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A01718 Summary:

COSPNSRCarroll, Forrest, Gallagher, Gonzalez-Rojas, Kelles, Mamdani, Septimo, Simon, Reyes, Epstein, Rozic, Burgos, Meeks, Raga, Anderson
Add Art 74 §§74-0101 - 74-0105, En Con L
Establishes an indirect source review for certain warehouse operations; requires the department of environmental conservation to conduct a study regarding zero emissions zones.
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A01718 Actions:

01/20/2023referred to environmental conservation
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A01718 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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 1 defines key terms and amends Article 74 of the Environmental Conservation Law to require that the Department of Environmental Conser- vation promulgate rules providing for the facility-by-facility review of certain warehouses, require that any proposed new development or major modification of a qualifying warehouse to first obtain a permit demon- strating that associated construction and operation will not result in or exacerbate a violation of Federal National Ambient Air Quality Stand- ards ("NAAQS"), specify ongoing monitoring and reporting requirements for qualifying warehouse operators and requires a study be completed on the feasibility, benefits and costs of implementing low- and zero- emis- sions designated zones within the state.   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-overyear, and have only continued to grow rapidly every quarter since (US Census Bureau - Quarterly Retail E-Commerce 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 has-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 ("Er) 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 or 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 40 percent emissions reductions in absolute terms from 1990 levels by 2030 and 85 percent emissions reductions by 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 prolifer- ation of e-commerce facilities will both increase emission s and further concentrate negative environmental impacts in EJ communities, threaten- ing 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 which 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- ciated 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: A.9799 of 2021-2022 (Mitaynes)   STATE AND LOCAL FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: To be determined.
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A01718 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2023
          ROJAS, KELLES, MAMDANI, SEPTIMO, SIMON -- read once  and  referred  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-

          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.

        A. 1718                             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;

        A. 1718                             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.
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