S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3575
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by M. of A. MITAYNES, KELLES, R. CARROLL, FORREST, GONZALEZ-
   ROJAS, MAMDANI, REYES, EPSTEIN, ROZIC, MEEKS, RAGA,  ANDERSON,  SHRES-
   THA,  LEVENBERG -- read once and referred to the Committee on Environ-
   mental 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 section 19-0333 to read as follows:
 § 19-0333. INDIRECT SOURCE REVIEW FOR HEAVY DISTRIBUTION WAREHOUSES.
   1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   A.  "AFFILIATE"  MEANS, WITH RESPECT TO ANY SPECIFIED PERSON, A PERSON
 THAT  DIRECTLY,  OR  INDIRECTLY  THROUGH  ONE  OR  MORE  INTERMEDIARIES,
 CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH SUCH PERSON.
   B.  "CONTROL",  INCLUDING THE TERMS "CONTROLLING", "CONTROLLED BY" AND
 "UNDER COMMON CONTROL WITH", MEANS THE POSSESSION, DIRECTLY OR INDIRECT-
 LY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF (1) THE  MANAGEMENT
 AND POLICIES OF A PERSON, (2) THE OPERATION OF A PERSON, OR (3) SUBSTAN-
 TIALLY  ALL  OF THE ASSETS OF A PERSON, WHETHER THROUGH THE OWNERSHIP OF
 VOTING SECURITIES, BY CONTRACT,  OR  OTHERWISE.
   C. "HEAVY DISTRIBUTION WAREHOUSE" MEANS A FACILITY  THAT  FALLS  UNDER
 ONE OR MORE OF THE FOLLOWING CATEGORIES:
   (1)  FULFILLMENT  CENTER.  A FACILITY WHOSE PRIMARY PURPOSE IS STORAGE
 AND DISTRIBUTION OF GOODS TO CONSUMERS OR END-USERS, EITHER DIRECTLY  OR
 THROUGH A PARCEL HUB.
   (2) 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00800-01-5
              

 A. 3575                             2
 
 PORT  TO  A  VEHICLE  WITH  A  RATED  CAPACITY OF LESS THAN TEN THOUSAND
 POUNDS.
   (3) PARCEL SORTING FACILITY. A FACILITY WHOSE PRIMARY PURPOSE IS SORT-
 ING  OR  REDISTRIBUTION  OF  GOODS FROM A FULFILLMENT CENTER TO A PARCEL
 HUB.
   D. "QUALIFYING WAREHOUSE" MEANS ANY HEAVY DISTRIBUTION WAREHOUSE  THAT
 IS  FIFTY  THOUSAND  SQUARE  FEET  OR  GREATER,  WHETHER  AS  ORIGINALLY
 CONSTRUCTED OR AS MODIFIED, OR WHICH IS OWNED OR OPERATED BY ANY PERSON,
 INCLUDING FOR SUCH PURPOSES ALL AFFILIATES OF SUCH PERSON, WHO IN AGGRE-
 GATE OWNS OR OPERATES FIVE HUNDRED THOUSAND OR MORE SQUARE FEET OF HEAVY
 DISTRIBUTION WAREHOUSE SPACE IN THE STATE.
   E. "WAREHOUSE  MODIFICATION" MEANS A MODIFICATION TO A WAREHOUSE WHICH
 ADDS ADDITIONAL WAREHOUSE FLOOR SPACE THAT MAY BE USED  FOR  WAREHOUSING
 ACTIVITIES,  OR A CHANGE IN OPERATIONS OF A WAREHOUSE WHICH IS LIKELY TO
 RESULT IN A SIGNIFICANT INCREASE IN AIR POLLUTION.
   F. "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.  FOR  PURPOSES  OF
 CLAUSE (I) OF SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION TWO OF THIS
 SECTION,  WAREHOUSE  OPERATOR SHALL INCLUDE AFFILIATES OF SUCH WAREHOUSE
 OPERATOR.
   2. A. NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE  OF  THIS
 SECTION,  THE DEPARTMENT SHALL ADOPT A PROGRAM PROVIDING FOR THE FACILI-
 TY-BY-FACILITY REVIEW OF QUALIFYING WAREHOUSES AND ADOPTION OF  MEASURES
 TO REDUCE AIR POLLUTION ASSOCIATED WITH QUALIFYING WAREHOUSE OPERATIONS,
 INCLUDING,  IN A MANNER NOT INCONSISTENT WITH THE REGULATION OF INDIRECT
 SOURCES OF POLLUTION CONTEMPLATED BY  42  U.S.C.  §  7410(A)(5),  MOBILE
 SOURCES  OF  POLLUTION,  AND  SHALL PROMULGATE ANY APPROPRIATE RULES AND
 REGULATIONS IN CONNECTION THEREWITH.
   B. (1) IN ADOPTING SUCH PROGRAM AND PROMULGATING SUCH RULES AND  REGU-
 LATIONS,  THE  DEPARTMENT SHALL CONSIDER A VARIETY OF MEASURES INCLUDING
 BUT NOT LIMITED TO REQUIRING ALL WAREHOUSE OPERATORS TO IMPLEMENT AN AIR
 POLLUTION 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  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  QUALIFYING  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  IN  SUBDIVISION  FIVE  OF  SECTION
 75-0101 OF THIS CHAPTER.
