S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1718--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by M. of A. MITAYNES, CARROLL, FORREST, GALLAGHER, GONZALEZ-
   ROJAS, KELLES, MAMDANI, SEPTIMO, SIMON, REYES, EPSTEIN, ROZIC, BURGOS,
   MEEKS, RAGA, ANDERSON -- 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 article 74 to read as follows:
                                ARTICLE 74
                          INDIRECT SOURCE REVIEW
 SECTION 74-0101. DEFINITIONS.
         74-0103. INDIRECT SOURCE REVIEW.
         74-0105. ZERO-EMISSIONS ZONES STUDY.
 § 74-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "HEAVY  DISTRIBUTION  WAREHOUSE" MEANS A FACILITY THAT FALLS UNDER
 ONE OF THE FOLLOWING CATEGORIES:
   (A) FULFILLMENT CENTER. A FACILITY WHOSE PRIMARY  PURPOSE  IS  STORAGE
 AND  DISTRIBUTION  OF E-COMMERCE GOODS TO CONSUMERS OR END-USERS, EITHER
 DIRECTLY OR THROUGH A PARCEL HUB.
   (B) 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04869-03-3
 A. 1718--A                          2
              

 
   (C) PARCEL SORTING FACILITY. A FACILITY WHOSE PRIMARY PURPOSE IS SORT-
 ING  OR  REDISTRIBUTION  OF  GOODS FROM A FULFILLMENT CENTER TO A PARCEL
 HUB.
   2.  "QUALIFYING WAREHOUSE" MEANS ANY HEAVY DISTRIBUTION WAREHOUSE THAT
 IS FIFTY THOUSAND SQUARE FEET OR GREATER, OR WHICH IS OWNED OR  OPERATED
 BY ANY PERSON WHO IN AGGREGATE OWNS OR OPERATES FIVE HUNDRED THOUSAND OR
 MORE OF HEAVY DISTRIBUTION WAREHOUSE SPACE IN THE STATE.
   3.  "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.
   4.  "MAJOR  MODIFICATION" SHALL HAVE THE SAME MEANING AS IT DOES IN 40
 CFR 52.21(B)(2).
   5. "MOBILE SOURCE EMISSIONS" SHALL HAVE THE SAME MEANING AS IT DOES IN
 40 CFR § 51.491.
 § 74-0103. INDIRECT SOURCE REVIEW.
   1. NO LATER THAN TWELVE  MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION, THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS PROVIDING
 FOR   THE  FACILITY-BY-FACILITY  REVIEW  OF  QUALIFYING  WAREHOUSES  AND
 ADOPTION OF MEASURES TO REDUCE AIR POLLUTION ASSOCIATED  WITH  EMISSIONS
 RELATED  TO  QUALIFYING  WAREHOUSE  OPERATIONS,  INCLUDING MOBILE SOURCE
 EMISSIONS.
   2. IN PROMULGATING SUCH RULES AND REGULATIONS,  THE  DEPARTMENT  SHALL
 CONSIDER  A  VARIETY  OF MEASURES INCLUDING BUT NOT LIMITED TO REQUIRING
 ALL WAREHOUSE OPERATORS TO IMPLEMENT  AN  AIR  EMISSIONS  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 TRUCK 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 INCOM-
 ING OR OUTGOING TRIPS, AND/OR INSTALLING SOLAR ELECTRIC POWER GENERATION
 AND BATTERY STORAGE SYSTEMS; AND REQUIRING ENHANCED MITIGATION  MEASURES
 FOR WAREHOUSES LOCATED NEAR SENSITIVE RECEPTORS INCLUDING BUT NOT LIMIT-
 ED  TO  SCHOOLS, DAYCARES, PLAYGROUNDS, PARKS, HOSPITALS, SENIOR CENTERS
 OR NURSING HOMES AND DISADVANTAGED COMMUNITIES  AS  DEFINED  BY  SECTION
 75-0101  OF THIS CHAPTER.  WHEN CONSIDERING ALTERNATIVES TO TRUCK OR VAN
 TRIPS FOR INCOMING  OR  OUTGOING  TRIPS,  THE  WAREHOUSE  OPERATOR  WILL
 CONSULT  IMPACTED AND DISPLACED EMPLOYEES IN SELECTING AN ALTERNATIVE TO
 TRUCK OR VAN TRIPS AND WILL ONLY UTILIZE SUCH ALTERNATIVE UPON AGREEMENT
 WITH THE IMPACTED AND DISPLACED  EMPLOYEES.  IN  ADDITION  TO  REQUIRING
 AGREEMENT  FROM THE IMPACTED AND/OR DISPLACED EMPLOYEES, IF EMPLOYEES IN
 THE WAREHOUSE HAVE AN EXCLUSIVE BARGAINING UNIT REPRESENTATIVE  AND  THE
 BARGAINING  UNIT  OR  TERMS  OF  THE  COLLECTIVE BARGAINING AGREEMENT IS
 IMPACTED, THE WAREHOUSE OPERATOR WILL BE REQUIRED TO CONSULT AND  OBTAIN
 AGREEMENT  FROM  SUCH  REPRESENTATIVE,  IN  WRITING,  PRIOR TO UTILIZING
 ALTERNATIVES.
   3. (A) THE DEPARTMENT SHALL REQUIRE ANY PROPOSED  NEW  DEVELOPMENT  OR
 MAJOR  MODIFICATION  OF  A QUALIFYING WAREHOUSE TO FIRST OBTAIN A PERMIT
 DEMONSTRATING  THAT  ANY   ADDITIONAL   TRAFFIC   RESULTING   FROM   ITS
 CONSTRUCTION  AND  OPERATION  WILL NOT RESULT IN A VIOLATION OF NATIONAL
 AMBIENT AIR QUALITY STANDARDS ESTABLISHED BY THE  FEDERAL  ENVIRONMENTAL
 PROTECTION AGENCY OR, IF A VIOLATION ALREADY EXISTS, WILL NOT EXACERBATE
 SUCH  VIOLATION.    IN  ADDITION,  NEWLY CONSTRUCTED FACILITIES SHALL BE
 REQUIRED TO DEMONSTRATE (I) THE OPERATOR HAS NOT BEEN HELD BY AN  ADMIN-
 ISTRATIVE  AGENCY  OR COURT OF COMPETENT JURISDICTION TO BE IN VIOLATION
 OF ANY FEDERAL, STATE OR LOCAL AIR QUALITY STANDARDS IN  THE  TWO  YEARS
 A. 1718--A                          3
 
