONES STUDY.
 § 74-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "HEAVY  DISTRIBUTION  WAREHOUSE" MEANS A FACILITY THAT FALLS UNDER
 ONE OF THE FOLLOWING CATEGORIES:
   (A) FULFILLMENT CENTER. A FACILITY WHOSE PRIMARY  PURPOSE  IS  STORAGE
 AND  DISTRIBUTION  OF E-COMMERCE GOODS TO CONSUMERS OR END-USERS, EITHER
 DIRECTLY OR THROUGH A PARCEL HUB.
   (B) PARCEL HUB. A LAST MILE FACILITY OR SIMILAR FACILITY WHOSE PRIMARY
 PURPOSE IS PROCESSING OR REDISTRIBUTION OF GOODS FOR  DELIVERY  DIRECTLY
 TO  CONSUMERS OR END-USERS, BY MOVING A SHIPMENT FROM ONE MODE OF TRANS-
 PORT TO A VEHICLE WITH A  RATED  CAPACITY  OF  LESS  THAN  TEN  THOUSAND
 POUNDS.
   (C) PARCEL SORTING FACILITY. A FACILITY WHOSE PRIMARY PURPOSE IS SORT-
 ING  OR  REDISTRIBUTION  OF  GOODS FROM A FULFILLMENT CENTER TO A PARCEL
 HUB.
   2. "QUALIFYING WAREHOUSE" MEANS ANY HEAVY DISTRIBUTION WAREHOUSE  THAT
 IS FIFTY THOUSAND SQUARE FEET OR GREATER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14693-03-2
 A. 9799                             2
              

 
   3.  "WAREHOUSE  OPERATOR"  MEANS  ANY  ENTITY THAT CONDUCTS DAY-TO-DAY
 OPERATIONS AT  A  HEAVY  DISTRIBUTION  WAREHOUSE,  INCLUDING  OPERATIONS
 CONDUCTED THROUGH THE USE OF THIRD-PARTY CONTRACTORS.
 § 74-0103. INDIRECT SOURCE REVIEW.
   1.  NO  LATER  THAN  TWELVE  MONTHS  AFTER  THE EFFECTIVE DATE OF THIS
 SECTION, THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS PROVIDING
 FOR  THE  FACILITY-BY-FACILITY  REVIEW  OF  QUALIFYING  WAREHOUSES   AND
 ADOPTION  OF  MEASURES TO REDUCE AIR POLLUTION ASSOCIATED WITH EMISSIONS
 RELATED TO QUALIFYING  WAREHOUSE  OPERATIONS,  INCLUDING  MOBILE  SOURCE
 EMISSIONS.
   2.  IN  CRAFTING  SUCH  RULES  AND  REGULATIONS,  THE DEPARTMENT SHALL
 CONSIDER MEASURES INCLUDING BUT NOT LIMITED TO REQUIRING  ALL  WAREHOUSE
 OPERATORS  TO  IMPLEMENT  AN AIR EMISSIONS REDUCTION AND MITIGATION PLAN
 DEVELOPED OR APPROVED BY THE DEPARTMENT; CREATING A POINTS SYSTEM  UNDER
 WHICH WAREHOUSE OPERATORS MUST GAIN A CERTAIN NUMBER OF POINTS, BASED ON
 THE  AMOUNT OF TRUCK TRAFFIC THAT RESULTS FROM THEIR OPERATIONS, THROUGH
 MITIGATION MEASURES SUCH AS ACQUIRING AND USING ZERO-EMISSIONS VEHICLES,
 INSTALLING AND USING ON-SITE ELECTRIC VEHICLE CHARGING EQUIPMENT,  USING
 ALTERNATIVES  TO  TRUCK  OR  VAN  TRIPS  FOR INCOMING OR OUTGOING TRIPS,
 AND/OR INSTALLING SOLAR ELECTRIC POWER GENERATION  AND  BATTERY  STORAGE
 SYSTEMS;  AND  REQUIRING  ENHANCED  MITIGATION  MEASURES  FOR WAREHOUSES
 LOCATED NEAR SENSITIVE RECEPTORS INCLUDING BUT NOT LIMITED  TO  SCHOOLS,
 DAYCARES, PLAYGROUNDS, PARKS, HOSPITALS, SENIOR CENTERS OR NURSING HOMES
 AND  DISADVANTAGED  COMMUNITIES  AS  DEFINED  BY SECTION 75-0101 OF THIS
 CHAPTER.
