The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3211--A
     Cal. No. 337
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- reported favorably from said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring applicants for major  projects  located  near  environmental
   justice communities to submit an enhanced public participation plan
 
   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 58 to read as follows:
                                 ARTICLE 58
                     ENVIRONMENTAL JUSTICE COMMUNITIES
 SECTION 58-0101. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
         58-0103. DEFINITIONS.
         58-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
         58-0107. ENVIRONMENTAL ASSESSMENT.
         58-0109. APPLICANT CERTIFICATION.
         58-0111. PROHIBITIONS.
 § 58-0101. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
   1.  THE  LEGISLATURE  FINDS  AND DECLARES THAT IT IS THE POLICY OF THE
 STATE OF NEW YORK TO PROMOTE ENVIRONMENTAL JUSTICE AND INCORPORATE MEAS-
 URES FOR ACHIEVING ENVIRONMENTAL  JUSTICE  INTO  THE  STATE'S  PROGRAMS,
 POLICIES,  REGULATIONS, LEGISLATIVE PROPOSALS AND ACTIVITIES. THE LEGIS-
 LATURE FURTHER FINDS  AND  DECLARES  THAT  ECONOMICALLY  DISTRESSED  AND
 MINORITY COMMUNITIES IN THE STATE HAVE LONG BORNE A DISPROPORTIONATE AND
 INEQUITABLE  POLLUTION  BURDEN,  CAUSED BY HISTORIC SITING OF SOURCES OF
 POLLUTION IN THOSE COMMUNITIES.
   2. MANY ECONOMICALLY DISTRESSED AND MINORITY COMMUNITIES IN THE  STATE
 SUFFER  FROM  ELEVATED RATES OF RESPIRATORY ILLNESSES, INCLUDING ASTHMA,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04348-02-1

 S. 3211--A                          2
 
 BRONCHITIS, AND EMPHYSEMA, AND OTHER ADVERSE HEALTH  EFFECTS  ASSOCIATED
 WITH THE LONG-TERM AND CHRONIC EXPOSURE TO MULTIPLE SOURCES OF POLLUTION
 RESULTING  FROM THE DISPROPORTIONATE AND INEQUITABLE SITING OF POLLUTION
 SOURCES IN THOSE COMMUNITIES.
   3. THE INTERSECTION OF HIGH ASTHMA RATES, ENVIRONMENTAL POLLUTION, AND
 ENVIRONMENTAL JUSTICE COMMUNITIES IS PREVALENT IN NEW YORK CITY'S "ASTH-
 MA  ALLEY," WHICH COMPRISES PARTS OF QUEENS, THE BRONX, AND BROOKLYN. IN
 ASTORIA, QUEENS, TWO GENERATING STATIONS PROVIDE NEARLY HALF OF NEW YORK
 CITY'S ELECTRICITY. THIS AREA EXPERIENCES ASTHMA RATES GREATER THAN  THE
 BOROUGH AVERAGE.
   4. THE DISPROPORTIONATE AND INEQUITABLE SITING OF POLLUTION SOURCES IN
 ECONOMICALLY  DISTRESSED  AND  MINORITY COMMUNITIES IS IN LARGE PART THE
 RESULT OF INADEQUATE NOTICE TO THOSE COMMUNITIES OF THE PROPOSED  SITING
 OF  THOSE  SOURCES  AND INADEQUATE OPPORTUNITIES FOR COMMUNITY INPUT AND
 PARTICIPATION DURING THE ENVIRONMENTAL PERMIT PROCESS.
