Bill Text: NY S02510 | 2023-2024 | General Assembly | Amended
Bill Title: Requires applicants for major projects located near a disadvantaged community to submit an enhanced public participation plan.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed) 2024-03-21 - referred to environmental conservation [S02510 Detail]
Download: New_York-2023-S02510-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2510--A Cal. No. 312 2023-2024 Regular Sessions IN SENATE January 23, 2023 ___________ Introduced by Sens. RAMOS, BRISPORT, BROUK, CLEARE, HOYLMAN-SIGAL, LIU, MAY, PARKER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the environmental conservation law, in relation to requiring applicants for major projects located near disadvantaged communities to submit an enhanced public participation plan 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 59 to read as follows: 3 ARTICLE 59 4 ENHANCED PUBLIC PARTICIPATION IN DISADVANTAGED COMMUNITIES 5 Section 59-0101. Declaration of legislative findings and intent. 6 59-0103. Definitions. 7 59-0105. Enhanced public participation plan. 8 59-0107. Environmental assessment. 9 59-0109. Applicant certification. 10 59-0111. Prohibitions. 11 § 59-0101. Declaration of legislative findings and intent. 12 1. The legislature finds and declares that it is the policy of the 13 state of New York to promote environmental justice and incorporate meas- 14 ures for achieving environmental justice into the state's programs, 15 policies, regulations, legislative proposals and activities. The legis- 16 lature further finds and declares that economically distressed and 17 minority communities in the state have long borne a disproportionate and 18 inequitable pollution burden, caused by historic siting of sources of 19 pollution in those communities. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06077-04-3S. 2510--A 2 1 2. Many economically distressed and minority communities in the state 2 suffer from elevated rates of respiratory illnesses, including asthma, 3 bronchitis, and emphysema, and other adverse health effects associated 4 with the long-term and chronic exposure to multiple sources of pollution 5 resulting from the disproportionate and inequitable siting of pollution 6 sources in those communities. 7 3. The intersection of high asthma rates, environmental pollution, and 8 disadvantaged communities is prevalent in New York City's "Asthma 9 Alley," which comprises parts of Queens, the Bronx, and Brooklyn. In 10 Astoria, Queens, two generating stations provide nearly half of New York 11 City's electricity. This area experiences asthma rates greater than the 12 borough average. 13 4. The disproportionate and inequitable siting of pollution sources in 14 economically distressed and minority communities is in large part the 15 result of inadequate notice to those communities of the proposed siting 16 of those sources and inadequate opportunities for community input and 17 participation during the environmental permit process. 18 5. The legislature hereby finds it in the interest of public health 19 and safety to require major projects located in or adjacent to disadvan- 20 taged communities to undergo review and to comply with enhanced notice 21 and public participation requirements. The legislature further finds 22 that enhanced notice and public participation requirements for disadvan- 23 taged communities are consistent with the purposes, intent and require- 24 ments of the climate leadership and community protection act. It is the 25 intent of the legislature that economically distressed and minority 26 communities be provided with enhanced notice of proposed projects and 27 enhanced opportunities for input and participation during the environ- 28 mental permit process so that those communities have a greater voice in 29 the siting of new or expanded sources of pollution. 30 § 59-0103. Definitions. 31 1. "Adjacent to" shall mean within a radius of one mile from the prop- 32 erty. 33 2. "Disadvantaged community" shall have the same meaning as in subdi- 34 vision five of section 75-0101 of this chapter. 35 3. "Major project" shall mean a project which is not a minor project 36 as defined in subdivision three of section 70-0105 of this chapter. 37 § 59-0105. Enhanced public participation plan. 38 1. The applicant for a major project located in or adjacent to an a 39 disadvantaged community shall, as part of its application to the depart- 40 ment for a permit or approval in accordance with article seventy of this 41 chapter, submit a written enhanced public participation plan to the 42 department for review and approval. The department shall provide for a 43 public comment period on the enhanced public participation plan of not 44 less than sixty days. The department may, after conclusion of the public 45 comment period, require the applicant to revise the enhanced public 46 participation plan to address issues raised during the public comment 47 period or to ensure that the plan complies with the requirements of this 48 section. 49 2. The enhanced public participation plan shall, at a minimum, include 50 the following: 51 (a) A description of the proposed project, including potential envi- 52 ronmental impacts of the proposed project and whether the project may 53 cause or increase a disproportionate pollution burden on the disadvan- 54 taged community;S. 2510--A 3 1 (b) A description of the disadvantaged community in which the proposed 2 project is located or which is located adjacent to the proposed project, 3 including a map or maps of the project and disadvantaged community; 4 (c) The location of sensitive receptors in the disadvantaged communi- 5 ty, including hospitals, schools, elder care facilities, day care facil- 6 ities, parks, and other sensitive areas identified by the community, 7 including a map showing the location of such receptors; 8 (d) A list, developed in consultation with the disadvantaged communi- 9 ty, of representative stakeholders in the community, including but not 10 limited to residents, local elected officials, and community-based 11 organizations; 12 (e) A description of the manner in which public notices and other 13 written information about the proposed project will be posted and 14 distributed in the community and updated on a regular basis and in a 15 timely manner; 16 (f) A schedule for holding public meetings in the disadvantaged commu- 17 nity for the purpose of providing information about the proposed project 18 including what major project decisions will be made and when, answering 19 questions about the project, receiving input from the community about 20 the project, and describing how such input