Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3575
SPONSOR: Mitaynes TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing an indirect source review for certain warehouse operations
PURPOSE:
The purpose of this legislation is to establish an indirect source rule
to regulate air quality and emissions from vehicles associated with the
operations of certain heavy distribution warehouse facilities, to expe-
dite attainment of federal air quality standards and to ensure compli-
ance with state mandates under the Climate Leadership and Community
Protection Act.
SUMMARY OF PROVISIONS:
Section one of the bill defines key terms and amends Title 3 of Article
19 of the environmental conservation law by adding a new § 19-0333 to
require that the Department of Environmental Conservation promulgate
rules providing for the facility-by-facility review of certain ware-
houses, require that any proposed new development or major modification
of a qualifying warehouse to first obtain a permit demonstrating that
associated construction and operation will not result in or exacerbate a
violation of Federal National Ambient Air Quality Standards ("NAAQS"),
specify ongoing monitoring and reporting requirements for qualifying
warehouse operators, require a study be completed on the feasibility,
benefits and costs of implementing low- and zero-emissions designated
zones within the state, and allow a city with a population of one
million or more to establish and implement an indirect source rule
approved by the Department of Environmental Conservation that is at
least as stringent as the state rule.
Section two of the bill sets the effective date.
JUSTIFICATION:
Across the United States, e-commerce sales have skyrocketed since the
start of the COVID-19 pandemic - both in terms of absolute volume and as
a proportion of total retail sales. E- commerce sales in the 3rd Quarter
of 2020 grew by 36.1% year-over-year, and have only continued to grow
rapidly every quarter since (US Census Bureau - Quarterly Retail E-Com-
merce Sales report).
Such a rapid explosion of e-commerce has not gone without consequence,
particularly in working-class communities of color. This industry
remains largely unregulated, as these giant facilities currently require
no public review process or environmental review and can be developed
"as-of-right" in industrially zoned areas. More often than not, develop-
ers site these facilities in low-income communities of color, where the
cheapest and largest industrial space is available. Without regulatory
intervention, Environmental Justice ("EJ") communities are expected to
continue to bear the brunt of increased e-commerce consumption for the
foreseeable future.
In Red Hook, Brooklyn - home to upwards of 6,000 New York City Housing
Authority residents five such facilities totaling 2 million sq ft are
expected to come online over a period of one year, with no public
notice, input, or environmental review. These facilities are expected to
bring a range of health and environmental hazards including traffic,
congestion, road safety, pollution and emissions impacts - to a front-
line Environmental Justice community that has already had to weather
extreme flooding, extreme weather and infrastructure degradation - some
of the worst effects of climate change.
New York State committed to dramatic emissions reductions in.the 2019
Climate Leadership and Community Protection Act(CLCPA), requiring a
reduction in the 1990 levels of greenhouse gas emissions of 40 percent
by the year 2030 and of 85 percent by the year 2050. The CLCPA also
committed to ensuring that disadvantaged communities receive no less
than 35 percent of benefits from the state's climate programs. However,
the proliferation of e-commerce facilities will both increase emissions
and further concentrate negative environmental impacts in EJ communi-
ties, threatening the intended progress of the CLCPA.
In addition, nine counties in New York are part of a multi-state area
that is currently In nonattainment for ozone. As a result, New York must
come into compliance with federal ozone standards as expeditiously as
practicable, and transportation is responsible for a significant portion
of New York's ozone pollution. New York State has the authority to adopt
an Indirect Source Rule (ISR). An "Indirect source" is a facility,
building, structure, installation, real property, road, or highway that
attracts, or may attract, mobile sources of pollution, such as last-mile
or other high-traffic warehouses. While the Clean Air Act generally
preempts states' ability to directly regulate motor vehicle emissions,
an ISR is a tool that New York can use to reduce vehicle emissions asso-
dated with facilities or uses that are particularly vehicle intensive.
New York Department of Conservation (NYSDEC) has not recently exercised
this authority in its air quality plans.
The rapid proliferation of vehicle-intensive e-commerce, in addition to
New York State's ongoing noncompliance with federal air quality stand-
ards, suggests that an ISR for warehouses and other indirect sources is
necessary to improve air quality and protect public health, particularly
in EJ communities.
LEGISLATIVE HISTORY:
2024: S2127-C (Gianaris) PASSED SENATE / A1718-C (Mitaynes) died in
environmental
2023: S2127-A (Gianaris) died in Environmental / A1718-A (Mitaynes) died
in environmental
2022: A9799 (Mitaynes) died in environmental conservation
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become a
law.