   3. (A) THE DEPARTMENT SHALL REQUIRE ANY PROPOSED  NEW  DEVELOPMENT  OR
 MAJOR  MODIFICATION  OF  A QUALIFYING WAREHOUSE TO FIRST OBTAIN A PERMIT
 DEMONSTRATING  THAT  ANY   ADDITIONAL   TRAFFIC   RESULTING   FROM   ITS
 CONSTRUCTION  AND  OPERATION  WILL NOT RESULT IN A VIOLATION OF NATIONAL
 AMBIENT AIR QUALITY STANDARDS ESTABLISHED BY THE  FEDERAL  ENVIRONMENTAL
 PROTECTION AGENCY OR, IF A VIOLATION ALREADY EXISTS, WILL NOT EXACERBATE
 SUCH VIOLATION.
   (B)  THE  DEPARTMENT  SHALL  REQUIRE  APPLICANTS TO SUBMIT INFORMATION
 NECESSARY TO MAKE SUCH A DETERMINATION PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, INCLUDING BUT NOT LIMITED TO, PROJECTED AVERAGE  NUMBER  OF
 DAILY  TRUCK TRIPS AND PRIMARY ROUTES TO THE FACILITY, A STUDY OF POTEN-
 TIAL TRAFFIC AND CONGESTION IMPACTS,  IDENTIFICATION  OF  ALL  SENSITIVE
 RECEPTORS, INCLUDING BUT NOT LIMITED TO, SCHOOLS, DAYCARES, PLAYGROUNDS,
 PARKS,  HOSPITALS,  SENIOR  CENTERS  OR  NURSING HOMES NEAR THE PROPOSED
 WAREHOUSE OR NEAR THE PRIMARY TRUCK ROUTES,  AND  AN  INITIAL  EMISSIONS
 REDUCTION AND MITIGATION PLAN AS PROVIDED FOR IN SUBDIVISION TWO OF THIS
 SECTION.
   4.  THE  DEPARTMENT  SHALL  ESTABLISH ONGOING MONITORING AND REPORTING
 REQUIREMENTS FOR WAREHOUSE OPERATORS. ALL REPORTS SHALL BE MADE ACCESSI-
 BLE TO THE PUBLIC AND POSTED ON A PUBLICLY AVAILABLE WEBSITE.  REPORTING
 REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANNUAL REPORTING OF:
   (A)  THE AVERAGE DAILY NUMBER OF INBOUND AND OUTBOUND VEHICLE TRIPS BY
 VEHICLE WEIGHT AND CLASS, AND BY TIME OF DAY AND DAY OF THE WEEK;
   (B) THE AVERAGE DAILY VEHICLE MILES TRAVELED FOR ALL  VEHICLES  MAKING
 INBOUND AND OUTBOUND TRIPS TO AND FROM THE QUALIFYING WAREHOUSE;
   (C) THE AVERAGE DAILY VEHICLE MILES TRAVELED AND NUMBER OF INBOUND AND
 OUTBOUND  TRIPS FOR ALTERNATIVE MODES OF FREIGHT SUCH AS CARGO BICYCLES,
 WATERBORNE TRANSPORT AND DRONES;
   (D) A HEAT MAP OF THE FREQUENCY DATA FOR TRIP DESTINATIONS;
   (E) THE NUMBER OF JOBS AT THE FACILITY, INCLUDING DRIVERS  AND  OTHERS
 EMPLOYED  BY  THIRD-PARTY CONTRACTORS, WITH A BREAKDOWN OF PERCENTAGE OF
 A. 9799                             3
 
 PART-TIME AND FULL-TIME EMPLOYEES,  INDEPENDENT  CONTRACTORS,  UNIONIZED
 AND NON-UNION EMPLOYEES;
   (F)  THE  PERCENTAGE OF VEHICLES USED, SPECIFYING ON-ROAD VEHICLES AND
 OFF-ROAD VEHICLES AS WELL AS WEIGHT AND VEHICLE  CLASS,  THAT  ARE  ZERO
 EMISSIONS;
   (G)  THE  NUMBER  OF  ELECTRIC VEHICLE CHARGING STATIONS INSTALLED AND
 ACTUAL USAGE;
   (H) THE NUMBER OF  HYDROGEN  FUELING  STATIONS  INSTALLED  AND  ACTUAL
 USAGE;
   (I)   THE  NUMBER  OF  ON-SITE  RENEWABLE  ENERGY  GENERATION  SYSTEMS
 INSTALLED; AND
   (J) ANY OTHER  INFORMATION  NECESSARY  TO  EFFECTIVELY  IMPLEMENT  AND
 ENFORCE ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION.
