BILL NUMBER: S1317
SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:
An act to amend a chapter of the laws of 2022 amending the environmental
conservation law relating to the location of environmental facilities,
as proposed in legislative bills numbers S. 8830 and A. 2103-D, in
relation to the legislative intent of such chapter, and in relation to
the effectiveness thereof; and to amend the environmental conservation
law, in relation to disproportionate impacts of environmental facility
siting on disadvantaged communities; and relating to the scope of
certain provisions of the environmental conservation law and the author-
ity of the commissioner of environmental conservation thereunder
 
PURPOSE OR GENERAL IDEA OF BILL:
This is a chapter amendment that makes changes to provisions of chapter
840 of the laws of 2022 to refine the regulatory structure laid out in
that chapter, and to provide more time for implementation.
 
SUMMARY OF PROVISIONS:
Section 1 updates the legislative intent.
Section 2, 3, 4, 5, and 6 remove the concept of "minor project" and
makes other changes for the sake of regulatory expediency and clarifying
expectations for the regulated community.
Section 7:
a. Clarifies the permits affected by the legislation,
b. Restructures the requirements for when existing burden reports are
required,
c. Establishes new standards for when permits must be rejected based on
permit type and degree of effect on the pollution burden in disadvan-
taged communities,
d. Requires DEC to impose reasonable permit conditions and facilities to
ensure such facilities take efforts to reduce their contributions to
pollution burden, and
e. Reorganizes the requirements for existing burden reports and makes
limited updates to such requirements.
Sections 8, 9, and 10 make technical corrections and require DEC to
promulgate rules and regulations.
Section 11 extends the effective date by two years.
 
JUSTIFICATION:
This legislation is a negotiated change to the underlying chapter to
alter certain regulatory requirements and clarify the treatment of
different types of permits and projects for the sake of clarifying regu-
latory expectations for the regulated community and ensuring that it has
greater certainty with respect to new projects, permit modifications,
and permit renewals. It also provides additional time for implementa-
tion.
 
PRIOR LEGISLATIVE HISTORY:
Chapter amendment to Chapter 840 of the Laws of 2022. Both S.8830 and
A2103D passed the Senate and Assembly, respectively, in April 2022.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
Two years after becoming law.

Statutes affected:
S1317: 8-0105 environmental conservation law