N.Y. Environmental Conservation Law § 70-0118: Disproportionate impacts on disadvantaged communities

§ 70-0118. Disproportionate impacts on disadvantaged communities.

1. For the purposes of this section:

(a) "Disadvantaged communities" shall have the same meaning as

subdivision five of section 75-0101 of this chapter.

(b) "Applicable permit" shall mean a permit, excluding a general

permit, applied for pursuant to:

(i) title fifteen of article fifteen of this chapter for a facility

withdrawing and using over twenty million gallons per day of water for

cooling purposes;

(ii) article seventeen of this chapter;

(iii) article nineteen of this chapter;

(iv) title seventeen of article twenty-three of this chapter; or

(v) title three, title seven, title nine or title eleven of article

twenty-seven of this chapter.

2. (a) When a new project subject to an applicable permit may cause or

contribute more than a de minimis amount of pollution to any

disproportionate pollution burden on a disadvantaged community, the

department shall require the applicant to prepare or cause to be

prepared an existing burden report.

(b) In the case of an application for renewal or modification of an

applicable permit not subject to the provisions of paragraph (a) of this

subdivision which may cause or contribute more than a de minimis amount

of pollution to any disproportionate pollution burden on a disadvantaged

community the department shall require the applicant to prepare or cause

to be prepared an existing burden report; provided, however that the

department may elect not to require such existing burden report if the

permit would serve an essential environmental, health, or safety need of

the disadvantaged community for which there is no reasonable

alternative.

(c) Notwithstanding the requirements of paragraphs (a) or (b) of this

subdivision, no existing burden report shall be required for an

application for a renewal of a permit if an existing burden report has

been prepared with respect to such permit within the previous ten years.

3. (a) When considering an application for an applicable permit, the

department shall consider the existing burden report, if any, and an

administrative record that includes, but is not limited to, comments

received from the public in the disadvantaged community.

(b) The department shall not issue an applicable permit for a new

project if it determines that the project will cause or contribute more

than a de minimis amount of pollution to a disproportionate pollution

burden on the disadvantaged community.

(c) In the case of an application for a modification of an applicable

permit, the department shall not issue an applicable permit if it

determines that the issuance of the permit would significantly increase

the existing disproportionate pollution burden on the disadvantaged

community.

(d) In the case of an application for renewal of an applicable permit,

the department shall not issue an applicable permit if it determines

that the project would significantly increase the existing

disproportionate pollution burden on the disadvantaged community.

4. The department shall require actions to implement any appropriate

operational changes which would reduce the pollution burden on the

disadvantaged community as a condition of an applicable permit, only if

such actions are reasonable and practicable, as determined by the

department.

5. The department, in consultation with the department of health,

shall develop the scope of the existing burden report and may adapt such

requirements based on whether a permit application is for a new project,

modification, or a renewal of a permit. The department shall provide for

at least a thirty-day public comment period prior to finalizing the

scope of the report. The report shall provide for an assessment of the

following information:

(a) relevant baseline data on existing burdens, including from

relevant criteria used to designate the particular disadvantaged

communities pursuant to subdivision one of section 75-0111 of this

chapter;

(b) the environmental or public health stressors already borne by the

disadvantaged community as a result of existing conditions located in or

affecting the disadvantaged community;

(c) the potential or projected contribution of the proposed action to

existing pollution burdens in the community; and

(d) existing and potential benefits of the project to the community

including increased housing supply, or alleviation of existing pollution

burdens that may be provided by the project, including operational

changes to the project that would reduce the pollution burden on the

disadvantaged community.