   5. THE LEGISLATURE HEREBY FINDS IT IN THE INTEREST  OF  PUBLIC  HEALTH
 AND  SAFETY TO REQUIRE MAJOR PROJECTS LOCATED IN OR ADJACENT TO ENVIRON-
 MENTAL JUSTICE COMMUNITIES TO UNDERGO REVIEW AND TO COMPLY WITH ENHANCED
 NOTICE AND PUBLIC PARTICIPATION REQUIREMENTS.  THE  LEGISLATURE  FURTHER
 FINDS  THAT  ENHANCED  NOTICE  AND PUBLIC PARTICIPATION REQUIREMENTS FOR
 ENVIRONMENTAL JUSTICE  COMMUNITIES  IS  CONSISTENT  WITH  THE  PURPOSES,
 INTENT   AND  REQUIREMENTS  OF  THE  CLIMATE  LEADERSHIP  AND  COMMUNITY
 PROTECTION ACT. IT IS THE INTENT OF THE  LEGISLATURE  THAT  ECONOMICALLY
 DISTRESSED  AND MINORITY COMMUNITIES BE PROVIDED WITH ENHANCED NOTICE OF
 PROPOSED PROJECTS AND ENHANCED OPPORTUNITIES FOR INPUT AND PARTICIPATION
 DURING THE ENVIRONMENTAL PERMIT PROCESS SO THAT THOSE COMMUNITIES HAVE A
 GREATER VOICE IN THE SITING OF NEW OR EXPANDED SOURCES OF POLLUTION.
 § 58-0103. DEFINITIONS.
   1. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE FROM THE PROP-
 ERTY BOUNDARY WHERE A PROPOSED ACTION IS LOCATED OR WILL OCCUR.
   2.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY BEARING A DISPROPORTIONATE OR INEQUITA-
 BLE  POLLUTION BURDEN AND INCLUDES, BUT IS NOT LIMITED TO, ENVIRONMENTAL
 JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   3. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED  BY
 A  POVERTY RATE OF AT LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF AT
 LEAST ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  STATEWIDE  UNEMPLOYMENT
 RATE.
   4. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS IDENTIFIED IN THE DEFINITION
 OF  MINORITY  GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED
 TEN OF THE EXECUTIVE LAW.
   5. "MAJOR PROJECT" SHALL MEAN A PROJECT WHICH IS NOT A  MINOR  PROJECT
 AS DEFINED IN SUBDIVISION THREE OF SECTION 70-0105 OF THIS CHAPTER.
   6.  "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK, OR
 CENSUS BLOCK GROUP THAT INCLUDES TWENTY-FIVE  PERCENT  OR  MORE  OF  ANY
 ETHNIC GROUP.
 § 58-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
   1.  THE  APPLICANT  FOR  A  MAJOR PROJECT LOCATED IN OR ADJACENT TO AN
 ENVIRONMENTAL JUSTICE COMMUNITY SHALL, AS PART OF ITS APPLICATION TO THE
 DEPARTMENT FOR A PERMIT OR APPROVAL, SUBMIT A  WRITTEN  ENHANCED  PUBLIC
 PARTICIPATION  PLAN  TO  THE  DEPARTMENT  FOR  REVIEW  AND APPROVAL. THE
 DEPARTMENT SHALL PROVIDE FOR A PUBLIC COMMENT  PERIOD  ON  THE  ENHANCED
 PUBLIC  PARTICIPATION  PLAN OF NOT LESS THAN THIRTY DAYS. THE DEPARTMENT
 MAY, AFTER CONCLUSION OF THE PUBLIC COMMENT PERIOD, REQUIRE  THE  APPLI-
