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A09799 Summary:

COSPNSRSeptimo, Kelles, Simon, Gallagher, Carroll, Gonzalez-Rojas, Mamdani, Gottfried, Forrest
Add Art 74 74-0101 - 74-0105, En Con L
Establishes an indirect source review for certain warehouse operations; requires the department of environmental conservation to conduct a study regarding zero emissions zones.
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A09799 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 18, 2022
        Introduced  by  M.  of A. MITAYNES, SEPTIMO, KELLES, SIMON, GALLAGHER --
          read once and referred 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-
          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 article 74 to read as follows:
     3                                 ARTICLE 74
     4                           INDIRECT SOURCE REVIEW
     5  Section 74-0101. Definitions.
     6          74-0103. Indirect source review.
     7          74-0105. Zero emissions zones study.
     8  § 74-0101. Definitions.
     9    As used in this article the following terms shall have  the  following
    10  meanings:
    11    1.  "Heavy  distribution  warehouse" means a facility that falls under
    12  one of the following categories:
    13    (a) Fulfillment center. A facility whose primary  purpose  is  storage
    14  and  distribution  of e-commerce goods to consumers or end-users, either
    15  directly or through a parcel hub.
    16    (b) Parcel hub. A last mile facility or similar facility whose primary
    17  purpose is processing or redistribution of goods for  delivery  directly
    18  to  consumers or end-users, by moving a shipment from one mode of trans-
    19  port to a vehicle with a  rated  capacity  of  less  than  ten  thousand
    20  pounds.
    21    (c) Parcel sorting facility. A facility whose primary purpose is sort-
    22  ing  or  redistribution  of  goods from a fulfillment center to a parcel
    23  hub.
    24    2. "Qualifying warehouse" means any heavy distribution warehouse  that
    25  is fifty thousand square feet or greater.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9799                             2
     1    3.  "Warehouse  operator"  means  any  entity that conducts day-to-day
     2  operations at  a  heavy  distribution  warehouse,  including  operations
     3  conducted through the use of third-party contractors.
     4  § 74-0103. Indirect source review.
     5    1.  No  later  than  twelve  months  after  the effective date of this
     6  section, the department shall promulgate rules and regulations providing
     7  for  the  facility-by-facility  review  of  qualifying  warehouses   and
     8  adoption  of  measures to reduce air pollution associated with emissions
     9  related to qualifying  warehouse  operations,  including  mobile  source
    10  emissions.
    11    2.  In  crafting  such  rules  and  regulations,  the department shall
    12  consider measures including but not limited to requiring  all  warehouse
    13  operators  to  implement  an air emissions reduction and mitigation plan
    14  developed or approved by the department; creating a points system  under
    15  which warehouse operators must gain a certain number of points, based on
    16  the  amount of truck traffic that results from their operations, through
    17  mitigation measures such as acquiring and using zero-emissions vehicles,
    18  installing and using on-site electric vehicle charging equipment,  using
    19  alternatives  to  truck  or  van  trips  for incoming or outgoing trips,
    20  and/or installing solar electric power generation  and  battery  storage
    21  systems;  and  requiring  enhanced  mitigation  measures  for warehouses
    22  located near sensitive receptors including but not limited  to  schools,
    23  daycares, playgrounds, parks, hospitals, senior centers or nursing homes
    24  and  disadvantaged  communities  as  defined  by section 75-0101 of this
    25  chapter.
    26    3. (a) The department shall require any proposed  new  development  or
    27  major  modification  of  a qualifying warehouse to first obtain a permit
    28  demonstrating  that  any   additional   traffic   resulting   from   its
    29  construction  and  operation  will not result in a violation of national
    30  ambient air quality standards established by the  federal  environmental
    31  protection agency or, if a violation already exists, will not exacerbate
    32  such violation.
    33    (b)  The  department  shall  require  applicants to submit information
    34  necessary to make such a determination pursuant to paragraph (a) of this
    35  subdivision, including but not limited to, projected average  number  of
    36  daily  truck trips and primary routes to the facility, a study of poten-
    37  tial traffic and congestion impacts,  identification  of  all  sensitive
    38  receptors, including but not limited to, schools, daycares, playgrounds,
    39  parks,  hospitals,  senior  centers  or  nursing homes near the proposed
    40  warehouse or near the primary truck routes,  and  an  initial  emissions
    41  reduction and mitigation plan as provided for in subdivision two of this
    42  section.
