What's happening
This bill requires environmental justice considerations and community involvement in the siting of major utility transmission facilities in New York.
Why it matters
Mandates detailed analysis of environmental impacts on environmental justice areas. , requiring applicants for major utility transmission projects to specifically evaluate and disclose whether their projects would have disproportionate, adverse effects on communities already burdened by environmental harms.
Requires verifiable measures to avoid, offset, or minimize negative impacts. if a project is found to significantly harm an environmental justice area, ensuring that affected communities are not left to bear additional pollution or health risks without mitigation.
Guarantees meaningful public involvement from all affected citizens. , regardless of age, race, color, national origin, or income, in the decision-making process for siting these facilities, aiming to promote equity and transparency.
Delays acceptance of new applications until robust environmental justice rules are in place. , ensuring that no new major utility transmission projects proceed without comprehensive standards and procedures for assessing and addressing environmental justice concerns.
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Who cares
Headline styles
Prioritize Environmental Justice Siting
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3073
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law, in relation to incorporating environmental justice considerations into major utility transmission facility siting
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 122 of the public service law, as added by chapter 272 of the laws of 1970, is amended to read as follows:
1. An applicant for a certificate shall file with the commission an application, in such form as the commission may prescribe, containing the following information: (a) the location of the site or right-of-way; (b) a description of the transmission facility to be built thereon; (c) a summary of any studies which have been made of the environmental impact of the project, and a description of such studies; (d) a statement explaining the need for the facility; (e) a description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits and detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; (f) in accordance with rules and regulations promulgated pursuant to section one hundred thirty-one of this article, an evaluation of any significant and adverse disproportionate environmental impacts resulting from construction and operation of the proposed facility on any environmental justice area, including any studies identifying the author and dates thereof, which were used in the evaluation; and [(f)] (g) such other information as the applicant may consider relevant or the commission may by regulation require. Copies of all the studies referred to in paragraphs (c) [above] and (f) of this subdivision shall be filed with the commission and shall be available for public inspection.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06602-01-7
S. 3073 2
§ 2. Subdivision 1 of section 126 of the public service law is amended by adding a new paragraph (i) to read as follows:
(i) if the commission finds that the facility results in or contributes to a significant and adverse disproportionate environmental impact in a community in which an environmental justice area is located, the applicant will avoid, offset or minimize the impacts caused by the facility upon the local community for the duration that the certificate is issued to the maximum extent practicable using verifiable measures.
§ 3. Paragraph (d) of subdivision 2 of section 128 of the public service law, as added by chapter 272 of the laws of 1970, is amended and a new paragraph (f) is added to read as follows:
(d) made in accordance with procedures set forth in this article or established by rule or regulation of the commission, or by the department of environmental conservation pursuant to section one hundred thirty-one of this article.
(f) made pursuant to a process that afforded meaningful involvement of citizens affected by the facility regardless of age, race, color, national origin or income.
§ 4. The public service law is amended by adding a new section 131 to read as follows:
§ 131. Analysis of environmental justice issues. 1. The evaluation of significant and adverse disproportionate environmental impacts of the proposed facility on any environmental justice area pursuant to paragraph (f) of subdivision one of section one hundred twenty-two of this article shall be conducted in accordance with rules and regulations promulgated by the department of environmental conservation for the analysis of environmental justice issues.
2. Such rules and regulations shall include the definition of "environmental justice area" promulgated by the department pursuant to section one hundred sixty-four of this chapter and shall, at a minimum, require a comprehensive demographic, economic and physical description of any environmental justice area which will be significantly and adversely impacted by construction and operation of the facility, compared and contrasted with the county in which the facility is proposed and with adjacent communities within such county, including reasonably available data on population, racial and ethnic characteristics, income levels, open space, and public health data, including available department of health data on incidence of asthma and cancer. The department may make appropriate distinctions in such rules and regulations for different types of transmission facilities.
§ 5. On and after the three hundred sixty-sixth day after this act shall have become a law, the public service commission shall not accept any application for a certificate pursuant to section 122 of the public service law until the department of environmental conservation has promulgated rules and regulations required by section 131 of such law.
