BILL NUMBER: S181

SPONSOR: SERRANO
 
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 environ-
mental 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 environ-
mental hazards.

The need for consideration of such cumulative impacts has been recog-
nized at the federal level, where the EPA has established a principle of
"fair treatment" in environmental decision-making, as mandated by Presi-
dent Clinton's 1994 Executive Order on Environmental Justice. This bill
will help to ensure that New York State similarly recognizes the exist-
ence 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 Assem-
bly in 2003 and 2004, and was referred in each year to the Senate Envi-
ronmental 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
2015/16: S959 - Referred to Environmental Conservation
2017/18: S3199 - Passed Assembly. Died in Senate. Passed Assembly.
Delivered to Senate and 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.