S T A T E O F N E W Y O R K
________________________________________________________________________
3211--B
2021-2022 Regular Sessions
I N S E N A T E
January 28, 2021
___________
Introduced by Sens. RAMOS, BIAGGI, BRISPORT, HOYLMAN, LIU, MAY, PARKER
-- read twice and ordered printed, and when printed to be committed to
the Committee on Environmental Conservation -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading -- recommitted to the Committee on Environ-
mental Conservation in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
requiring applicants for major projects located near disadvantaged
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 59 to read as follows:
ARTICLE 59
DISADVANTAGED COMMUNITIES
SECTION 59-0101. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
59-0103. DEFINITIONS.
59-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
59-0107. ENVIRONMENTAL ASSESSMENT.
59-0109. APPLICANT CERTIFICATION.
59-0111. PROHIBITIONS.
§ 59-0101. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04348-06-2
S. 3211--B 2
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
RESULTING FROM THE DISPROPORTIONATE AND INEQUITABLE SITING OF POLLUTION
SOURCES IN THOSE COMMUNITIES.
3. THE INTERSECTION OF HIGH ASTHMA RATES, ENVIRONMENTAL POLLUTION, AND
DISADVANTAGED COMMUNITIES IS PREVALENT IN NEW YORK CITY'S "ASTHMA
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 DISADVAN-
TAGED 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 DISADVAN-
TAGED COMMUNITIES IS CONSISTENT WITH THE PURPOSES, INTENT AND REQUIRE-
MENTS 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 ENVIRON-
MENTAL PERMIT PROCESS SO THAT THOSE COMMUNITIES HAVE A GREATER VOICE IN
THE SITING OF NEW OR EXPANDED SOURCES OF POLLUTION.
§ 59-0103. DEFINITIONS.
1. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE FROM THE PROP-
ERTY.
2. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS IN SUBDI-
VISION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
3. "MAJOR PROJECT" SHALL MEAN A PROJECT WHICH IS NOT A MINOR PROJECT
AS DEFINED IN SUBDIVISION THREE OF SECTION 70-0105 OF THIS CHAPTER.
§ 59-0105. ENHANCED PUBLIC PARTICIPATION PLAN.
1. THE APPLICANT FOR A MAJOR PROJECT LOCATED IN OR ADJACENT TO AN A
DISADVANTAGED COMMUNITY SHALL, AS PART OF ITS APPLICATION TO THE DEPART-
MENT FOR A PERMIT OR APPROVAL, SUBMIT A WRITTEN ENHANCED PUBLIC PARTIC-
IPATION PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL. THE DEPARTMENT
SHALL PROVIDE FOR A PUBLIC COMMENT PERIOD ON THE ENHANCED PUBLIC PARTIC-
IPATION PLAN OF NOT LESS THAN THIRTY DAYS. THE DEPARTMENT MAY, AFTER
CONCLUSION OF THE PUBLIC COMMENT PERIOD, REQUIRE THE APPLICANT 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.
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 DISADVANTAGED 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 DISADVANTAGED COMMUNITY;
S. 3211--B 3
(C) THE LOCATION OF SENSITIVE RECEPTORS IN THE DISADVANTAGED COMMUNI-
TY, INCLUDING HOSPITALS, SCHOOLS, ELDER CARE FACILITIES, DAY CARE FACIL-
ITIES, PARKS, AND OTHER SENSITIVE AREAS IDENTIFIED BY THE COMMUNITY,
INCLUDING A MAP SHOWING THE LOCATION OF SUCH RECEPTORS;
(D) A LIST, DEVELOPED IN CONSULTATION WITH THE DISADVANTAGED COMMUNI-
TY, 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 DISADVANTAGED COMMU-
NITY 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 DISADVANTAGED 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 DISADVANTAGED COMMUNITY CONCERNING
IMPLEMENTATION OF THE PLAN.
3. WRITTEN INFORMATION PROVIDED TO THE DISADVANTAGED 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 DISADVANTAGED COMMUNITY, REQUIRE
ADDITIONAL PUBLIC INFORMATION MEETINGS REGARDLESS OF WHETHER SUCH ADDI-
TIONAL MEETINGS ARE INCLUDED IN THE ENHANCED PUBLIC PARTICIPATION PLAN.
6. PUBLIC INFORMATION MEETINGS SHALL PROVIDE AN OPPORTUNITY FOR MEAN-
INGFUL PUBLIC PARTICIPATION AND INPUT BY RESIDENTS OF THE DISADVANTAGED
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
S. 3211--B 4
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 CONDI-
TIONS 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.
§ 59-0107. 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.
§ 59-0109. 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 DISADVANTAGED COMMUNITY AND HOW THOSE ISSUES WERE RESOLVED
OR ADDRESSED. THE CERTIFICATION SHALL BE SIGNED BY THE APPLICANT, 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.
§ 59-0111. 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 59-0109 OF THIS ARTICLE AND THE DEPARTMENT HAS ISSUED THE
WRITTEN DETERMINATION REQUIRED BY SUBDIVISION TWO OF SECTION 59-0109 OF
THIS ARTICLE.
§ 2. This act shall take effect immediately.
