Assembly Bill A9267

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9267
 
                           I N  A S S E M B L Y
 
                             February 23, 2024
                                ___________
 
 Introduced  by  M. of A. RAGA -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   community air monitoring program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 75-0115 of the environmental  conservation  law  is
 amended by adding two new subdivisions 5 and 6 to read as follows:
   5.  WITHIN  ONE  YEAR  OF  THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 DEPARTMENT SHALL PREPARE AN ADDENDUM TO  THE  REPORT  ON  STRATEGIES  TO
 REDUCE  EMISSIONS  OF TOXIC AIR CONTAMINANTS AND CRITERIA AIR POLLUTANTS
 IN DISADVANTAGED COMMUNITIES, AS DESCRIBED IN SUBDIVISION THREE OF  THIS
 SECTION, WHICH SHALL INCLUDE THE FOLLOWING:
   A.  AN ASSESSMENT OF THE ROLE THAT THE DEPARTMENT'S APPROVAL OR DISAP-
 PROVAL FOR PERMITS AND CERTIFICATES FOR AIR  CONTAMINATION  SOURCES,  AS
 AUTHORIZED  IN PARAGRAPH J OF SUBDIVISION TWO OF SECTION 19-0305 OF THIS
 CHAPTER, PLAYS IN CONTRIBUTING TO SUCH STATIONARY AND MOBILE SOURCES  OF
 POLLUTION  AND  THEIR  RELATIVE CONTRIBUTION TO ELEVATED EXPOSURE TO AIR
 POLLUTION IN IMPACTED COMMUNITIES; AND
   B. A DETAILED DESCRIPTION OF THE ROLE THAT THE DEPARTMENT'S  OPERATING
 PERMIT  PROGRAM  FOR SOURCES SUBJECT TO TITLE V OF THE FEDERAL CLEAN AIR
 ACT, AS DESCRIBED IN SECTION 19-0311  OF  THIS  CHAPTER,  IN  PARTICULAR
 PLAYS   IN  CONTRIBUTING  TO  SUCH  STATIONARY  AND  MOBILE  SOURCES  OF
 POLLUTION.
   6. A. THE DEPARTMENT SHALL RELEASE, IN CONJUNCTION WITH  THE  ADDENDUM
 REPORT  DESCRIBED  IN SUBDIVISION FIVE OF THIS SECTION, A LISTING OF ALL
 LAST MILE WAREHOUSES RECEIVING PERMITS AND CERTIFICATES FOR AIR  CONTAM-
 INATION  SOURCES AS   AUTHORIZED   IN  PARAGRAPH J OF SUBDIVISION TWO OF
 SECTION 19-0305 OF THIS CHAPTER. AS USED IN THIS SUBDIVISION "LAST  MILE
 WAREHOUSE"  SHALL  REFER TO A FACILITY THAT: (I) CONTAINS AT LEAST FIFTY
 THOUSAND SQUARE FEET OF TOTAL FLOOR SPACE THAT  IS  USED  FOR  WAREHOUSE
 ACTIVITIES;  AND  (II) HAS AS ITS PRIMARY PURPOSE THE TEMPORARY STORAGE,
 SORTING, AND REDISTRIBUTION OF GOODS TO  FULFILL  E-COMMERCE  ORDERS  BY
 RECEIVING SHIPMENTS OF GOODS FROM ONE MODE OF TRANSPORT AND REDISTRIBUT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06565-04-4
 A. 9267                             2

 ING  THOSE  GOODS  VIA A DELIVERY VEHICLE. A "LAST MILE WAREHOUSE" SHALL
 NOT INCLUDE ANY FACILITY WHERE GOODS ARE MANUFACTURED  OR  ASSEMBLED  ON
 SITE  AND TEMPORARILY STORED PRIOR TO DISTRIBUTION, OR ANY FACILITY THAT
 HAS  AS  ITS  PRIMARY PURPOSE THE TEMPORARY STORAGE OF FOOD PRODUCTS FOR
 WHOLESALE DISTRIBUTION.
   B. THE DEPARTMENT SHALL REPRESENT THE LAST MILE  WAREHOUSES  RECEIVING
 PERMITS  AND  CERTIFICATES  FOR  AIR  CONTAMINATION SOURCES DESCRIBED IN
 PARAGRAPH A OF THIS SUBDIVISION ON A STATEWIDE MAP TO BE MAINTAINED ON A
 PUBLICLY ACCESSIBLE WEBSITE. IN DESIGNING AND MAINTAINING SUCH MAP,  THE
 DEPARTMENT  SHALL  ALLOW A USER OF SUCH WEBSITE TO VIEW THE DISTRIBUTION
 OF SUCH WAREHOUSES ACROSS THE STATE SEPARATELY FROM AND  IN  CONJUNCTION
 WITH ANY OTHER CATEGORY OF FACILITY, SITE, PARCEL, AREA, TRAIL, OR OTHER
 CATEGORY OF INFORMATION ON SUCH MAP.
   § 2. This act shall take effect immediately.