S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2510--A
     Cal. No. 312
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by Sens. RAMOS, BRISPORT, BROUK, CLEARE, HOYLMAN-SIGAL, LIU,
   MAY, PARKER, SEPULVEDA -- 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 report,
   amended on first report,  ordered  to  a  second  report  and  ordered
   reprinted, retaining its place in the order of second report
 
 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
        ENHANCED PUBLIC PARTICIPATION IN 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
 INEQUITABLE  POLLUTION  BURDEN,  CAUSED BY HISTORIC SITING OF SOURCES OF
 POLLUTION IN THOSE COMMUNITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06077-04-3
              

 S. 2510--A                          2
 
   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 ARE 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 IN ACCORDANCE WITH ARTICLE SEVENTY OF THIS
 CHAPTER, 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 SIXTY 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 AND WHETHER  THE  PROJECT  MAY
 CAUSE  OR  INCREASE A DISPROPORTIONATE POLLUTION BURDEN ON THE DISADVAN-
 TAGED COMMUNITY;
 S. 2510--A                          3
 
   (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;
   (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
 INCLUDING  WHAT MAJOR PROJECT DECISIONS WILL BE MADE AND WHEN, ANSWERING
 QUESTIONS ABOUT THE PROJECT, RECEIVING INPUT FROM  THE  COMMUNITY  ABOUT
 THE  PROJECT,  AND  DESCRIBING  HOW SUCH INPUT WILL BE INCORPORATED INTO
 PROJECT DESIGN, DEVELOPMENT, AND IMPLEMENTATION;
   (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, AND UPON REQUEST SHALL BE
 TRANSLATED INTO THE TWELVE MOST COMMON  NON-ENGLISH LANGUAGES SPOKEN  BY
 LIMITED-ENGLISH   PROFICIENT   INDIVIDUALS  IN  THE STATE,  BASED ON THE
 DATA IN THE MOST RECENT  AMERICAN  COMMUNITY  SURVEY  PUBLISHED  BY  THE
 UNITED   STATES   CENSUS  BUREAU, AND OTHER COMMONLY SPOKEN LANGUAGES IN
 THE COMMUNITY.
   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, AND SHALL
 BE OF SUFFICIENT LENGTH TO ALLOW FOR MEANINGFUL PUBLIC INPUT.    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,  ON  THE  DOCUMENT
 WEBSITE, AND THROUGH OTHER CHANNELS WIDELY USED BY THE HOST COMMUNITY AS
 SOURCES  OF  INFORMATION,  INCLUDING,  BUT  NOT LIMITED TO, PRINT MEDIA,
 BROADCAST MEDIA, SOCIAL MEDIA, LIBRARIES, COMMUNITY BOARDS, THE  OFFICES
 OF  ELECTED  REPRESENTATIVES,  AND  GOVERNMENT  OFFICES  THAT  SERVE THE
 PUBLIC. NOTICES IN PRINT, BROADCAST, AND SOCIAL MEDIA SHALL BE MADE WITH
 ADEQUATE REPETITION.
   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
 S. 2510--A                          4
 
 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.  READILY UNDER-
 STANDABLE  VISUAL  INFORMATION  CONCERNING ENVIRONMENTAL IMPACTS MUST BE
 PRESENTED.  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  INFORMA-
 TION  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.
 § 59-0107. ENVIRONMENTAL ASSESSMENT.
   AN APPLICANT FOR A PROJECT SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE
 SHALL  SUBMIT TO THE DEPARTMENT, AS PART OF ITS APPLICATION, A COMPLETED
 FULL ENVIRONMENTAL 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 SIXTY 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
 S. 2510--A                          5

 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 on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.