BILL NUMBER: S4513
SPONSOR: RAMOS
 
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:
 
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 envi-
ronmental assessment
Subdivision 58-109: Adds provisions related to addressing concerns
raised by the environmental justice community.
Subdivision 58-111: Adds prohibitions
Section 2: Sets effective date
 
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 conser-
vation law and strengthens certain provisions. This bill includes
reforms to the enhanced public participation plan, such as the require-
ment that such a plan list sensitive receptors in the environmental
justice community, including hospitals, schools, elder care facilities,
daycare facilities, parks, and other sensitive areas identified by the
community. Other reforms include requiring at least three public infor-
mation meetings, 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 questions.
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:
2023-24: S2510A (Ramos) Passed the Senate / A6584A (Gallagher) Referred
to Environmental Conservation
2021-22: S3211A (Ramos) Passed the Senate / A6530A (Gallagher) Referred
to Environmental Conservation
 
FISCAL IMPACT:
TBD
 
EFFECTIVE DATE:
This act shall take effective immediately