Senate Bill S2127B

2023-2024 Legislative Session

Establishes an indirect source review for certain warehouse operations

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S2127 - Details

See Assembly Version of this Bill:
A1718
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0333, En Con L
Versions Introduced in 2021-2022 Legislative Session:
A9799

2023-S2127 - Summary

Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.

2023-S2127 - Sponsor Memo

2023-S2127 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2127
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 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.
   (C) PARCEL SORTING FACILITY. A FACILITY WHOSE PRIMARY PURPOSE IS SORT-
 ING  OR  REDISTRIBUTION  OF  GOODS FROM A FULFILLMENT CENTER TO A PARCEL
 HUB.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04869-01-3
 S. 2127                             2
              

co-Sponsors

2023-S2127A - Details

See Assembly Version of this Bill:
A1718
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0333, En Con L
Versions Introduced in 2021-2022 Legislative Session:
A9799

2023-S2127A - Summary

Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.

2023-S2127A - Sponsor Memo

2023-S2127A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2127--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced   by   Sens.   GIANARIS,   FERNANDEZ,   GONZALEZ,  GOUNARDES,
   HOYLMAN-SIGAL, MYRIE, WEBB -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD04869-02-3
 S. 2127--A                          2
              

co-Sponsors

2023-S2127B - Details

See Assembly Version of this Bill:
A1718
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0333, En Con L
Versions Introduced in 2021-2022 Legislative Session:
A9799

2023-S2127B - Summary

Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.

2023-S2127B - Sponsor Memo

2023-S2127B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2127--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. GIANARIS, BRISPORT, FERNANDEZ, GONZALEZ, GOUNARDES,
   HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KRUEGER, MAY, MYRIE, SALAZAR, SKOUF-
   IS, WEBB -- read twice and ordered printed, and  when  printed  to  be
   committed  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  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
   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.
                                                            LBD04869-06-4
 S. 2127--B                          2
              

co-Sponsors

2023-S2127C (ACTIVE) - Details

See Assembly Version of this Bill:
A1718
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §19-0333, En Con L
Versions Introduced in 2021-2022 Legislative Session:
A9799

2023-S2127C (ACTIVE) - Summary

Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.

2023-S2127C (ACTIVE) - Sponsor Memo

2023-S2127C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2127--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. GIANARIS, BRISPORT, FERNANDEZ, GONZALEZ, GOUNARDES,
   HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KRUEGER, MAY, MYRIE, SALAZAR, SKOUF-
   IS, WEBB -- read twice and ordered printed, and  when  printed  to  be
   committed  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  Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  reported  favorably  from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04869-08-4
              

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