§ 6. This act shall take effect immediately; provided that nothing in this act shall be construed to limit any administrative authority, with respect to matters included in this act, which authority existed prior to the effective date of this act. Within twelve months of the effective date of this act, all rules and regulations required pursuant to this act shall be adopted.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to incorporating environmental justice considerations into major utility transmission facility siting
Purpose or general idea of bill
This bill would require that the siting process for major utility transmission facilities must include consideration of environmental justice issues, as is required under the new Article X power plant siting law,
Summary of specific provisions
Bill § 1 amends § 122 of the Public Service Law (PSL) to require an application for a certificate of environmental compatibility and public need to include an evaluation of any significant and adverse disproportionate environmental impacts of the proposed facility on any environmental justice area. Such evaluation shall be conducted in accordance with rules and regulations promulgated pursuant to new PSL § 131 and shall identify and include any studies relied upon. Bill § 2 amends PSL § 126 to provide that, if the Public Service Commission (PSC) finds that the facility results in or contributes to a significant and adverse is proportionate environmental impact in a community in which an environmental justice area is located, the applicant will avoid, offset or minimize the impacts caused by the facility upon the local community for the duration that the certificate is issued to the maximum extent practicable using verifiable measures. Bill § 3 amends PSL § 128 to provide that the grounds for judicial review shall include whether the PSC order and opinion was made in accordance with procedures established in the DEC rules and regulations promulgated pursuant to § 1.31, and was made pursuant to a process that afforded meaningful involvement of citizens affected by the facility regardless of age, race, color, national origin or income. Bill § 4 adds a new PSL § 131 requiring the Department of Environmental Conservation (DEC) to promulgate rules and regulations guiding the evaluation of environmental justice impacts of proposed transmission facilities. Such rules and regulations shall include the definition of "environmental justice area" promulgated by DEC pursuant to PSL § 164 and shall at a minimum, require a comprehensive demographic, economic and physical description of any such area which will be significantly and adversely impacted by construction and operation of the facility, compared and contrasted with the county in which the facility is proposed and with adjacent communities within such county. The evaluation shall include reasonably available data on population, racial and ethnic characteristics, income levels, open space, and Public health data, including Health Department data on incidence of asthma and cancer. DEC may make appropriate distinctions in such rules and regulations for different types of transmission facilities. Bill § 5 provides that on and after the 366th day after the bill becomes law, the PSC shall not accept any application for a certificate pursuant to PSL § 122 until DEC has promulgated the rules and regulations required by § 131.
Read the full memo (973 words)
Justification
The Legislature and Governor recently enacted new legislation to streamline power plant siting (PSL Article X, added by Chapter 388 of the Laws of 2011). One key component of this legislation was the addition of explicit requirements for the analysis of environmental justice issues associated with the siting of such facilities. It was important to include consideration of environmental justice issues because the new power plant siting process replaced the review of such facilities under the State Environmental Quality Review Act (SEQRA), including specific consideration of environmental justice under DEC's Commissioner Policy 29 ("Environmental Justice and Permitting"). Environmental justice is defined as the fair treatment and meaningful involvement of ail people regardless of race, color, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences of such policies. Meaningful impact means that people have an opportunity to participate in and impact a regulatory agency's decisions, and require the decision makers to seek out and facilitate the involvement of those potentially affected. Historically, previous versions of the power plant siting law (variously, PSL Article VIII or X) did not have an explicit environmental justice component, but the Governor and Legislature felt that the addition of such provisions was necessary to reduce disproportionate environmental impacts in overburdened communities. The original power plant siting laws were based on the process for transmission facility siting in PSL Article VII, which also exempts applicants from compliance with SEQRA. However, the need for consideration of environmental justice issues is no less compelling in siting major energy transmission facilities than it is for power plants or other facilities which require DEC permits. This bill would apply the model for analysis of environmental justice issues adopted in the new Article X to future applications under Article VII. Such analyses will be governed by DEC regulations, which will be similar to those the agency is currently promulgating for reviews under Article X. As with Chapter 388, this bill provides that such regulations must be adopted and applied to Article VII applications 12 months after its effective date. Enactment of this b ill will also fulfill the commitments made in the 2009 State Energy Plan that "future energy-related decisions made by state agencies and authorities must consider the environmental and health impacts agency actions will have on environmental justice communities."
Prior legislative history
2015-2016: S.1733 - Referred to Energy and Telecom 2013-2014: S.5417/A.2521 - Died in Energy& Telecom / Died in Energy 2012: A.10604
Fiscal implications for state and local governments
None.
Effective date
Immediately; provided that nothing in the bill shall be construed to limit any administrative authority, with respect to matters included in this act, which authority existed prior to such effective date. Within 12 months of the effective date, all rules and regulations are required to be adopted.
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