S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6530
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring applicants for major  projects  located  near  environmental
   justice 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 58 to read as follows:
                                 ARTICLE 58
                     ENVIRONMENTAL JUSTICE COMMUNITIES
 SECTION 58-0101. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
         58-0103. DEFINITIONS.
         58-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
         58-0107. ENVIRONMENTAL ASSESSMENT.
         58-0109. APPLICANT CERTIFICATION.
         58-0111. PROHIBITIONS.
 § 58-0101. 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.
                                                            LBD04348-03-1
              

 A. 6530                             2
 
 RESULTING  FROM THE DISPROPORTIONATE AND INEQUITABLE SITING OF POLLUTION
 SOURCES IN THOSE COMMUNITIES.
   3. THE INTERSECTION OF HIGH ASTHMA RATES, ENVIRONMENTAL POLLUTION, AND
 ENVIRONMENTAL JUSTICE COMMUNITIES IS PREVALENT IN NEW YORK CITY'S "ASTH-
 MA  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 ENVIRON-
 MENTAL JUSTICE 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
 ENVIRONMENTAL JUSTICE  COMMUNITIES  IS  CONSISTENT  WITH  THE  PURPOSES,
 INTENT   AND  REQUIREMENTS  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 ENVIRONMENTAL PERMIT PROCESS SO THAT THOSE COMMUNITIES HAVE A
 GREATER VOICE IN THE SITING OF NEW OR EXPANDED SOURCES OF POLLUTION.
 § 58-0103. DEFINITIONS.
   1. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE FROM THE PROP-
 ERTY BOUNDARY WHERE A PROPOSED ACTION IS LOCATED OR WILL OCCUR.
   2.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY BEARING A DISPROPORTIONATE OR INEQUITA-
 BLE  POLLUTION BURDEN AND INCLUDES, BUT IS NOT LIMITED TO, ENVIRONMENTAL
 JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   3. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED  BY
 A  POVERTY RATE OF AT LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF AT
 LEAST ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  STATEWIDE  UNEMPLOYMENT
 RATE.
   4. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS IDENTIFIED IN THE DEFINITION
 OF  MINORITY  GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED
 TEN OF THE EXECUTIVE LAW.
   5. "MAJOR PROJECT" SHALL MEAN A PROJECT WHICH IS NOT A  MINOR  PROJECT
 AS DEFINED IN SUBDIVISION THREE OF SECTION 70-0105 OF THIS CHAPTER.
   6.  "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK, OR
 CENSUS BLOCK GROUP THAT INCLUDES TWENTY-FIVE  PERCENT  OR  MORE  OF  ANY
 ETHNIC GROUP.
 § 58-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
   1.  THE  APPLICANT  FOR  A  MAJOR PROJECT LOCATED IN OR ADJACENT TO AN
 ENVIRONMENTAL JUSTICE COMMUNITY SHALL, AS PART OF ITS APPLICATION TO THE
 DEPARTMENT FOR A PERMIT OR APPROVAL, 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 THIRTY DAYS. THE DEPARTMENT
 MAY, AFTER CONCLUSION OF THE PUBLIC COMMENT PERIOD, REQUIRE  THE  APPLI-
 CANT  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.

 A. 6530                             3
 
   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 ENVIRONMENTAL JUSTICE 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 ENVIRONMENTAL
 JUSTICE COMMUNITY;
   (C) THE LOCATION OF SENSITIVE RECEPTORS IN THE  ENVIRONMENTAL  JUSTICE
 COMMUNITY, INCLUDING HOSPITALS, SCHOOLS, ELDER CARE FACILITIES, DAY CARE
 FACILITIES,  PARKS, AND OTHER SENSITIVE AREAS IDENTIFIED BY THE COMMUNI-
 TY, INCLUDING A MAP SHOWING THE LOCATION OF SUCH RECEPTORS;
   (D) A LIST, DEVELOPED IN CONSULTATION WITH THE  ENVIRONMENTAL  JUSTICE
 COMMUNITY,  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  ENVIRONMENTAL
 JUSTICE  COMMUNITY  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  ENVIRONMENTAL JUSTICE 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  ENVIRONMENTAL  JUSTICE COMMUNITY
 CONCERNING IMPLEMENTATION OF THE PLAN.
   3. WRITTEN INFORMATION PROVIDED TO THE ENVIRONMENTAL JUSTICE 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 ENVIRONMENTAL JUSTICE  COMMUNITY,

 A. 6530                             4
 
 REQUIRE  ADDITIONAL  PUBLIC  INFORMATION  MEETINGS REGARDLESS OF WHETHER
 SUCH ADDITIONAL MEETINGS ARE INCLUDED IN  THE  ENHANCED  PUBLIC  PARTIC-
 IPATION PLAN.
   6.  PUBLIC INFORMATION MEETINGS SHALL PROVIDE AN OPPORTUNITY FOR MEAN-
 INGFUL PUBLIC PARTICIPATION AND INPUT BY RESIDENTS OF THE  ENVIRONMENTAL
 JUSTICE  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
 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.
 § 58-0107. 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.
 § 58-0109. 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 ENVIRONMENTAL JUSTICE COMMUNITY AND HOW THOSE ISSUES WERE
 RESOLVED OR ADDRESSED. THE CERTIFICATION SHALL BE SIGNED BY  THE  APPLI-
 CANT, 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.
 § 58-0111. 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 58-0109 AND THE DEPARTMENT HAS ISSUED THE WRITTEN  DETER-
 MINATION REQUIRED BY SUBDIVISION TWO OF SECTION 58-0109.
   § 2. This act shall take effect immediately.