will be incorporated into 21 project design, development, and implementation; 22 (g) The location in the disadvantaged community of easily accessible 23 document repositories where written information about the project will 24 be made available, and establishment of a document website where such 25 information will be posted; 26 (h) An implementation schedule for all measures set forth in the plan; 27 and 28 (i) Provision for submission by the applicant of quarterly progress 29 reports to the department and the disadvantaged community concerning 30 implementation of the plan. 31 3. Written information provided to the disadvantaged community 32 concerning the proposed project shall be presented in an easy-to-read, 33 understandable format using plain language, and upon request shall be 34 translated into the twelve most common non-English languages spoken by 35 limited-English proficient individuals in the state, based on the 36 data in the most recent American Community Survey published by the 37 United States Census Bureau, and other commonly spoken languages in 38 the community. 39 4. At least three public information meetings shall be held during the 40 permit review process at times and locations convenient for the stake- 41 holders identified in the enhanced public participation plan, and shall 42 be of sufficient length to allow for meaningful public input. Written 43 notice of public information meetings shall be provided at least two 44 weeks prior to the scheduled date of the meeting to each stakeholder 45 identified in the enhanced public participation plan and shall be 46 conspicuously posted at the document repositories, on the document 47 website, and through other channels widely used by the host community as 48 sources of information, including, but not limited to, print media, 49 broadcast media, social media, libraries, community boards, the offices 50 of elected representatives, and government offices that serve the 51 public. Notices in print, broadcast, and social media shall be made with 52 adequate repetition. 53 5. The first meeting shall be held subsequent to submission by the 54 applicant of the permit application and enhanced public participation 55 plan but prior to the department's issuance of a notice of complete 56 application; the second meeting shall be held after the department'sS. 2510--A 4 1 issuance of a notice of complete application but prior to the depart- 2 ment's final decision on the application; and the third meeting shall be 3 held during the public comment period on the draft environmental impact 4 statement for the project. Representatives of the applicant and the 5 department shall attend each public information meeting. The department 6 may, in consultation with the affected disadvantaged community, require 7 additional public information meetings regardless of whether such addi- 8 tional meetings are included in the enhanced public participation plan. 9 6. Public information meetings shall provide an opportunity for mean- 10 ingful public participation and input by residents of the disadvantaged 11 community and each meeting shall provide an opportunity for members of 12 the community to make statements, raise issues, and ask the applicant 13 and the department questions about the proposed project. Readily under- 14 standable visual information concerning environmental impacts must be 15 presented. After each public information meeting, the department shall 16 consider the statements provided and issues raised by members of the 17 community and may require the applicant to provide additional informa- 18 tion to address issues raised, require revisions to the application, or 19 impose permit conditions necessary to avoid or mitigate adverse project 20 impacts. 21 7. The document repository shall contain copies of: (a) the enhanced 22 public participation plan approved by the department; (b) all written 23 submissions by the applicant to the department; and (c) all written 24 communications between the applicant and the department concerning the 25 proposed project. 26 § 59-0107. Environmental assessment. 27 An applicant for a project subject to the requirements of this article 28 shall submit to the department, as part of its application, a completed 29 full environmental assessment form in compliance with article eight of 30 this chapter. 31 § 59-0109. Applicant certification. 32 1. Upon completion of the enhanced public participation plan, the 33 applicant shall submit written certification to the department that it 34 has complied with the plan, including a final report summarizing issues 35 raised by the disadvantaged community and how those issues were resolved 36 or addressed. The certification shall be signed by the applicant, or the 37 applicant's agent, and submitted to the department prior to a final 38 decision on the application. 39 2. The department shall provide a public comment period of not less 40 than sixty days on the applicant's certification and final report. 41 Following close of the public comment period, the department shall issue 42 a written determination whether the applicant has fully and completely 43 implemented the enhanced public participation plan. 44 § 59-0111. Prohibitions. 45 1. The department shall not issue a notice of complete application for 46 a proposed project subject to the requirements of this article unless 47 the applicant has submitted an enhanced public participation plan and 48 the department has approved the plan. 49 2. The department shall not accept as complete a draft environmental 50 impact statement prepared pursuant to article eight of this chapter for 51 a project subject to the requirements of this article unless the appli- 52 cant has an enhanced public participation plan approved by the depart- 53 ment and has, as of the date of submission of the draft environmental 54 impact statement, complied with the schedule for implementing the plan. 55 3. The department shall not issue a permit or approval for a proposed 56 project subject to the requirements of this article unless the applicantS. 2510--A 5 1 has submitted the certification and final report required by subdivision 2 one of section 59-0109 of this article and the department has issued the 3 written determination required by subdivision two of section 59-0109 of 4 this article. 5 § 2. This act shall take effect on the one hundred eightieth day after 6 it shall have become a law. Effective immediately, the addition, amend- 7 ment and/or repeal of any rule or regulation necessary for the implemen- 8 tation of this act on its effective date are authorized to be made and 9 completed on or before such effective date.