   (2)  SUCH  RULES  AND REGULATIONS SHALL PROVIDE THAT, WHEN CONSIDERING
 ALTERNATIVES TO TRUCK OR VAN TRIPS FOR INCOMING OR OUTGOING  TRIPS,  THE
 WAREHOUSE OPERATOR SHALL, NO LESS THAN FORTY-FIVE AND NO MORE THAN NINE-
 TY  DAYS  PRIOR  TO  IMPLEMENTATION OF SUCH ALTERNATIVE, INFORM IMPACTED
 EMPLOYEES, IN WRITING, OF THE PROPOSED CHANGE.  THE  WAREHOUSE  OPERATOR
 SHALL  MAINTAIN  A  RECORD OF HAVING PROVIDED WRITTEN NOTICE TO IMPACTED
 EMPLOYEES. THE WRITTEN NOTICE SHALL INCLUDE, AT MINIMUM: DESCRIPTIONS OF
 THE VEHICLES AND EQUIPMENT TO BE USED; ANTICIPATED PHYSICAL REQUIREMENTS
 OF OPERATION OF SUCH VEHICLES AND EQUIPMENT; ANTICIPATED DATE OF  IMPLE-
 MENTATION; AND INSTRUCTIONS FOR TRAINING AND APPLICATION FOR TRANSFER TO
 THOSE  POSITIONS.   IN ADDITION TO THE FOREGOING NOTICE REQUIREMENTS, IF
 A. 3575                             3
 
 EMPLOYEES IN THE WAREHOUSE HAVE AN EXCLUSIVE BARGAINING  UNIT  REPRESEN-
 TATIVE, THE WAREHOUSE OPERATOR WILL CERTIFY THAT SUCH REPRESENTATIVE HAS
 AGREED  IN  WRITING  TO ANY OPERATIONAL CHANGES THAT IMPACT THE SCOPE OF
 THE  BARGAINING  UNIT  OR BARGAINED-FOR TERMS OF A COLLECTIVE BARGAINING
 AGREEMENT THEN IN PLACE, PRIOR TO UTILIZING ALTERNATIVES.
   C. (1) UNDER THE PROGRAM, THE DEPARTMENT SHALL  REQUIRE  ANY  PROPOSED
 NEW  DEVELOPMENT  OF A QUALIFYING WAREHOUSE, MODIFICATION OF AN EXISTING
 FACILITY WHICH WOULD RESULT IN THE FACILITY  CONSTITUTING  A  QUALIFYING
 WAREHOUSE, OR WAREHOUSE MODIFICATION OF A QUALIFYING WAREHOUSE, TO FIRST
 OBTAIN A PERMIT DEMONSTRATING THAT ANY ADDITIONAL TRAFFIC RESULTING FROM
 CONSTRUCTION AND OPERATION WILL NOT RESULT IN A VIOLATION OF ONE OR MORE
 NATIONAL  AMBIENT AIR QUALITY STANDARDS ESTABLISHED BY THE FEDERAL ENVI-
 RONMENTAL PROTECTION AGENCY OR, IF A VIOLATION ALREADY EXISTS, WILL  NOT
 EXACERBATE SUCH VIOLATION, AS DETERMINED IN A MANNER CONSISTENT WITH THE
 STATE  IMPLEMENTATION  PLAN.  IN  ADDITION, NEWLY CONSTRUCTED QUALIFYING
 WAREHOUSES SHALL BE REQUIRED TO DEMONSTRATE THAT (I) THE WAREHOUSE OPER-
 ATOR HAS NOT BEEN HELD BY AN ADMINISTRATIVE AGENCY OR COURT OF COMPETENT
 JURISDICTION TO BE IN VIOLATION OF ANY INDIRECT SOURCE RULE WHICH IS NOT
 INCONSISTENT WITH  THE  REGULATION  OF  INDIRECT  SOURCES  OF  POLLUTION
 CONTEMPLATED  BY  42  U.S.C.  §  7410(A)(5),  INCLUDING PURSUANT TO THIS
 SECTION, OR ANY OTHER FEDERAL, STATE  OR  LOCAL  AIR  QUALITY  STANDARDS
 RELATED  TO ITS LOGISTICS OPERATIONS, IN THE TWO YEARS PRIOR TO THE DATE
 OF APPLICATION, AND (II) THE PROPOSED QUALIFYING  WAREHOUSE  MEETS  LEED
 SILVER,  GOLD OR PLATINUM STANDARDS, OR A FUNCTIONALLY EQUIVALENT STAND-
 ARD.
   (2) THE DEPARTMENT SHALL  REQUIRE  APPLICANTS  TO  SUBMIT  INFORMATION
 NECESSARY  TO  MAKE SUCH A DETERMINATION PURSUANT TO SUBPARAGRAPH ONE OF
 THIS PARAGRAPH, INCLUDING BUT NOT LIMITED TO, PROJECTED  AVERAGE  NUMBER
 OF  DAILY  VEHICLE  TRIPS AND PRIMARY ROUTES TO THE FACILITY, A STUDY OF
 POTENTIAL TRAFFIC AND CONGESTION IMPACTS, IDENTIFICATION OF  ALL  SENSI-
 TIVE  RECEPTORS,  INCLUDING BUT NOT LIMITED TO, SCHOOLS, DAYCARES, PLAY-
 GROUNDS, PARKS, HOSPITALS, SENIOR CENTERS OR NURSING HOMES AND DISADVAN-
 TAGED COMMUNITIES AS DEFINED BY SECTION 75-0101 OF  THIS  CHAPTER,  NEAR
 THE  PROPOSED  WAREHOUSE  OR  NEAR  THE  PRIMARY  VEHICLE ROUTES, AND AN
 INITIAL AIR POLLUTION REDUCTION AND MITIGATION PLAN AS PROVIDED  FOR  IN
 PARAGRAPH B OF THIS SUBDIVISION.