   5.  THE  DEPARTMENT  SHALL IMPOSE AN ANNUAL REGISTRATION FEE FOR WARE-
 HOUSE OPERATORS, AND INSTITUTE ADDITIONAL FEES FOR  WAREHOUSE  OPERATORS
 THAT FAIL TO SUBMIT AN APPROVED PLAN PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION  OR  TO OTHERWISE COMPLY WITH ANY RULE OR REGULATION PROMULGATED
 PURSUANT TO THIS SECTION. SUCH FEES SHALL BE DETERMINED BY  THE  COMMIS-
 SIONER.
 § 74-0105. ZERO EMISSIONS ZONES STUDY.
   WITHIN  TWELVE  MONTHS  OF  THE  EFFECTIVE  DATE  OF THIS SECTION, THE
 DEPARTMENT SHALL COMPLETE A STUDY ON THE FEASIBILITY, BENEFITS AND COSTS
 OF IMPLEMENTING LOW- AND ZERO-EMISSIONS DESIGNATED ZONES FOR MEDIUM- AND
 HEAVY-DUTY VEHICLES WITHIN THE STATE THAT  ARE  DESIGNED  TO  LOWER  AIR
 POLLUTION,  CONGESTION,  GREENHOUSE  GAS  EMISSIONS,  AND  NOISE, AND TO
 INCREASE SAFETY. THE STUDY SHALL INCLUDE RECOMMENDATIONS FOR IMPLEMENTA-
 TION OF LOW- AND ZERO-EMISSIONS ZONES AT THE STATE AND LOCAL  LEVEL  AND
 SHALL BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON A PUBLICLY AVAILABLE
 WEB SITE. IN CONDUCTING THE STUDY, THE DEPARTMENT SHALL CONSIDER:
   1. CREATION OF ZONES RESTRICTING DELIVERIES TO ZERO-EMISSIONS DELIVERY
 VEHICLES ONLY;
   2.  CREATION  OF  ZONES  REQUIRING  DELIVERY  VEHICLES TO MEET CERTAIN
 STRINGENT EMISSIONS STANDARDS;
   3. CREATION OF ZONES REQUIRING A  FEE  FOR  ENTRY  FOR  DIESEL-POWERED
 MEDIUM- AND HEAVY-DUTY VEHICLES;
   4.  PRIORITIZATION  OF  LOW- AND ZERO-EMISSIONS ZONES WITHIN DISADVAN-
 TAGED COMMUNITIES IDENTIFIED UNDER ARTICLE SEVENTY-FIVE OF THIS CHAPTER;
 NONATTAINMENT ZONES UNDER THE NATIONAL AMBIENT AIR QUALITY STANDARDS SET
 BY THE FEDERAL ENVIRONMENTAL PROTECTION  AGENCY;  AND  OTHER  VULNERABLE
 AREAS  INCLUDING  AREAS  PROXIMATE  TO  SCHOOLS, HOSPITALS, AND ENVIRON-
 MENTALLY SENSITIVE LOCATIONS;
   5. INCENTIVES AND ENFORCEABLE MEASURES  FOR  LOW-  AND  ZERO-EMISSIONS
 ZONES, INCLUDING FEES;
   6. MEASURES TO ENSURE REINVESTMENT OF ANY REVENUES FROM FEES IN PUBLIC
 TRANSIT AND ZERO-EMISSIONS TRANSPORTATION INFRASTRUCTURE;
   7.  EQUITY  CONSIDERATIONS, INCLUDING PREVENTING UNINTENDED REGRESSIVE
 COST IMPACTS FOR LOW- AND MODERATE-INCOME NEW YORKERS; AND
   8. BARRIERS TO IMPLEMENTING LOW- AND ZERO-EMISSIONS ZONES IN THE STATE
 AND RECOMMENDATIONS FOR OVERCOMING SUCH BARRIERS.
   § 2. This act shall take effect immediately.