 CANT  TO REVISE THE ENHANCED PUBLIC PARTICIPATION PLAN TO ADDRESS ISSUES

 S. 3211--A                          3
 
 RAISED DURING THE PUBLIC COMMENT PERIOD  OR  TO  ENSURE  THAT  THE  PLAN
 COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
   2. THE ENHANCED PUBLIC PARTICIPATION PLAN SHALL, AT A MINIMUM, INCLUDE
 THE FOLLOWING:
   (A)  A  DESCRIPTION OF THE PROPOSED PROJECT, INCLUDING POTENTIAL ENVI-
 RONMENTAL IMPACTS OF THE PROPOSED PROJECT;
   (B) A DESCRIPTION OF THE ENVIRONMENTAL JUSTICE COMMUNITY IN WHICH  THE
 PROPOSED PROJECT IS LOCATED OR WHICH IS LOCATED ADJACENT TO THE PROPOSED
 PROJECT,  INCLUDING  A  MAP  OR  MAPS  OF  THE PROJECT AND ENVIRONMENTAL
 JUSTICE COMMUNITY;
   (C) THE LOCATION OF SENSITIVE RECEPTORS IN THE  ENVIRONMENTAL  JUSTICE
 COMMUNITY, INCLUDING HOSPITALS, SCHOOLS, ELDER CARE FACILITIES, DAY CARE
 FACILITIES,  PARKS, AND OTHER SENSITIVE AREAS IDENTIFIED BY THE COMMUNI-
 TY, INCLUDING A MAP SHOWING THE LOCATION OF SUCH RECEPTORS;
   (D) A LIST, DEVELOPED IN CONSULTATION WITH THE  ENVIRONMENTAL  JUSTICE
 COMMUNITY,  OF  REPRESENTATIVE  STAKEHOLDERS IN THE COMMUNITY, INCLUDING
 BUT NOT LIMITED TO RESIDENTS, LOCAL ELECTED  OFFICIALS,  AND  COMMUNITY-
 BASED ORGANIZATIONS;
   (E)  A  DESCRIPTION  OF  THE  MANNER IN WHICH PUBLIC NOTICES AND OTHER
 WRITTEN INFORMATION ABOUT  THE  PROPOSED  PROJECT  WILL  BE  POSTED  AND
 DISTRIBUTED  IN  THE  COMMUNITY  AND UPDATED ON A REGULAR BASIS AND IN A
 TIMELY MANNER;
   (F) A SCHEDULE  FOR  HOLDING  PUBLIC  MEETINGS  IN  THE  ENVIRONMENTAL
 JUSTICE  COMMUNITY  FOR  THE  PURPOSE OF PROVIDING INFORMATION ABOUT THE
 PROPOSED PROJECT, ANSWERING QUESTIONS ABOUT THE PROJECT,  AND  RECEIVING
 INPUT FROM THE COMMUNITY ABOUT THE PROJECT;
   (G)  THE  LOCATION  IN  THE  ENVIRONMENTAL JUSTICE COMMUNITY OF EASILY
 ACCESSIBLE DOCUMENT REPOSITORIES WHERE  WRITTEN  INFORMATION  ABOUT  THE
 PROJECT  WILL BE MADE AVAILABLE, AND ESTABLISHMENT OF A DOCUMENT WEBSITE
 WHERE SUCH INFORMATION WILL BE POSTED;
   (H) AN IMPLEMENTATION SCHEDULE FOR ALL MEASURES SET FORTH IN THE PLAN;
 AND
   (I) PROVISION FOR SUBMISSION BY THE APPLICANT  OF  QUARTERLY  PROGRESS
 REPORTS  TO  THE  DEPARTMENT  AND  THE  ENVIRONMENTAL  JUSTICE COMMUNITY
 CONCERNING IMPLEMENTATION OF THE PLAN.
   3. WRITTEN INFORMATION PROVIDED TO THE ENVIRONMENTAL JUSTICE COMMUNITY
 CONCERNING THE PROPOSED PROJECT SHALL BE PRESENTED IN  AN  EASY-TO-READ,
 UNDERSTANDABLE FORMAT USING PLAIN LANGUAGE. UPON REQUEST BY THE COMMUNI-
 TY,  WRITTEN  INFORMATION  SHALL BE TRANSLATED INTO LANGUAGES OTHER THAN
 ENGLISH FOR COMPREHENSION BY NON-ENGLISH SPEAKING STAKEHOLDERS.