   D. UNDER THE PROGRAM THE DEPARTMENT SHALL ESTABLISH ONGOING MONITORING
 AND  REPORTING  REQUIREMENTS  FOR QUALIFYING WAREHOUSE OPERATORS.   SUCH
 MONITORING SHALL INCLUDE BUT NOT BE  LIMITED  TO  PERIODIC  DESKTOP  AND
 FIELD  AUDITS;  CONTACTING  WAREHOUSE  OWNERS AND WAREHOUSE OPERATORS TO
 REQUEST FURTHER DOCUMENTATION OR CLARIFICATION ON SUBMITTED REPORTS; AND
 CONDUCTING FIELD VISITS OF THE WAREHOUSE FACILITIES DURING REGULAR BUSI-
 NESS HOURS TO VERIFY A FACILITY IS  FOLLOWING  RECORDKEEPING  AND  OTHER
 APPLICABLE  REQUIREMENTS.    ALL REPORTS SHALL BE MADE ACCESSIBLE TO THE
 PUBLIC, IN FULL AND UNREDACTED EXCEPT TO THE EXTENT  NECESSARY  TO  KEEP
 PERSONAL  INFORMATION  CONFIDENTIAL,  AND POSTED ON A PUBLICLY AVAILABLE
 WEBSITE. REPORTING REQUIREMENTS SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 ANNUAL REPORTING OF:
   (1)  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;
   (2) THE AVERAGE DAILY VEHICLE MILES TRAVELED FOR ALL  VEHICLES  MAKING
 INBOUND AND OUTBOUND TRIPS TO AND FROM THE QUALIFYING WAREHOUSE;
   (3) THE AVERAGE DAILY VEHICLE MILES TRAVELED AND NUMBER OF INBOUND AND
 OUTBOUND TRIPS FOR ALTERNATIVE MODES OF FREIGHT;
   (4) A HEAT MAP OF THE FREQUENCY DATA FOR TRIP DESTINATIONS;
 A. 3575                             4
 
   (5)  THE  NUMBER OF JOBS AT THE FACILITY, INCLUDING DRIVERS AND OTHERS
 EMPLOYED BY THIRD-PARTY CONTRACTORS, WITH A BREAKDOWN OF  PERCENTAGE  OF
 PART-TIME  AND  FULL-TIME  EMPLOYEES, INDEPENDENT CONTRACTORS, UNIONIZED
 AND NON-UNION EMPLOYEES;
   (6)  THE  PERCENTAGE OF VEHICLES USED, SPECIFYING ON-ROAD VEHICLES AND
 OFF-ROAD VEHICLES AS WELL AS WEIGHT AND VEHICLE  CLASS,  THAT  ARE  ZERO
 EMISSIONS;
   (7)  THE  NUMBER  OF  ELECTRIC VEHICLE CHARGING STATIONS INSTALLED AND
 ACTUAL USAGE;
   (8) THE NUMBER OF  HYDROGEN  FUELING  STATIONS  INSTALLED  AND  ACTUAL
 USAGE;
   (9)   THE  NUMBER  OF  ON-SITE  RENEWABLE  ENERGY  GENERATION  SYSTEMS
 INSTALLED;
   (10) THE NUMBER OF VEHICLES USED TO DELIVER FROM  THE  SITE  THAT  ARE
 OWNED  BY  THE  WAREHOUSE  OPERATOR BUT LEASED TO A THIRD PARTY, AND THE
 PROPORTION OF LEASED VEHICLES USED AS COMPARED TO VEHICLES OWNED BY  THE
 WAREHOUSE OPERATOR;
   (11)  THE IDENTITY OF SUBCONTRACTORS WHO CONDUCT MORE THAN TEN PERCENT
 OF TOTAL DELIVERY VEHICLE TRIPS FROM  THE  SITE,  INCLUDING  THE  ENTITY
 NAME,  PRINCIPAL OFFICERS, BUSINESS ADDRESS AND CONTACT INFORMATION, AND
 TOTAL NUMBER OF EMPLOYEES; AND
   (12) ANY OTHER INFORMATION  NECESSARY  TO  EFFECTIVELY  IMPLEMENT  AND
 ENFORCE ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION.
   3. THE DEPARTMENT SHALL IMPOSE AN ANNUAL REGISTRATION FEE FOR QUALIFY-
 ING WAREHOUSE OPERATORS.
   4.  WITHIN  EIGHTEEN 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 AS DEFINED IN REGULATIONS  PROMULGATED  PURSUANT  TO
 SECTION  19-0306-B  OF  THIS TITLE 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
 IMPLEMENTATION 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 WEBSITE. IN CONDUCTING THE STUDY, THE DEPARTMENT SHALL CONSID-
 ER:
   A. CREATION OF ZONES RESTRICTING DELIVERIES TO ZERO-EMISSIONS DELIVERY
 VEHICLES ONLY;
   B.  CREATION  OF  ZONES  REQUIRING  DELIVERY  VEHICLES TO MEET CERTAIN
 STRINGENT AIR POLLUTION STANDARDS;
   C. CREATION OF ZONES REQUIRING A  FEE  FOR  ENTRY  FOR  DIESEL-POWERED
 MEDIUM- AND HEAVY-DUTY VEHICLES;
   D.  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 IN 42  U.S.C.  7401;  AND
 OTHER  VULNERABLE  AREAS INCLUDING AREAS PROXIMATE TO SCHOOLS, DAYCARES,
 PLAYGROUNDS, PARKS, HOSPITALS, SENIOR  CENTERS  OR  NURSING  HOMES,  AND
 DISADVANTAGED COMMUNITIES AS DEFINED BY SECTION 75-0101 OF THIS CHAPTER;
   E.  INCENTIVES  AND  ENFORCEABLE  MEASURES FOR LOW- AND ZERO-EMISSIONS
 ZONES, INCLUDING FEES;
   F. MEASURES TO ENSURE REINVESTMENT OF ANY REVENUES FROM FEES IN PUBLIC
 TRANSIT AND ZERO-EMISSIONS TRANSPORTATION INFRASTRUCTURE;
   G. EQUITY CONSIDERATIONS, INCLUDING PREVENTING  UNINTENDED  REGRESSIVE
 COST IMPACTS FOR LOW- AND MODERATE-INCOME NEW YORKERS; AND
 A. 3575                             5
 
   H. BARRIERS TO IMPLEMENTING LOW- AND ZERO-EMISSIONS ZONES IN THE STATE
 AND RECOMMENDATIONS FOR OVERCOMING SUCH BARRIERS.