 PRIOR  TO  THE DATE OF APPLICATION, AND (II) THE PROPOSED FACILITY MEETS
 LEED PLATINUM STANDARDS.
   (B)  THE  DEPARTMENT  SHALL  REQUIRE  APPLICANTS TO SUBMIT INFORMATION
 NECESSARY TO MAKE SUCH A DETERMINATION PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, INCLUDING BUT NOT LIMITED TO, PROJECTED AVERAGE  NUMBER  OF
 DAILY  TRUCK TRIPS AND PRIMARY ROUTES TO THE FACILITY, A STUDY OF POTEN-
 TIAL TRAFFIC AND CONGESTION IMPACTS,  IDENTIFICATION  OF  ALL  SENSITIVE
 RECEPTORS, INCLUDING BUT NOT LIMITED TO, SCHOOLS, DAYCARES, PLAYGROUNDS,
 PARKS,  HOSPITALS,  SENIOR  CENTERS  OR  NURSING HOMES AND DISADVANTAGED
 COMMUNITIES AS DEFINED BY SECTION 75-0101  OF  THIS  CHAPTER,  NEAR  THE
 PROPOSED  WAREHOUSE  OR  NEAR  THE  PRIMARY TRUCK ROUTES, AND AN INITIAL
 EMISSIONS REDUCTION AND MITIGATION PLAN AS PROVIDED FOR  IN  SUBDIVISION
 TWO OF THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  ESTABLISH ONGOING MONITORING AND REPORTING
 REQUIREMENTS FOR WAREHOUSE OPERATORS.  SUCH MONITORING SHALL INCLUDE BUT
 NOT BE LIMITED TO PERIODIC DESKTOP AND FIELD  AUDITS;  CONTACTING  WARE-
 HOUSE  OWNERS AND OPERATORS TO REQUEST FURTHER DOCUMENTATION OR CLARIFI-
 CATION ON SUBMITTED REPORTS; AND CONDUCTING FIELD VISITS  OF  THE  WARE-
 HOUSE  FACILITIES  AT ANY TIME DURING REGULAR BUSINESS HOURS TO VERIFY A
 FACILITY IS FOLLOWING RECORDKEEPING REQUIREMENTS  AND  OTHER  APPLICABLE
 REQUIREMENTS.    ALL  REPORTS SHALL BE MADE ACCESSIBLE TO THE PUBLIC, IN
 FULL AND UNREDACTED, AND POSTED ON A PUBLICLY AVAILABLE WEBSITE. REPORT-
 ING REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANNUAL  REPORTING
 OF:
   (A)  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;
   (B) THE AVERAGE DAILY VEHICLE MILES TRAVELED FOR ALL  VEHICLES  MAKING
 INBOUND AND OUTBOUND TRIPS TO AND FROM THE QUALIFYING WAREHOUSE;
   (C) THE AVERAGE DAILY VEHICLE MILES TRAVELED AND NUMBER OF INBOUND AND
 OUTBOUND TRIPS FOR ALTERNATIVE MODES OF FREIGHT;
   (D) A HEAT MAP OF THE FREQUENCY DATA FOR TRIP DESTINATIONS;
   (E)  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;
   (F) THE PERCENTAGE OF VEHICLES USED, SPECIFYING ON-ROAD  VEHICLES  AND
 OFF-ROAD  VEHICLES  AS  WELL  AS WEIGHT AND VEHICLE CLASS, THAT ARE ZERO
 EMISSIONS;
   (G) THE NUMBER OF ELECTRIC VEHICLE  CHARGING  STATIONS  INSTALLED  AND
 ACTUAL USAGE;
   (H)  THE  NUMBER  OF  HYDROGEN  FUELING  STATIONS INSTALLED AND ACTUAL
 USAGE;
   (I)  THE  NUMBER  OF  ON-SITE  RENEWABLE  ENERGY  GENERATION   SYSTEMS
 INSTALLED;
   (J)  THE  NUMBER  OF  VEHICLES  USED TO DELIVER FROM THE SITE THAT ARE
 OWNED BY THE OPERATOR BUT LEASED TO A THIRD-PARTY, AND THE PROPORTION OF
 LEASED VEHICLES VIS A VIS VEHICLES OWNED BY THE OPERATOR;
   (K) THE IDENTITY OF SUBCONTRACTORS WHO CONDUCT MORE THAN 10% OF  TOTAL
 DELIVERY VEHICLE TRIPS FROM THE SITE, INCLUDING THE ENTITY NAME, PRINCI-
 PAL OFFICERS, BUSINESS ADDRESS AND CONTACT INFORMATION, AND TOTAL NUMBER
 OF EMPLOYEES; AND
   (L)  ANY  OTHER  INFORMATION  NECESSARY  TO  EFFECTIVELY IMPLEMENT AND
 ENFORCE ANY RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION.
   5. THE DEPARTMENT SHALL IMPOSE AN ANNUAL REGISTRATION  FEE  FOR  WARE-
 HOUSE  OPERATORS, AND INSTITUTE ADDITIONAL FEES OF FIFTY DOLLARS PER DAY
 THAT A VIOLATION EXISTS FOR WAREHOUSE OPERATORS THAT FAIL TO  SUBMIT  AN
 A. 1718--A                          4
 
