Bill Text: NY A09267 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires that an assessment of the role that permit approvals for air contamination sources plays in contributing to stationary and mobile sources of air pollution be included in an addendum to the strategies for the development of community emission reduction programs; requires disclosure of last mile warehouse permits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-23 - referred to environmental conservation [A09267 Detail]

Download: New_York-2023-A09267-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9267

                   IN ASSEMBLY

                                    February 23, 2024
                                       ___________

        Introduced  by  M. of A. RAGA -- read once and referred to the Committee
          on Environmental Conservation

        AN ACT to amend the environmental conservation law, in relation  to  the
          community air monitoring program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 75-0115 of the environmental  conservation  law  is
     2  amended by adding two new subdivisions 5 and 6 to read as follows:
     3    5.  Within  one  year  of  the effective date of this subdivision, the
     4  department shall prepare an addendum to  the  report  on  strategies  to
     5  reduce  emissions  of toxic air contaminants and criteria air pollutants
     6  in disadvantaged communities, as described in subdivision three of  this
     7  section, which shall include the following:
     8    a.  an assessment of the role that the department's approval or disap-
     9  proval for permits and certificates for air  contamination  sources,  as
    10  authorized  in paragraph j of subdivision two of section 19-0305 of this
    11  chapter, plays in contributing to such stationary and mobile sources  of
    12  pollution  and  their  relative contribution to elevated exposure to air
    13  pollution in impacted communities; and
    14    b. a detailed description of the role that the department's  operating
    15  permit  program  for sources subject to Title V of the federal Clean Air
    16  Act, as described in section 19-0311  of  this  chapter,  in  particular
    17  plays   in  contributing  to  such  stationary  and  mobile  sources  of
    18  pollution.
    19    6. a. The department shall release, in conjunction with  the  addendum
    20  report  described  in subdivision five of this section, a listing of all
    21  last mile warehouses receiving permits and certificates for air  contam-
    22  ination  sources as   authorized   in  paragraph j of subdivision two of
    23  section 19-0305 of this chapter. As used in this subdivision "last  mile
    24  warehouse"  shall  refer to a facility that: (i) contains at least fifty
    25  thousand square feet of total floor space that  is  used  for  warehouse
    26  activities;  and  (ii) has as its primary purpose the temporary storage,
    27  sorting, and redistribution of goods to  fulfill  e-commerce  orders  by
    28  receiving shipments of goods from one mode of transport and redistribut-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06565-04-4
        A. 9267                             2

     1  ing  those  goods  via a delivery vehicle. A "last mile warehouse" shall
     2  not include any facility where goods are manufactured  or  assembled  on
     3  site  and temporarily stored prior to distribution, or any facility that
     4  has  as  its  primary purpose the temporary storage of food products for
     5  wholesale distribution.
     6    b. The department shall represent the last mile  warehouses  receiving
     7  permits  and  certificates  for  air  contamination sources described in
     8  paragraph a of this subdivision on a statewide map to be maintained on a
     9  publicly accessible website. In designing and maintaining such map,  the
    10  department  shall  allow a user of such website to view the distribution
    11  of such warehouses across the state separately from and  in  conjunction
    12  with any other category of facility, site, parcel, area, trail, or other
    13  category of information on such map.
    14    § 2. This act shall take effect immediately.