   5.  A.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE,  TWO AND THREE OF THIS
 SECTION SHALL NOT APPLY IN A CITY WITH A POPULATION OF  ONE  MILLION  OR
 MORE  WHICH, IN CONSULTATION WITH AND SUBJECT TO THE REVIEW AND APPROVAL
 OF THE DEPARTMENT AFTER A PUBLIC HEARING IN COMPLIANCE  WITH  THE  STATE
 ADMINISTRATIVE  PROCEDURE  ACT,  ESTABLISHES AND IMPLEMENTS A PROGRAM BY
 ADOPTING A LOCAL LAW OR ORDINANCE TO REGULATE INDIRECT SOURCE  POLLUTION
 FROM  QUALIFYING  WAREHOUSES IN A MANNER NOT INCONSISTENT WITH THE REGU-
 LATION  OF  INDIRECT  SOURCE  POLLUTION  CONTEMPLATED  BY  42  U.S.C.  §
 7410(A)(5);  PROVIDED,  HOWEVER,  ANY  SUCH  MUNICIPAL  INDIRECT  SOURCE
 POLLUTION PROGRAM SHALL BE, IN THE DETERMINATION OF THE  DEPARTMENT,  AT
 LEAST  AS  STRINGENT  AS THE PROGRAM ESTABLISHED UNDER SUBDIVISIONS ONE,
 TWO AND THREE OF THIS SECTION AND ALL RULES AND REGULATIONS  PROMULGATED
 PURSUANT THERETO.
   B. THE DEPARTMENT SHALL REQUIRE ANY CITY ESTABLISHING AND IMPLEMENTING
 AN INDIRECT SOURCE POLLUTION PROGRAM IN ACCORDANCE WITH THIS SUBDIVISION
 TO  REQUIRE  THE  PROGRAM TO IMPLEMENT ALL DATA COLLECTION AND REPORTING
 REQUIREMENTS CONTEMPLATED BY SUBDIVISION TWO OF THIS SECTION AND  SUBMIT
 ALL  SUCH  DATA  AND  REPORTING  INFORMATION  TO  THE DEPARTMENT NO LESS
 FREQUENTLY THAN EVERY TWELVE MONTHS FOR REVIEW BY THE DEPARTMENT.
   C. THE DEPARTMENT SHALL CONDUCT  AN  ANNUAL  REVIEW  OF  ANY  INDIRECT
 SOURCE  POLLUTION  PROGRAM  ESTABLISHED AND IMPLEMENTED PURSUANT TO THIS
 SUBDIVISION.  SUCH REVIEWS SHALL EVALUATE WHETHER, AMONG OTHER  RELEVANT
 MATTERS,  SUCH  PROGRAM  CONTINUES  TO  BE  AT LEAST AS STRINGENT AS THE
 PROGRAM ESTABLISHED UNDER  SUBDIVISIONS  ONE,  TWO  AND  THREE  OF  THIS
 SECTION.
   D.  IN  THE EVENT THAT THE DEPARTMENT DETERMINES THAT A PROGRAM ESTAB-
 LISHED PURSUANT TO  THIS  SUBDIVISION  IS  NOT  MEETING  ANY  APPLICABLE
 REQUIREMENTS  UNDER  THIS  SUBDIVISION, THE DEPARTMENT SHALL IMMEDIATELY
 NOTIFY SUCH CITY OF THE DEFICIENCIES AND IF, IN THE DETERMINATION OF THE
 DEPARTMENT, THE CITY DOES NOT TAKE SATISFACTORY CORRECTIVE  ACTION,  THE
 DEPARTMENT  MAY TAKE ANY CORRECTIVE ACTION IT DEEMS APPROPRIATE, INCLUD-
 ING BUT NOT LIMITED TO SUSPENDING OR TERMINATING  THE  APPROVAL  CONTEM-
 PLATED  BY  PARAGRAPH A OF THIS SUBDIVISION AND ENFORCING THE PROVISIONS
 OF THIS SECTION IN SUCH CITY; PROVIDED,  HOWEVER,  ANY  INDIRECT  SOURCE
 POLLUTION  LAW  IN  EFFECT  IN  A CITY OF ONE MILLION OR  MORE AS OF THE
 EFFECTIVE DATE OF THIS SECTION MAY NOT BE FOUND TO BE  FAILING  TO  MEET
 SUCH  APPLICABLE  REQUIREMENTS  FOR  THE  ONE-YEAR  PERIOD FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION.