 APPROVED  PLAN  PURSUANT TO SUBDIVISION TWO OF THIS SECTION OR TO OTHER-
 WISE COMPLY WITH ANY RULE OR REGULATION  PROMULGATED  PURSUANT  TO  THIS
 SECTION.  SUCH  FEES ARE OWED BY NO MORE THAN THIRTY CALENDAR DAYS AFTER
 JANUARY FIRST OF EACH YEAR.
 § 74-0105. ZERO-EMISSIONS ZONES STUDY.
   WITHIN  TWELVE  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 SUBDIVISION ONE OF SECTION 19-0320  OF
 THIS  CHAPTER 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 CONSIDER:
   1. CREATION OF ZONES RESTRICTING DELIVERIES TO ZERO-EMISSIONS DELIVERY
 VEHICLES ONLY;
   2.  CREATION  OF  ZONES  REQUIRING  DELIVERY  VEHICLES TO MEET CERTAIN
 STRINGENT EMISSIONS STANDARDS;
   3. CREATION OF ZONES REQUIRING A  FEE  FOR  ENTRY  FOR  DIESEL-POWERED
 MEDIUM- AND HEAVY-DUTY VEHICLES;
   4.  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;
   5.  INCENTIVES  AND  ENFORCEABLE  MEASURES FOR LOW- AND ZERO-EMISSIONS
 ZONES, INCLUDING FEES;
   6. MEASURES TO ENSURE REINVESTMENT OF ANY REVENUES FROM FEES IN PUBLIC
 TRANSIT AND ZERO-EMISSIONS TRANSPORTATION INFRASTRUCTURE;
   7. EQUITY CONSIDERATIONS, INCLUDING PREVENTING  UNINTENDED  REGRESSIVE
 COST IMPACTS FOR LOW- AND MODERATE-INCOME NEW YORKERS; AND
   8. BARRIERS TO IMPLEMENTING LOW- AND ZERO-EMISSIONS ZONES IN THE STATE
 AND RECOMMENDATIONS FOR OVERCOMING SUCH BARRIERS.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1718--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by M. of A. MITAYNES, CARROLL, FORREST, GALLAGHER, GONZALEZ-
   ROJAS, KELLES, MAMDANI, SEPTIMO, SIMON, REYES, EPSTEIN, ROZIC, BURGOS,
   MEEKS, RAGA, ANDERSON, THIELE, SHRESTHA, LEVENBERG --  read  once  and
   referred  to  the Committee on Environmental Conservation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to  the  Committee  on  Environmental
   Conservation  in  accordance with Assembly Rule 3, sec. 2 -- 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04869-07-4
 A. 1718--B                          2
              

