Bill Text: NY S02127 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed) 2024-06-05 - referred to environmental conservation [S02127 Detail]
Download: New_York-2023-S02127-Introduced.html
Bill Title: Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed) 2024-06-05 - referred to environmental conservation [S02127 Detail]
Download: New_York-2023-S02127-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2127 2023-2024 Regular Sessions IN SENATE January 18, 2023 ___________ Introduced by Sen. GIANARIS -- 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 establishing an indirect source review for certain warehouse oper- ations 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04869-01-3S. 2127 2 1 2. "Qualifying warehouse" means any heavy distribution warehouse that 2 is fifty thousand square feet or greater. 3 3. "Warehouse operator" means any entity that conducts day-to-day 4 operations at a heavy distribution warehouse, including operations 5 conducted through the use of third-party contractors. 6 § 74-0103. Indirect source review. 7 1. No later than twelve months after the effective date of this 8 section, the department shall promulgate rules and regulations providing 9 for the facility-by-facility review of qualifying warehouses and 10 adoption of measures to reduce air pollution associated with emissions 11 related to qualifying warehouse operations, including mobile source 12 emissions. 13 2. In crafting such rules and regulations, the department shall 14 consider measures including but not limited to requiring all warehouse 15 operators to implement an air emissions reduction and mitigation plan 16 developed or approved by the department; creating a points system under 17 which warehouse operators must gain a certain number of points, based on 18 the amount of truck traffic that results from their operations, through 19 mitigation measures such as acquiring and using zero-emissions vehicles, 20 installing and using on-site electric vehicle charging equipment, using 21 alternatives to truck or van trips for incoming or outgoing trips, 22 and/or installing solar electric power generation and battery storage 23 systems; and requiring enhanced mitigation measures for warehouses 24 located near sensitive receptors including but not limited to schools, 25 daycares, playgrounds, parks, hospitals, senior centers or nursing homes 26 and disadvantaged communities as defined by section 75-0101 of this 27 chapter. 28 3. (a) The department shall require any proposed new development or 29 major modification of a qualifying warehouse to first obtain a permit 30 demonstrating that any additional traffic resulting from its 31 construction and operation will not result in a violation of national 32 ambient air quality standards established by the federal environmental 33 protection agency or, if a violation already exists, will not exacerbate 34 such violation. 35 (b) The department shall require applicants to submit information 36 necessary to make such a determination pursuant to paragraph (a) of this 37 subdivision, including but not limited to, projected average number of 38 daily truck trips and primary routes to the facility, a study of poten- 39 tial traffic and congestion impacts, identification of all sensitive 40 receptors, including but not limited to, schools, daycares, playgrounds, 41 parks, hospitals, senior centers or nursing homes near the proposed 42 warehouse or near the primary truck routes, and an initial emissions 43 reduction and mitigation plan as provided for in subdivision two of this 44 section. 45 4. The department shall establish ongoing monitoring and reporting 46 requirements for warehouse operators. All reports shall be made accessi- 47 ble to the public and posted on a publicly available website. Reporting 48 requirements shall include, but not be limited to, annual reporting of: 49 (a) The average daily number of inbound and outbound vehicle trips by 50 vehicle weight and class, and by time of day and day of the week; 51 (b) The average daily vehicle miles traveled for all vehicles making 52 inbound and outbound trips to and from the qualifying warehouse; 53 (c) The average daily vehicle miles traveled and number of inbound and 54 outbound trips for alternative modes of freight such as cargo bicycles, 55 waterborne transport and drones; 56 (d) A heat map of the frequency data for trip destinations;S. 2127 3 1 (e) The number of jobs at the facility, including drivers and others 2 employed by third-party contractors, with a breakdown of percentage of 3 part-time and full-time employees, independent contractors, unionized 4 and non-union employees; 5 (f) The percentage of vehicles used, specifying on-road vehicles and 6 off-road vehicles as well as weight and vehicle class, that are zero 7 emissions; 8 (g) The number of electric vehicle charging stations installed and 9 actual usage; 10 (h) The number of hydrogen fueling stations installed and actual 11 usage; 12 (i) The number of on-site renewable energy generation systems 13 installed; and 14 (j) Any other information necessary to effectively implement and 15 enforce any rule or regulation promulgated pursuant to this section. 16 5. The department shall impose an annual registration fee for ware- 17 house operators, and institute additional fees for warehouse operators 18 that fail to submit an approved plan pursuant to subdivision two of this 19 section or to otherwise comply with any rule or regulation promulgated 20 pursuant to this section. Such fees shall be determined by the commis- 21 sioner. 22 § 74-0105. Zero emissions zones study. 23 Within twelve months of the effective date of this section, the 24 department shall complete a study on the feasibility, benefits and costs 25 of implementing low- and zero-emissions designated zones for medium- and 26 heavy-duty vehicles within the state that are designed to lower air 27 pollution, congestion, greenhouse gas emissions, and noise, and to 28 increase safety. The study shall include recommendations for implementa- 29 tion of low- and zero-emissions zones at the state and local level and 30 shall be made available to the public and posted on a publicly available 31 web site. In conducting the study, the department shall consider: 32 1. Creation of zones restricting deliveries to zero-emissions delivery 33 vehicles only; 34 2. Creation of zones requiring delivery vehicles to meet certain 35 stringent emissions standards; 36 3. Creation of zones requiring a fee for entry for diesel-powered 37 medium- and heavy-duty vehicles; 38 4. Prioritization of low- and zero-emissions zones within disadvan- 39 taged communities identified under article seventy-five of this chapter; 40 nonattainment zones under the national ambient air quality standards set 41 by the federal environmental protection agency; and other vulnerable 42 areas including areas proximate to schools, hospitals, and environ- 43 mentally sensitive locations; 44 5. Incentives and enforceable measures for low- and zero-emissions 45 zones, including fees; 46 6. Measures to ensure reinvestment of any revenues from fees in public 47 transit and zero-emissions transportation infrastructure; 48 7. Equity considerations, including preventing unintended regressive 49 cost impacts for low- and moderate-income New Yorkers; and 50 8. Barriers to implementing low- and zero-emissions zones in the state 51 and recommendations for overcoming such barriers. 52 § 2. This act shall take effect immediately.