   E. THE EXEMPTION CONTEMPLATED BY THIS SUBDIVISION SHALL BE LIMITED  TO
 THE  REGULATION  OF INDIRECT SOURCE POLLUTION FROM QUALIFYING WAREHOUSES
 AND MAY NOT BE CONSTRUED AS AN EXEMPTION FROM COMPLIANCE WITH ANY  OTHER
 LAW, RULE, REGULATION, DECISION OR ORDER.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3575--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by M. of A. MITAYNES, KELLES, R. CARROLL, FORREST, GONZALEZ-
   ROJAS, MAMDANI, REYES, EPSTEIN, ROZIC, MEEKS, RAGA,  ANDERSON,  SHRES-
   THA,  LEVENBERG,  SIMON,  VALDEZ, GALLAGHER, SEPTIMO, SIMONE, HOOKS --
   read once and referred to the Committee on Environmental  Conservation
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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 section 19-0333 to read as follows:
 § 19-0333. INDIRECT SOURCE REVIEW FOR HEAVY DISTRIBUTION WAREHOUSES.
   1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   A.  "AFFILIATE"  MEANS, WITH RESPECT TO ANY SPECIFIED PERSON, A PERSON
 THAT  DIRECTLY,  OR  INDIRECTLY  THROUGH  ONE  OR  MORE  INTERMEDIARIES,
 CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH SUCH PERSON.
   B.  "CONTROL",  INCLUDING THE TERMS "CONTROLLING", "CONTROLLED BY" AND
 "UNDER COMMON CONTROL WITH", MEANS THE POSSESSION, DIRECTLY OR INDIRECT-
 LY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF (1) THE  MANAGEMENT
 AND POLICIES OF A PERSON, (2) THE OPERATION OF A PERSON, OR (3) SUBSTAN-
 TIALLY  ALL  OF THE ASSETS OF A PERSON, WHETHER THROUGH THE OWNERSHIP OF
 VOTING SECURITIES, BY CONTRACT,  OR  OTHERWISE.
   C. "HEAVY DISTRIBUTION WAREHOUSE" MEANS A FACILITY  THAT  FALLS  UNDER
 ONE OR MORE OF THE FOLLOWING CATEGORIES:
   (1)  FULFILLMENT  CENTER.  A FACILITY WHOSE PRIMARY PURPOSE IS STORAGE
 AND DISTRIBUTION OF GOODS TO CONSUMERS OR END-USERS, EITHER DIRECTLY  OR
 THROUGH A PARCEL HUB.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00800-03-5
 A. 3575--A                          2
              

 
   (2) 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.
   (3) PARCEL SORTING FACILITY. A FACILITY WHOSE PRIMARY PURPOSE IS SORT-
 ING  OR  REDISTRIBUTION  OF  GOODS FROM A FULFILLMENT CENTER TO A PARCEL
 HUB.
   D. "QUALIFYING WAREHOUSE" MEANS ANY HEAVY DISTRIBUTION WAREHOUSE  THAT
 IS  FIFTY  THOUSAND  SQUARE  FEET  OR  GREATER,  WHETHER  AS  ORIGINALLY
 CONSTRUCTED OR AS MODIFIED, OR WHICH IS OWNED OR OPERATED BY ANY PERSON,
 INCLUDING FOR SUCH PURPOSES ALL AFFILIATES OF SUCH PERSON, WHO IN AGGRE-
 GATE OWNS OR OPERATES FIVE HUNDRED THOUSAND OR MORE SQUARE FEET OF HEAVY
 DISTRIBUTION WAREHOUSE SPACE IN THE STATE.
   E. "WAREHOUSE  MODIFICATION" MEANS A MODIFICATION TO A WAREHOUSE WHICH
 ADDS ADDITIONAL WAREHOUSE FLOOR SPACE THAT MAY BE USED  FOR  WAREHOUSING
 ACTIVITIES,  OR A CHANGE IN OPERATIONS OF A WAREHOUSE WHICH IS LIKELY TO
 RESULT IN A SIGNIFICANT INCREASE IN AIR POLLUTION.
   F. "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.  FOR  PURPOSES  OF
 CLAUSE (I) OF SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION TWO OF THIS
 SECTION,  WAREHOUSE  OPERATOR SHALL INCLUDE AFFILIATES OF SUCH WAREHOUSE
 OPERATOR.
   2. A. NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE  OF  THIS
 SECTION,  THE DEPARTMENT SHALL ADOPT A PROGRAM PROVIDING FOR THE FACILI-
 TY-BY-FACILITY REVIEW OF QUALIFYING WAREHOUSES AND ADOPTION OF  MEASURES
 TO REDUCE AIR POLLUTION ASSOCIATED WITH QUALIFYING WAREHOUSE OPERATIONS,
 INCLUDING,  IN A MANNER NOT INCONSISTENT WITH THE REGULATION OF INDIRECT
 SOURCES OF POLLUTION CONTEMPLATED BY  42  U.S.C.  §  7410(A)(5),  MOBILE
 SOURCES  OF  POLLUTION,  AND  SHALL PROMULGATE ANY APPROPRIATE RULES AND
 REGULATIONS IN CONNECTION THEREWITH.
   B. (1) IN ADOPTING SUCH PROGRAM AND PROMULGATING SUCH RULES AND  REGU-
 LATIONS,  THE  DEPARTMENT SHALL CONSIDER A VARIETY OF MEASURES INCLUDING
 BUT NOT LIMITED TO REQUIRING ALL WAREHOUSE OPERATORS TO IMPLEMENT AN AIR
 POLLUTION 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  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  QUALIFYING  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  IN  SUBDIVISION  FIVE  OF  SECTION
 75-0101 OF THIS CHAPTER.
