Bill Text: NY A01779 | 2019-2020 | General Assembly | Introduced

Bill Title: Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones; provides that high local environmental impact zones are areas most adversely affected by existing environmental hazards.

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Engrossed) 2019-04-30 - RETURNED TO ASSEMBLY [A01779 Detail]

Download: New_York-2019-A01779-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
        Introduced  by  M.  of  A.  PEOPLES-STOKES,  L. ROSENTHAL, COLTON, OTIS,
          WEPRIN,  GLICK  -- read once and referred to the Committee on Environ-
          mental Conservation
        AN ACT to amend the environmental conservation law, in relation to  high
          local environmental impact communities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 3-0308 to read as follows:
     3  § 3-0308. Identification of high local environmental impact zones.
     4    1. The commissioner shall publish a biennial list of "high local envi-
     5  ronmental  impact  zones", which shall identify those areas of the state
     6  which are most adversely affected  by  existing  environmental  hazards.
     7  Such  list  shall  identify  high local environmental impact zones in as
     8  specific detail as is practicable, and  shall  identify  such  zones  by
     9  census  tract,  census  block group or nine digit zip code to the extent
    10  possible, and shall at a minimum include zones existing in whole  or  in
    11  part  in  no  fewer than five percent of the five-digit zip codes in the
    12  state. In compiling such list, the commissioner  shall  consider,  at  a
    13  minimum,  each  of  the  following factors, as well as any other factors
    14  that the commissioner deems relevant to a determination of the  relative
    15  adverse environmental impact on local communities:
    16    a.  the  quantities  of  toxic  chemicals  released within the area as
    17  reported in the Toxics Release Inventory compiled pursuant to the feder-
    18  al Emergency Planning and Community  Right-to-Know  Act  (42  U.S.C.  §§
    19  11001 et seq.);
    20    b. the quantities of emissions, discharges and stored waste authorized
    21  at facilities located in the area by permits issued pursuant to articles
    22  17, 19, 27, 29 and 40 of this chapter;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1779                             2
     1    c. the quantities of pesticides sold and used in the area as reflected
     2  in the pesticide sales and use data base established pursuant to section
     3  33-1201 of this chapter;
     4    d. the number of water bodies in or adjacent to the area identified by
     5  the  department  as  impaired  pursuant to § 303(d) of the Federal Water
     6  Pollution Act (42 U.S.C. § 1313(d)), and the relative size  and  impair-
     7  ment of those bodies of water;
     8    e.  the  number of inactive hazardous waste disposal sites, as defined
     9  in section 27-1301 of this chapter, in the area, and the relative amount
    10  of hazardous waste at those sites;
    11    f. the number and quantity of discharges of petroleum  as  defined  in
    12  article 12 of the navigation law;
    13    g.  whether  the area is adjacent to one or more other areas which are
    14  found to be high local environmental impact  zones,  where  the  adverse
    15  environmental impacts in such designated zones also have adverse impacts
    16  on adjacent areas; and
    17    h. whether the area is included in an area designated as nonattainment
    18  for  one  or  more pollutants pursuant to § 107 of the federal Clean Air
    19  Act (42 U.S.C. §4207).
    20    2. The commissioner shall publish the listing of high  level  environ-
    21  mental  impact  zones  required  by this section in a report which shall
    22  identify the factors  considered  by  the  commissioner  and  how  those
    23  factors  were  weighed in making such designations. Such report shall be
    24  made available to the public in printed form  and  on  the  department's
    25  website. The first such report shall be published within two years after
    26  the effective date of this section.
    27    § 2.  This act shall take effect immediately.