BILL NUMBER:S959

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
high local environmental impact communities

PURPOSE:

This bill requires the Department of Environmental Conservation (DEC)
to publish a list of those areas in the State that are most adversely
affected by existing environmental hazards.

Section 1 of the bill adds a new section 3-0308 to the Environmental
Conservation Law requiring DEC to publish a list of "high local
environmental impact zones", which are defined as those areas of the
State which are most adversely impacted by existing environmental
hazards. The analysis of environmental burdens experienced in various
areas will be based on the best information available (i.e., at the
level of census tract, census block group or nine-digit zip code) to
allow more precise targeting of high local impact zones wherever
practicable. The biennial list will include zones that exist in whole
or part in at least 5% of the zip codes in the state. In compiling
this list, DEC must consider numerous potentially adverse
environmental impacts within each zip code or area, including:

              

* releases of toxic chemicals and petroleum discharges;

* emissions, discharges and stored waste authorized by permit;

* the amount of pesticides sold and used;

* the number of bodies of water determined by DEC to be impaired;

* the presence of inactive hazardous waste disposal sites; and

* whether the area has been designated as non-attainment for one or
more pollutants pursuant to the federal Clean Air Act.

DEC is required to publish the listing every two years, together with
a report identifying the factors considered and how those factors were
weighed in compiling the list.

EXISTING LAW:

There is no current statutory requirement for the identification of
areas that are most adversely impacted by existing environmental
hazards. Nevertheless, most of the information that DEC is required to
consider in compiling the list of "high local environmental impact
zones" under this bill is already available to DEC pursuant to
existing provisions of state and federal law.

JUSTIFICATION:

The siting of projects with potential adverse environmental impacts is
a complex and difficult process. Local residents are never in favor of
having such projects located in their communities, and thus government


decision makers must undertake a difficult balancing of competing
inter- ests in order to select the most appropriate location for the
project.  Historically, geographical areas with existing environmental
hazards have frequently been selected for the placement of new
projects, presum- ably due to the belief that the "incremental"
adverse impact would be less in such an area than in a "pristine" area
with no existing environ- mental problems.

Unfortunately, this process can lead to a concentration of
environmental hazards within a small geographical area, and a
concomitant increased risk to residents of those areas. Residents of
communities with a high presence of environmental pollution are
frequently disproportionately afflicted with associated health
problems, and there is widespread recognition that such communities
are disproportionately populated by persons of low income and/or
persons of color.

This bill seeks to address this problem by requiring DEC to identify
"high local environmental impact zones", which are defined as those
areas of the State that are most adversely impacted by existing
environmental hazards.

The need for consideration of such cumulative impacts has been
recognized at the federal level, where the EPA has established a
principle of "fair treatment" in environmental decision-making, as
mandated by President Clinton's 1994 Executive Order on Environmental
Justice. This bill will help to ensure that New York State similarly
recognizes the existence of such overburdened communities, and that
future siting decisions are made only after considering the potential
adverse impacts on these communities.

LEGISLATIVE HISTORY:

This legislation was submitted during the 2001-02 legislative session
(Attorney General Program bill #20-01). As A.7862-A, it passed the
Assembly in 2003 and 2004, and was referred in each year to the Senate
Environmental Conservation Committee.
2009/10: Passed Senate and Assembly - Vetoed by the Governor.
2011/12: S2703 - Referred to Environmental Conservation
2013/14: S931 - Referred to Environmental Conservation

FISCAL IMPLICATIONS:

The Department of Environmental Conservation may require some minor
additional resources to implement the requirements of this bill.

EFFECTIVE DATE:

The bill would take effect immediately, and the first report would be
published within two years of such effective date.