   (2)  SUCH  RULES  AND REGULATIONS SHALL PROVIDE THAT, WHEN CONSIDERING
 ALTERNATIVES TO TRUCK OR VAN TRIPS FOR INCOMING OR OUTGOING  TRIPS,  THE
 WAREHOUSE OPERATOR SHALL, NO LESS THAN FORTY-FIVE AND NO MORE THAN NINE-
 TY  DAYS  PRIOR  TO  IMPLEMENTATION OF SUCH ALTERNATIVE, INFORM IMPACTED
 EMPLOYEES, IN WRITING, OF THE PROPOSED CHANGE.  THE  WAREHOUSE  OPERATOR
 SHALL  MAINTAIN  A  RECORD OF HAVING PROVIDED WRITTEN NOTICE TO IMPACTED
 EMPLOYEES. THE WRITTEN NOTICE SHALL INCLUDE, AT MINIMUM: DESCRIPTIONS OF
 THE VEHICLES AND EQUIPMENT TO BE USED; ANTICIPATED PHYSICAL REQUIREMENTS
 A. 3575--A                          3
 
 OF OPERATION OF SUCH VEHICLES AND EQUIPMENT; ANTICIPATED DATE OF  IMPLE-
 MENTATION; AND INSTRUCTIONS FOR TRAINING AND APPLICATION FOR TRANSFER TO
 THOSE  POSITIONS.   IN ADDITION TO THE FOREGOING NOTICE REQUIREMENTS, IF
 EMPLOYEES  IN  THE WAREHOUSE HAVE AN EXCLUSIVE BARGAINING UNIT REPRESEN-
 TATIVE, THE WAREHOUSE OPERATOR WILL CERTIFY THAT SUCH REPRESENTATIVE HAS
 AGREED IN WRITING TO ANY OPERATIONAL CHANGES THAT IMPACT  THE  SCOPE  OF
 THE  BARGAINING  UNIT  OR BARGAINED-FOR TERMS OF A COLLECTIVE BARGAINING
 AGREEMENT THEN IN PLACE, PRIOR TO UTILIZING ALTERNATIVES.
   C. (1) UNDER THE PROGRAM, THE DEPARTMENT SHALL  REQUIRE  ANY  PROPOSED
 NEW  DEVELOPMENT  OF A QUALIFYING WAREHOUSE, MODIFICATION OF AN EXISTING
 FACILITY WHICH WOULD RESULT IN THE FACILITY  CONSTITUTING  A  QUALIFYING
 WAREHOUSE, OR WAREHOUSE MODIFICATION OF A QUALIFYING WAREHOUSE, TO FIRST
 OBTAIN A PERMIT DEMONSTRATING THAT ANY ADDITIONAL TRAFFIC RESULTING FROM
 CONSTRUCTION AND OPERATION WILL NOT RESULT IN A VIOLATION OF ONE OR MORE
 NATIONAL  AMBIENT AIR QUALITY STANDARDS ESTABLISHED BY THE FEDERAL ENVI-
 RONMENTAL PROTECTION AGENCY OR, IF A VIOLATION ALREADY EXISTS, WILL  NOT
 EXACERBATE SUCH VIOLATION, AS DETERMINED IN A MANNER CONSISTENT WITH THE
 STATE  IMPLEMENTATION  PLAN.  IN  ADDITION, NEWLY CONSTRUCTED QUALIFYING
 WAREHOUSES SHALL BE REQUIRED TO DEMONSTRATE THAT (I) THE WAREHOUSE OPER-
 ATOR HAS NOT BEEN HELD BY AN ADMINISTRATIVE AGENCY OR COURT OF COMPETENT
 JURISDICTION TO BE IN VIOLATION OF ANY INDIRECT SOURCE RULE WHICH IS NOT
 INCONSISTENT WITH  THE  REGULATION  OF  INDIRECT  SOURCES  OF  POLLUTION
 CONTEMPLATED  BY  42  U.S.C.  §  7410(A)(5),  INCLUDING PURSUANT TO THIS
 SECTION, OR ANY OTHER FEDERAL, STATE  OR  LOCAL  AIR  QUALITY  STANDARDS
 RELATED  TO ITS LOGISTICS OPERATIONS, IN THE TWO YEARS PRIOR TO THE DATE
 OF APPLICATION, AND (II) THE PROPOSED QUALIFYING  WAREHOUSE  MEETS  LEED
 SILVER,  GOLD OR PLATINUM STANDARDS, OR A FUNCTIONALLY EQUIVALENT STAND-
 ARD.
   (2) THE DEPARTMENT SHALL  REQUIRE  APPLICANTS  TO  SUBMIT  INFORMATION
 NECESSARY  TO  MAKE SUCH A DETERMINATION PURSUANT TO SUBPARAGRAPH ONE OF
 THIS PARAGRAPH, INCLUDING BUT NOT LIMITED TO, PROJECTED  AVERAGE  NUMBER
 OF  DAILY  VEHICLE  TRIPS AND PRIMARY ROUTES TO THE FACILITY, A STUDY OF
 POTENTIAL TRAFFIC AND CONGESTION IMPACTS, IDENTIFICATION OF  ALL  SENSI-
 TIVE  RECEPTORS,  INCLUDING BUT NOT LIMITED TO, SCHOOLS, DAYCARES, PLAY-
 GROUNDS, PARKS, HOSPITALS, SENIOR CENTERS OR NURSING HOMES AND DISADVAN-
 TAGED COMMUNITIES AS DEFINED BY SECTION 75-0101 OF  THIS  CHAPTER,  NEAR
 THE  PROPOSED  WAREHOUSE  OR  NEAR  THE  PRIMARY  VEHICLE ROUTES, AND AN
 INITIAL PLAN FOR COMPLIANCE WITH PARAGRAPH B OF THIS  SUBDIVISION  IN  A
 FORM PRESCRIBED BY THE DEPARTMENT.
