NY State Assembly Bill 2023-A6584A

Assembly Bill A6584A

2023-2024 Legislative Session

Requires applicants for major projects located near an environmental justice community to submit an enhanced public participation plan

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Apr 27, 2023	print number 6584a
Apr 27, 2023	amend and recommit to environmental conservation
Apr 20, 2023	referred to environmental conservation

Bill Amendments

Original

A (Active)

2023-A6584 - Details

See Senate Version of this Bill:: S2510
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 59 §§59-0101 - 59-0111, En Con L
Versions Introduced in 2021-2022 Legislative Session:: A6530, S3211

2023-A6584 - Summary

Requires applicants for major projects located near a disadvantaged community to submit an enhanced public participation plan.

2023-A6584 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6584
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Environmental Conservation
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06077-01-3
 A. 6584                             2

 
 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;
   (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
 A. 6584                             3
 
 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
 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
 A. 6584                             4
 
 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.

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2023-A6584A (ACTIVE) - Details

See Senate Version of this Bill:: S2510
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 59 §§59-0101 - 59-0111, En Con L
Versions Introduced in 2021-2022 Legislative Session:: A6530, S3211

2023-A6584A (ACTIVE) - Summary

Requires applicants for major projects located near a disadvantaged community to submit an enhanced public participation plan.

2023-A6584A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6584--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Environmental Conservation -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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
        ENHANCED PUBLIC PARTICIPATION IN 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06077-05-3

 A. 6584--A                          2
 
 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 ARE 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 IN ACCORDANCE WITH ARTICLE SEVENTY OF THIS
 CHAPTER,  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 SIXTY 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 AND WHETHER THE PROJECT MAY
 CAUSE OR INCREASE A DISPROPORTIONATE POLLUTION BURDEN ON  THE  DISADVAN-
 TAGED COMMUNITY;
   (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;
   (C)  THE LOCATION OF SENSITIVE RECEPTORS IN THE DISADVANTAGED COMMUNI-
 TY, INCLUDING HOSPITALS, SCHOOLS, ELDER CARE FACILITIES, DAY CARE FACIL-
 A. 6584--A                          3
 
 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
 INCLUDING  WHAT MAJOR PROJECT DECISIONS WILL BE MADE AND WHEN, ANSWERING
 QUESTIONS ABOUT THE PROJECT, RECEIVING INPUT FROM  THE  COMMUNITY  ABOUT
 THE  PROJECT,  AND  DESCRIBING  HOW SUCH INPUT WILL BE INCORPORATED INTO
 PROJECT DESIGN, DEVELOPMENT, AND IMPLEMENTATION;
   (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, AND UPON REQUEST SHALL BE
 TRANSLATED INTO THE TWELVE MOST COMMON  NON-ENGLISH LANGUAGES SPOKEN  BY
 LIMITED-ENGLISH   PROFICIENT   INDIVIDUALS  IN  THE STATE,  BASED ON THE
 DATA IN THE MOST RECENT  AMERICAN  COMMUNITY  SURVEY  PUBLISHED  BY  THE
 UNITED   STATES   CENSUS  BUREAU, AND OTHER COMMONLY SPOKEN LANGUAGES IN
 THE COMMUNITY.
   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, AND SHALL
 BE OF SUFFICIENT LENGTH TO ALLOW FOR MEANINGFUL PUBLIC INPUT.    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,  ON  THE  DOCUMENT
 WEBSITE, AND THROUGH OTHER CHANNELS WIDELY USED BY THE HOST COMMUNITY AS
 SOURCES  OF  INFORMATION,  INCLUDING,  BUT  NOT LIMITED TO, PRINT MEDIA,
 BROADCAST MEDIA, SOCIAL MEDIA, LIBRARIES, COMMUNITY BOARDS, THE  OFFICES
 OF  ELECTED  REPRESENTATIVES,  AND  GOVERNMENT  OFFICES  THAT  SERVE THE
 PUBLIC. NOTICES IN PRINT, BROADCAST, AND SOCIAL MEDIA SHALL BE MADE WITH
 ADEQUATE REPETITION.
   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
 A. 6584--A                          4
 
 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.  READILY UNDER-
 STANDABLE  VISUAL  INFORMATION  CONCERNING ENVIRONMENTAL IMPACTS MUST BE
 PRESENTED.  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  INFORMA-
 TION  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.
 § 59-0107. ENVIRONMENTAL ASSESSMENT.
   AN APPLICANT FOR A PROJECT SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE
 SHALL  SUBMIT TO THE DEPARTMENT, AS PART OF ITS APPLICATION, A COMPLETED
 FULL ENVIRONMENTAL 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 SIXTY 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.
 A. 6584--A                          5
 
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Assembly Bill A6584A

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