 
   (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-
 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  SPACE, OR A CHANGE IN OPERATIONS OF A WARE-
 HOUSE 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 TWELVE 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
 A. 1718--B                          3
 
 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
 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.
   (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 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  AT  ANY  TIME  DURING  REGULAR
 BUSINESS 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;
 A. 1718--B                          4
 
   (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;
   (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  WARE-
 HOUSE OPERATORS.
   4.  WITHIN  TWELVE  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;
 A. 1718--B                          5

   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
   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, HAS ESTABLISHED A PROGRAM  BY  ADOPTING  A
 LOCAL LAW OR ORDINANCE TO REGULATE INDIRECT SOURCE POLLUTION FROM QUALI-
 FYING  WAREHOUSES  IN  A  MANNER NOT INCONSISTENT WITH THE REGULATION 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 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 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 immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1718--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by M. of A. MITAYNES, CARROLL, FORREST, GALLAGHER, GONZALEZ-
   ROJAS, KELLES, MAMDANI, SEPTIMO, SIMON, REYES, EPSTEIN, ROZIC, BURGOS,
   MEEKS, RAGA, ANDERSON, THIELE, SHRESTHA, LEVENBERG --  read  once  and
   referred  to  the Committee on Environmental Conservation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to  the  Committee  on  Environmental
   Conservation  in  accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04869-09-4
              

 A. 1718--C                          2
 
   (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-
 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
 A. 1718--C                          3
 
 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
 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;
 A. 1718--C                          4
 
   (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;
   (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;
 A. 1718--C                          5
 
   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
   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.