   D. UNDER THE PROGRAM THE DEPARTMENT SHALL ESTABLISH ONGOING MONITORING
 AND  REPORTING  REQUIREMENTS  FOR QUALIFYING WAREHOUSE OPERATORS.   SUCH
 MONITORING SHALL INCLUDE BUT NOT BE  LIMITED  TO  PERIODIC  DESKTOP  AND
 FIELD  AUDITS;  CONTACTING  WAREHOUSE  OWNERS AND WAREHOUSE OPERATORS TO
 REQUEST FURTHER DOCUMENTATION OR CLARIFICATION ON SUBMITTED REPORTS; AND
 CONDUCTING FIELD VISITS OF THE WAREHOUSE FACILITIES DURING REGULAR BUSI-
 NESS HOURS TO VERIFY A FACILITY IS  FOLLOWING  RECORDKEEPING  AND  OTHER
 APPLICABLE  REQUIREMENTS.    ALL REPORTS SHALL BE MADE ACCESSIBLE TO THE
 PUBLIC, IN FULL AND UNREDACTED EXCEPT TO THE EXTENT  NECESSARY  TO  KEEP
 PERSONAL  INFORMATION  CONFIDENTIAL,  AND POSTED ON A PUBLICLY AVAILABLE
 WEBSITE. REPORTING REQUIREMENTS SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 ANNUAL REPORTING OF:
   (1)  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;
   (2) THE AVERAGE DAILY VEHICLE MILES TRAVELED FOR ALL  VEHICLES  MAKING
 INBOUND AND OUTBOUND TRIPS TO AND FROM THE QUALIFYING WAREHOUSE;
 A. 3575--A                          4
 
   (3) THE AVERAGE DAILY VEHICLE MILES TRAVELED AND NUMBER OF INBOUND AND
 OUTBOUND TRIPS FOR ALTERNATIVE MODES OF FREIGHT;
   (4) A HEAT MAP OF THE FREQUENCY DATA FOR TRIP DESTINATIONS;
   (5)  THE  NUMBER OF JOBS AT THE FACILITY, INCLUDING DRIVERS AND OTHERS
 EMPLOYED BY THIRD-PARTY CONTRACTORS, WITH A BREAKDOWN OF  PERCENTAGE  OF
 PART-TIME  AND  FULL-TIME  EMPLOYEES, INDEPENDENT CONTRACTORS, UNIONIZED
 AND NON-UNION EMPLOYEES;
   (6) THE PERCENTAGE OF VEHICLES USED, SPECIFYING ON-ROAD  VEHICLES  AND
 OFF-ROAD  VEHICLES  AS  WELL  AS WEIGHT AND VEHICLE CLASS, THAT ARE ZERO
 EMISSIONS;
   (7) THE NUMBER OF ELECTRIC VEHICLE  CHARGING  STATIONS  INSTALLED  AND
 ACTUAL USAGE;
   (8)  THE  NUMBER  OF  HYDROGEN  FUELING  STATIONS INSTALLED AND ACTUAL
 USAGE;
   (9)  THE  NUMBER  OF  ON-SITE  RENEWABLE  ENERGY  GENERATION   SYSTEMS
 INSTALLED;
   (10)  THE  NUMBER  OF  VEHICLES USED TO DELIVER FROM THE SITE THAT ARE
 OWNED BY THE WAREHOUSE OPERATOR BUT LEASED TO A  THIRD  PARTY,  AND  THE
 PROPORTION  OF LEASED VEHICLES USED AS COMPARED TO VEHICLES OWNED BY THE
 WAREHOUSE OPERATOR;
   (11) THE IDENTITY OF SUBCONTRACTORS WHO CONDUCT MORE THAN TEN  PERCENT
 OF  TOTAL  DELIVERY  VEHICLE  TRIPS  FROM THE SITE, INCLUDING THE ENTITY
 NAME, PRINCIPAL OFFICERS, BUSINESS ADDRESS AND CONTACT INFORMATION,  AND
 TOTAL NUMBER OF EMPLOYEES; AND
   (12)  ANY  OTHER  INFORMATION  NECESSARY  TO EFFECTIVELY IMPLEMENT AND
 ENFORCE ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION.
   3. THE DEPARTMENT SHALL IMPOSE AN ANNUAL REGISTRATION FEE FOR QUALIFY-
 ING WAREHOUSE OPERATORS.
   4. WITHIN EIGHTEEN 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  AS  DEFINED IN REGULATIONS PROMULGATED PURSUANT TO
 SECTION 19-0306-B OF THIS TITLE 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
 IMPLEMENTATION  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 WEBSITE. IN CONDUCTING THE STUDY, THE DEPARTMENT SHALL CONSID-
 ER:
   A. CREATION OF ZONES RESTRICTING DELIVERIES TO ZERO-EMISSIONS DELIVERY
 VEHICLES ONLY;
   B. CREATION OF ZONES  REQUIRING  DELIVERY  VEHICLES  TO  MEET  CERTAIN
 STRINGENT AIR POLLUTION STANDARDS;
   C.  CREATION  OF  ZONES  REQUIRING  A FEE FOR ENTRY FOR DIESEL-POWERED
 MEDIUM- AND HEAVY-DUTY VEHICLES;
   D. 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 IN 42 U.S.C. 7401; AND
 OTHER VULNERABLE AREAS INCLUDING AREAS PROXIMATE TO  SCHOOLS,  DAYCARES,
 PLAYGROUNDS, PARKS, HOSPITALS, SENIOR CENTERS OR NURSING HOMES;
   E.  INCENTIVES  AND  ENFORCEABLE  MEASURES FOR LOW- AND ZERO-EMISSIONS
 ZONES, INCLUDING FEES;
   F. MEASURES TO ENSURE REINVESTMENT OF ANY REVENUES FROM FEES IN PUBLIC
 TRANSIT AND ZERO-EMISSIONS TRANSPORTATION INFRASTRUCTURE;
 A. 3575--A                          5
 
   G. EQUITY CONSIDERATIONS, INCLUDING PREVENTING  UNINTENDED  REGRESSIVE
 COST IMPACTS FOR LOW- AND MODERATE-INCOME NEW YORKERS; AND
   H. BARRIERS TO IMPLEMENTING LOW- AND ZERO-EMISSIONS ZONES IN THE STATE
 AND RECOMMENDATIONS FOR OVERCOMING SUCH BARRIERS.