    43    4.  The  department  shall  establish ongoing monitoring and reporting
    44  requirements for warehouse operators. All reports shall be made accessi-
    45  ble to the public and posted on a publicly available website.  Reporting
    46  requirements shall include, but not be limited to, annual reporting of:
    47    (a)  The average daily number of inbound and outbound vehicle trips by
    48  vehicle weight and class, and by time of day and day of the week;
    49    (b) The average daily vehicle miles traveled for all  vehicles  making
    50  inbound and outbound trips to and from the qualifying warehouse;
    51    (c) The average daily vehicle miles traveled and number of inbound and
    52  outbound  trips for alternative modes of freight such as cargo bicycles,
    53  waterborne transport and drones;
    54    (d) A heat map of the frequency data for trip destinations;
    55    (e) The number of jobs at the facility, including drivers  and  others
    56  employed  by  third-party contractors, with a breakdown of percentage of

        A. 9799                             3
     1  part-time and full-time employees,  independent  contractors,  unionized
     2  and non-union employees;
     3    (f)  The  percentage of vehicles used, specifying on-road vehicles and
     4  off-road vehicles as well as weight and vehicle  class,  that  are  zero
     5  emissions;
     6    (g)  The  number  of  electric vehicle charging stations installed and
     7  actual usage;
     8    (h) The number of  hydrogen  fueling  stations  installed  and  actual
     9  usage;
    10    (i)   The  number  of  on-site  renewable  energy  generation  systems
    11  installed; and
    12    (j) Any other  information  necessary  to  effectively  implement  and
    13  enforce any rule or regulation promulgated pursuant to this section.
    14    5.  The  department  shall impose an annual registration fee for ware-
    15  house operators, and institute additional fees for  warehouse  operators
    16  that fail to submit an approved plan pursuant to subdivision two of this
    17  section  or  to otherwise comply with any rule or regulation promulgated
    18  pursuant to this section. Such fees shall be determined by  the  commis-
    19  sioner.
    20  § 74-0105. Zero emissions zones study.
    21    Within  twelve  months  of  the  effective  date  of this section, the
    22  department shall complete a study on the feasibility, benefits and costs
    23  of implementing low- and zero-emissions designated zones for medium- and
    24  heavy-duty vehicles within the state that  are  designed  to  lower  air
    25  pollution,  congestion,  greenhouse  gas  emissions,  and  noise, and to
    26  increase safety. The study shall include recommendations for implementa-
    27  tion of low- and zero-emissions zones at the state and local  level  and
    28  shall be made available to the public and posted on a publicly available
    29  web site. In conducting the study, the department shall consider:
    30    1. Creation of zones restricting deliveries to zero-emissions delivery
    31  vehicles only;
    32    2.  Creation  of  zones  requiring  delivery  vehicles to meet certain
    33  stringent emissions standards;
    34    3. Creation of zones requiring a  fee  for  entry  for  diesel-powered
    35  medium- and heavy-duty vehicles;
    36    4.  Prioritization  of  low- and zero-emissions zones within disadvan-
    37  taged communities identified under article seventy-five of this chapter;
    38  nonattainment zones under the national ambient air quality standards set
    39  by the federal environmental protection  agency;  and  other  vulnerable
    40  areas  including  areas  proximate  to  schools, hospitals, and environ-
    41  mentally sensitive locations;
    42    5. Incentives and enforceable measures  for  low-  and  zero-emissions
    43  zones, including fees;
    44    6. Measures to ensure reinvestment of any revenues from fees in public
    45  transit and zero-emissions transportation infrastructure;
    46    7.  Equity  considerations, including preventing unintended regressive
    47  cost impacts for low- and moderate-income New Yorkers; and
    48    8. Barriers to implementing low- and zero-emissions zones in the state
    49  and recommendations for overcoming such barriers.
    50    § 2. This act shall take effect immediately.
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