NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6530A
SPONSOR: Barnwell TITLE OF BILL:
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
PURPOSE:
To provide more accountability to community residents who will be
impacted by major projects that may impact their health/well being.
SUMMARY OF PROVISIONS:
Section 1: Declaration of legislative findings and intent. Subdivision
58-101: Adds definitions related to environmental justice communities
and major projects. Subdivision 58-103: Adds provisions related to the
Enhanced public participation plan. Subdivision 58-105: Adds provisions
related to environmental assessment Subdivision 58-109: Adds provisions
related to addressing concerns raised by the environmental justice
community. Subdivision 58-111: Adds prohibitions Section 2: Adds immedi-
ate effective date.
Amendment: Changes bill language to cover "disadvantaged community" and
defines such.
JUSTIFICATION:
Environmental Justice Areas (EJAs) are disproportionately affected by
environmental pollution and residents of EJAs tend to face significant
health problems. As such, large-scale projects that are built and devel-
oped in EJAs are subject to more stringent community participation
guidelines in New York State. These guidelines, known as Commissioner
Policy 29 (CP-29), are among the strongest regulations on community
input in EJAs in the United States. CP-29 recognizes that minority
and/or low-income communities, often EJAs, have been excluded from
participating in the permit process for large-scale energy projects in
their own neighborhoods that directly affect their health. In order to
clarify and fortify public participation in EJAs for major projects,
this bill adds many aspects of CP-29 to environmental conservation law
and strengthens certain provisions. This bill includes reforms to the
enhanced public participation plan, such as the requirement that such a
plan list sensitive receptors in the environmental justice community,
including hospitals, schools, elder care facilities, day care facili-
ties, parks, and other sensitive areas identified by the community.
Other reforms include requiring at least three public information meet-
ings, attended by a DEC representative to answer questions from the
public. Such public information meetings shall provide members of the
community an opportunity to make statements, raise issues, and ask ques-
tions.
Upon completion of the enhanced public participation plan, the applicant
shall submit written certification to the department and include how the
applicant has addressed issues raised by the environmental justice
community. In the interest of public safety and environmental justice,
this legislation ensures that only large-scale environmental projects
that have followed the DEC's guidelines regarding community partic-
ipation may move forward.
LEGISLATIVE HISTORY:
2021-2022: A6530 - referred to environmental conservation
FISCAL IMPACT:
None
EFFECTIVE DATE:
This act shall take effect immediately