   5.  A.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE,  TWO AND THREE OF THIS
 SECTION SHALL NOT APPLY IN A CITY WITH A POPULATION OF  ONE  MILLION  OR
 MORE  WHICH, IN CONSULTATION WITH AND SUBJECT TO THE REVIEW AND APPROVAL
 OF THE DEPARTMENT AFTER A PUBLIC HEARING IN COMPLIANCE  WITH  THE  STATE
 ADMINISTRATIVE  PROCEDURE  ACT,  ESTABLISHES AND IMPLEMENTS A PROGRAM BY
 ADOPTING A LOCAL LAW OR ORDINANCE TO REGULATE INDIRECT SOURCE  POLLUTION
 FROM  QUALIFYING  WAREHOUSES IN A MANNER NOT INCONSISTENT WITH THE REGU-
 LATION  OF  INDIRECT  SOURCE  POLLUTION  CONTEMPLATED  BY  42  U.S.C.  §
 7410(A)(5);  PROVIDED,  HOWEVER,  ANY  SUCH  MUNICIPAL  INDIRECT  SOURCE
 POLLUTION PROGRAM SHALL BE, IN THE DETERMINATION OF THE  DEPARTMENT,  AT
 LEAST  AS  STRINGENT  AS THE PROGRAM ESTABLISHED UNDER SUBDIVISIONS ONE,
 TWO AND THREE OF THIS SECTION AND ALL RULES AND REGULATIONS  PROMULGATED
 PURSUANT THERETO.
   B. THE DEPARTMENT SHALL REQUIRE ANY CITY ESTABLISHING AND IMPLEMENTING
 AN INDIRECT SOURCE POLLUTION PROGRAM IN ACCORDANCE WITH THIS SUBDIVISION
 TO  REQUIRE  THE  PROGRAM TO IMPLEMENT ALL DATA COLLECTION AND REPORTING
 REQUIREMENTS CONTEMPLATED BY SUBDIVISION TWO OF THIS SECTION AND  SUBMIT
 ALL  SUCH  DATA  AND  REPORTING  INFORMATION  TO  THE DEPARTMENT NO LESS
 FREQUENTLY THAN EVERY TWELVE MONTHS FOR REVIEW BY THE DEPARTMENT.
   C. THE DEPARTMENT SHALL CONDUCT  AN  ANNUAL  REVIEW  OF  ANY  INDIRECT
 SOURCE  POLLUTION  PROGRAM  ESTABLISHED AND IMPLEMENTED PURSUANT TO THIS
 SUBDIVISION.  SUCH REVIEWS SHALL EVALUATE WHETHER, AMONG OTHER  RELEVANT
 MATTERS,  SUCH  PROGRAM  CONTINUES  TO  BE  AT LEAST AS STRINGENT AS THE
 PROGRAM ESTABLISHED UNDER  SUBDIVISIONS  ONE,  TWO  AND  THREE  OF  THIS
 SECTION.
   D.  IN  THE EVENT THAT THE DEPARTMENT DETERMINES THAT A PROGRAM ESTAB-
 LISHED PURSUANT TO  THIS  SUBDIVISION  IS  NOT  MEETING  ANY  APPLICABLE
 REQUIREMENTS  UNDER  THIS  SUBDIVISION, THE DEPARTMENT SHALL IMMEDIATELY
 NOTIFY SUCH CITY OF THE DEFICIENCIES AND IF, IN THE DETERMINATION OF THE
 DEPARTMENT, THE CITY DOES NOT TAKE SATISFACTORY CORRECTIVE  ACTION,  THE
 DEPARTMENT  MAY TAKE ANY CORRECTIVE ACTION IT DEEMS APPROPRIATE, INCLUD-
 ING BUT NOT LIMITED TO SUSPENDING OR TERMINATING  THE  APPROVAL  CONTEM-
 PLATED  BY  PARAGRAPH A OF THIS SUBDIVISION AND ENFORCING THE PROVISIONS
 OF THIS SECTION IN SUCH CITY; PROVIDED,  HOWEVER,  ANY  INDIRECT  SOURCE
 POLLUTION  LAW  IN  EFFECT  IN  A CITY OF ONE MILLION OR  MORE AS OF THE
 EFFECTIVE DATE OF THIS SECTION MAY NOT BE FOUND TO BE  FAILING  TO  MEET
 SUCH  APPLICABLE  REQUIREMENTS  FOR  THE  ONE-YEAR  PERIOD FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION.
   E. THE EXEMPTION CONTEMPLATED BY THIS SUBDIVISION SHALL BE LIMITED  TO
 THE  REGULATION  OF INDIRECT SOURCE POLLUTION FROM QUALIFYING WAREHOUSES
 AND MAY NOT BE CONSTRUED AS AN EXEMPTION FROM COMPLIANCE WITH ANY  OTHER
 LAW, RULE, REGULATION, DECISION OR ORDER.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.