   4. AT LEAST THREE PUBLIC INFORMATION MEETINGS SHALL BE HELD DURING THE
 PERMIT REVIEW PROCESS AT TIMES AND LOCATIONS CONVENIENT FOR  THE  STAKE-
 HOLDERS  IDENTIFIED  IN THE ENHANCED PUBLIC PARTICIPATION PLAN.  WRITTEN
 NOTICE OF PUBLIC INFORMATION MEETINGS SHALL BE  PROVIDED  AT  LEAST  TWO
 WEEKS  PRIOR  TO  THE  SCHEDULED DATE OF THE MEETING TO EACH STAKEHOLDER
 IDENTIFIED IN THE  ENHANCED  PUBLIC  PARTICIPATION  PLAN  AND  SHALL  BE
 CONSPICUOUSLY  POSTED  AT  THE DOCUMENT REPOSITORIES AND ON THE DOCUMENT
 WEBSITE.
   5. THE FIRST MEETING SHALL BE HELD SUBSEQUENT  TO  SUBMISSION  BY  THE
 APPLICANT  OF  THE  PERMIT APPLICATION AND ENHANCED PUBLIC PARTICIPATION
 PLAN BUT PRIOR TO THE DEPARTMENT'S ISSUANCE  OF  A  NOTICE  OF  COMPLETE
 APPLICATION;  THE  SECOND  MEETING  SHALL BE HELD AFTER THE DEPARTMENT'S
 ISSUANCE OF A NOTICE OF COMPLETE APPLICATION BUT PRIOR  TO  THE  DEPART-
 MENT'S FINAL DECISION ON THE APPLICATION; AND THE THIRD MEETING SHALL BE
 HELD  DURING THE PUBLIC COMMENT PERIOD ON THE DRAFT ENVIRONMENTAL IMPACT
 STATEMENT FOR THE PROJECT. REPRESENTATIVES  OF  THE  APPLICANT  AND  THE

 S. 3211--A                          4
 
 DEPARTMENT  SHALL ATTEND EACH PUBLIC INFORMATION MEETING. THE DEPARTMENT
 MAY, IN CONSULTATION WITH THE AFFECTED ENVIRONMENTAL JUSTICE  COMMUNITY,
 REQUIRE  ADDITIONAL  PUBLIC  INFORMATION  MEETINGS REGARDLESS OF WHETHER
 SUCH  ADDITIONAL  MEETINGS  ARE  INCLUDED IN THE ENHANCED PUBLIC PARTIC-
 IPATION PLAN.
   6. PUBLIC INFORMATION MEETINGS SHALL PROVIDE AN OPPORTUNITY FOR  MEAN-
 INGFUL  PUBLIC PARTICIPATION AND INPUT BY RESIDENTS OF THE ENVIRONMENTAL
 JUSTICE COMMUNITY AND EACH MEETING  SHALL  PROVIDE  AN  OPPORTUNITY  FOR
 MEMBERS  OF  THE COMMUNITY TO MAKE STATEMENTS, RAISE ISSUES, AND ASK THE
 APPLICANT AND THE DEPARTMENT QUESTIONS ABOUT THE PROPOSED PROJECT. AFTER
 EACH PUBLIC INFORMATION  MEETING,  THE  DEPARTMENT  SHALL  CONSIDER  THE
 STATEMENTS  PROVIDED  AND  ISSUES RAISED BY MEMBERS OF THE COMMUNITY AND
 MAY REQUIRE THE APPLICANT TO PROVIDE ADDITIONAL INFORMATION  TO  ADDRESS
 ISSUES  RAISED,  REQUIRE  REVISIONS TO THE APPLICATION, OR IMPOSE PERMIT
 CONDITIONS NECESSARY TO AVOID OR MITIGATE ADVERSE PROJECT IMPACTS.
