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.
STATE OF NEW YORK
________________________________________________________________________
3199
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
___________
Introduced by Sens. SERRANO, ADDABBO, AVELLA, BAILEY, CARLUCCI, DILAN,
HOYLMAN, KRUEGER, LATIMER, PARKER, PERKINS, SANDERS, SAVINO, SQUADRON,
STAVISKY -- 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 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.
LBD06070-01-7
S. 3199 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.
