The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3211
 
                        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
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   compliance with environmental justice requirements
 
   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 3-0322 to read as follows:
 § 3-0322.  ENVIRONMENTAL JUSTICE AND PERMITTING; COMPLIANCE.
   THE  DEPARTMENT  SHALL  NOT  ACCEPT  AS COMPLETE A DRAFT ENVIRONMENTAL
 IMPACT STATEMENT PREPARED PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER  AND
 SHALL NOT ISSUE ANY PERMIT OR APPROVAL FOR A PROPOSED PROJECT SUBJECT TO
 COMMISSIONER'S POLICY TWENTY-NINE, ENVIRONMENTAL JUSTICE AND PERMITTING,
 UNLESS  THE APPLICANT HAS PREPARED AN ENHANCED PUBLIC PARTICIPATION PLAN
 AS REQUIRED BY THE COMMISSIONER'S POLICY, THE PLAN HAS BEEN APPROVED  BY
 THE DEPARTMENT AND THE APPLICANT HAS IMPLEMENTED THE APPROVED PLAN.
   § 2.  This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04348-01-1

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3211--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sens. RAMOS, BIAGGI, BRISPORT, HOYLMAN, LIU, MAY, PARKER
   -- 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  -- recommitted to the Committee on Environ-
   mental Conservation in accordance  with  Senate  Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring  applicants  for  major  projects located near disadvantaged
   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 59 to read as follows:
                                 ARTICLE 59
                         DISADVANTAGED COMMUNITIES
 SECTION 59-0101. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
         59-0103. DEFINITIONS.
         59-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
         59-0107. ENVIRONMENTAL ASSESSMENT.
         59-0109. APPLICANT CERTIFICATION.
         59-0111. PROHIBITIONS.
 § 59-0101. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04348-06-2

 S. 3211--B                          2
 
 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,
 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
 DISADVANTAGED  COMMUNITIES  IS  PREVALENT  IN  NEW  YORK  CITY'S "ASTHMA
 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 DISADVAN-
 TAGED 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 DISADVAN-
 TAGED COMMUNITIES IS CONSISTENT WITH THE PURPOSES, INTENT  AND  REQUIRE-
 MENTS  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  ENVIRON-
 MENTAL  PERMIT PROCESS SO THAT THOSE COMMUNITIES HAVE A GREATER VOICE IN
 THE SITING OF NEW OR EXPANDED SOURCES OF POLLUTION.
 § 59-0103. DEFINITIONS.
   1. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE FROM THE PROP-
 ERTY.
   2. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS IN  SUBDI-
 VISION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
   3.  "MAJOR  PROJECT" SHALL MEAN A PROJECT WHICH IS NOT A MINOR PROJECT
 AS DEFINED IN SUBDIVISION THREE OF SECTION 70-0105 OF THIS CHAPTER.
 § 59-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
   1. THE APPLICANT FOR A MAJOR PROJECT LOCATED IN OR ADJACENT  TO  AN  A
 DISADVANTAGED COMMUNITY SHALL, AS PART OF ITS APPLICATION TO THE DEPART-
 MENT  FOR A PERMIT OR APPROVAL, SUBMIT A WRITTEN ENHANCED PUBLIC PARTIC-
 IPATION PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL.  THE  DEPARTMENT
 SHALL PROVIDE FOR A PUBLIC COMMENT PERIOD ON THE ENHANCED PUBLIC PARTIC-
 IPATION  PLAN  OF  NOT  LESS THAN THIRTY DAYS. THE DEPARTMENT MAY, AFTER
 CONCLUSION OF THE PUBLIC COMMENT PERIOD, REQUIRE THE APPLICANT TO REVISE
 THE ENHANCED PUBLIC PARTICIPATION PLAN TO ADDRESS ISSUES  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 DISADVANTAGED 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 DISADVANTAGED COMMUNITY;
 S. 3211--B                          3
 
   (C)  THE LOCATION OF SENSITIVE RECEPTORS IN THE DISADVANTAGED COMMUNI-
 TY, INCLUDING HOSPITALS, SCHOOLS, ELDER CARE FACILITIES, DAY CARE FACIL-
 ITIES, PARKS, AND OTHER SENSITIVE AREAS  IDENTIFIED  BY  THE  COMMUNITY,
 INCLUDING A MAP SHOWING THE LOCATION OF SUCH RECEPTORS;
   (D)  A LIST, DEVELOPED IN CONSULTATION WITH THE DISADVANTAGED COMMUNI-
 TY, 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 DISADVANTAGED COMMU-
 NITY  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 DISADVANTAGED 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  DISADVANTAGED  COMMUNITY  CONCERNING
 IMPLEMENTATION OF THE PLAN.
   3.   WRITTEN  INFORMATION  PROVIDED  TO  THE  DISADVANTAGED  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
 DEPARTMENT  SHALL ATTEND EACH PUBLIC INFORMATION MEETING. THE DEPARTMENT
 MAY, IN CONSULTATION WITH THE AFFECTED DISADVANTAGED COMMUNITY,  REQUIRE
 ADDITIONAL  PUBLIC INFORMATION MEETINGS REGARDLESS OF WHETHER SUCH ADDI-
 TIONAL MEETINGS ARE INCLUDED IN THE ENHANCED PUBLIC PARTICIPATION PLAN.
   6. PUBLIC INFORMATION MEETINGS SHALL PROVIDE AN OPPORTUNITY FOR  MEAN-
 INGFUL  PUBLIC PARTICIPATION AND INPUT BY RESIDENTS OF THE DISADVANTAGED
 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
 S. 3211--B                          4

 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 CONDI-
 TIONS 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.
 § 59-0107. 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.
 § 59-0109. 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 DISADVANTAGED COMMUNITY AND HOW THOSE ISSUES WERE RESOLVED
 OR ADDRESSED. THE CERTIFICATION SHALL BE SIGNED BY THE APPLICANT, 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.
 § 59-0111. 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 59-0109 OF THIS ARTICLE AND THE DEPARTMENT HAS ISSUED THE
 WRITTEN  DETERMINATION REQUIRED BY SUBDIVISION TWO OF SECTION 59-0109 OF
 THIS ARTICLE.
   § 2. This act shall take effect immediately.