   7. THE DOCUMENT REPOSITORY SHALL CONTAIN COPIES OF: (A)  THE  ENHANCED
 PUBLIC  PARTICIPATION  PLAN  APPROVED BY THE DEPARTMENT; (B) ALL WRITTEN
 SUBMISSIONS BY THE APPLICANT TO THE  DEPARTMENT;  AND  (C)  ALL  WRITTEN
 COMMUNICATIONS  BETWEEN  THE APPLICANT AND THE DEPARTMENT CONCERNING THE
 PROPOSED PROJECT.
 § 58-0107. ENVIRONMENTAL ASSESSMENT.
   AN APPLICANT SUBJECT TO THE REQUIREMENTS OF THIS SECTION SHALL  SUBMIT
 TO THE DEPARTMENT, AS PART OF ITS APPLICATION, A COMPLETED FULL ENVIRON-
 MENTAL ASSESSMENT FORM IN COMPLIANCE WITH ARTICLE EIGHT OF THIS CHAPTER.
 § 58-0109. APPLICANT CERTIFICATION.
   1.  UPON  COMPLETION  OF  THE  ENHANCED PUBLIC PARTICIPATION PLAN, THE
 APPLICANT SHALL SUBMIT WRITTEN CERTIFICATION TO THE DEPARTMENT  THAT  IT
 HAS  COMPLIED WITH THE PLAN, INCLUDING A FINAL REPORT SUMMARIZING ISSUES
 RAISED BY THE ENVIRONMENTAL JUSTICE COMMUNITY AND HOW THOSE ISSUES  WERE
 RESOLVED  OR  ADDRESSED. THE CERTIFICATION SHALL BE SIGNED BY THE APPLI-
 CANT, OR THE APPLICANT'S AGENT, AND SUBMITTED TO THE DEPARTMENT PRIOR TO
 A FINAL DECISION ON THE APPLICATION.
   2. THE DEPARTMENT SHALL PROVIDE A PUBLIC COMMENT PERIOD  OF  NOT  LESS
 THAN  THIRTY  DAYS  ON  THE  APPLICANT'S CERTIFICATION AND FINAL REPORT.
 FOLLOWING CLOSE OF THE PUBLIC COMMENT PERIOD, THE DEPARTMENT SHALL ISSUE
 A WRITTEN DETERMINATION WHETHER THE APPLICANT HAS FULLY  AND  COMPLETELY
 IMPLEMENTED THE ENHANCED PUBLIC PARTICIPATION PLAN.
 § 58-0111. PROHIBITIONS.
   1. THE DEPARTMENT SHALL NOT ISSUE A NOTICE OF COMPLETE APPLICATION FOR
 A  PROPOSED  PROJECT  SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE UNLESS
 THE APPLICANT HAS SUBMITTED AN ENHANCED PUBLIC  PARTICIPATION  PLAN  AND
 THE DEPARTMENT HAS APPROVED THE PLAN.
   2.  THE  DEPARTMENT SHALL NOT ACCEPT AS COMPLETE A DRAFT ENVIRONMENTAL
 IMPACT STATEMENT PREPARED PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER  FOR
 A  PROJECT SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE UNLESS THE APPLI-
 CANT HAS AN ENHANCED PUBLIC PARTICIPATION PLAN APPROVED BY  THE  DEPART-
 MENT  AND  HAS,  AS OF THE DATE OF SUBMISSION OF THE DRAFT ENVIRONMENTAL
 IMPACT STATEMENT, COMPLIED WITH THE SCHEDULE FOR IMPLEMENTING THE PLAN.
   3. THE DEPARTMENT SHALL NOT ISSUE A PERMIT OR APPROVAL FOR A  PROPOSED
 PROJECT SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE UNLESS THE APPLICANT
 HAS SUBMITTED THE CERTIFICATION AND FINAL REPORT REQUIRED BY SUBDIVISION
 ONE  OF SECTION 58-0109 AND THE DEPARTMENT HAS ISSUED THE WRITTEN DETER-
 MINATION REQUIRED BY SUBDIVISION TWO OF SECTION 58-0109.
   § 2. This act shall take effect immediately.