Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones

Section 1 of the bill adds a new section 3-0308 to the Environmental Conservation Law requiring DEC to publish a list of "high local environmental impact zones", which are defined as those areas of the State which are most adversely impacted by existing environmental hazards. The analysis of environmental burdens experienced in various areas will be based on the best information available (i.e., at the level of census tract, census block group or nine-digit zip code) to allow more precise targeting of high local impact zones wherever practicable. The biennial list will include zones that exist in whole or part in at least 5% of the zip codes in the state. In compiling this list, DEC must consider numerous potentially adverse environmental impacts within each zip code or area, including:

* releases of toxic chemicals and petroleum discharges;

* emissions, discharges and stored waste authorized by permit;

* the amount of pesticides sold and used;

* the number of bodies of water determined by DEC to be impaired;

* the presence of inactive hazardous waste disposal sites; and

* whether the area has been designated as non-attainment for one or more pollutants pursuant to the federal Clean Air Act.

DEC is required to publish the listing every two years, together with a report identifying the factors considered and how those factors were weighed in compiling the list.

Existing law

There is no current statutory requirement for the identification of areas that are most adversely impacted by existing environmental hazards. Nevertheless, most of the information that DEC is required to consider in compiling the list of "high local environmental impact zones" under this bill is already available to DEC pursuant to existing provisions of state and federal law.

Justification

The siting of projects with potential adverse environmental impacts is a complex and difficult process. Local residents are never in favor of having such projects located in their communities, and thus government decision makers must undertake a difficult balancing of competing interests in order to select the most appropriate location

for the project. Historically, geographical areas with existing environmental hazards have frequently been selected for the placement of new projects, presumably due to the belief that the "incremental" adverse impact would be less in such an area than in a "pristine" area with no existing environmental problems.

Unfortunately, this process can lead to a concentration of environmental hazards within a small geographical area, and a concomitant increased risk to residents of those areas. Residents of communities with a high presence of environmental pollution are frequently disproportionately afflicted with associated health problems, and there is widespread recognition that such communities are disproportionately populated by persons of low income and/or persons of color.

This bill seeks to address this problem by requiring DEC to identify "high local environmental impact zones", which are defined as those areas of the State that are most adversely impacted by existing environmental hazards.

The need for consideration of such cumulative impacts has been recognized at the federal level, where the EPA has established a principle of "fair treatment" in environmental decision-making, as mandated by President Clinton's 1994 Executive Order on Environmental Justice. This bill will help to ensure that New York State similarly recognizes the existence of such overburdened communities, and that future siting decisions are made only after considering the potential adverse impacts on these communities.

Legislative history

This legislation was submitted during the 2001-02 legislative session (Attorney General Program bill 20-01). As A.7862-A, it passed the Assembly in 2003 and 2004, and was referred in each year to the Senate Environmental Conservation Committee. 2009/10: Passed Senate and Assembly - Vetoed by the Governor. 2011/12: S2703

Fiscal implications

The Department of Environmental Conservation may require some minor additional resources to implement the requirements of this bill.

Effective date

The bill would take effect immediately, and the first report would be published within two years of such effective date.