N.Y. ENV Law § 70-0118 — New York Code / Act ENV / Article 70 / Section 70-0118
Disproportionate impacts on disadvantaged communities
Status: in_force

§ 70-0118. Disproportionate impacts on disadvantaged communities.\n  1. For the purposes of this section:\n  (a) "Disadvantaged communities" shall have the same meaning as\nsubdivision five of section 75-0101 of this chapter.\n  (b) "Applicable permit" shall mean a permit, excluding a general\npermit, applied for pursuant to:\n  (i) title fifteen of article fifteen of this chapter for a facility\nwithdrawing and using over twenty million gallons per day of water for\ncooling purposes;\n  (ii) article seventeen of this chapter;\n  (iii) article nineteen of this chapter;\n  (iv) title seventeen of article twenty-three of this chapter; or\n  (v) title three, title seven, title nine or title eleven of article\ntwenty-seven of this chapter.\n  2. (a) When a new project subject to an applicable permit may cause or\ncontribute more than a de minimis amount of pollution to any\ndisproportionate pollution burden on a disadvantaged community, the\ndepartment shall require the applicant to prepare or cause to be\nprepared an existing burden report.\n  (b) In the case of an application for renewal or modification of an\napplicable permit not subject to the provisions of paragraph (a) of this\nsubdivision which may cause or contribute more than a de minimis amount\nof pollution to any disproportionate pollution burden on a disadvantaged\ncommunity the department shall require the applicant to prepare or cause\nto be prepared an existing burden report; provided, however that the\ndepartment may elect not to require such existing burden report if the\npermit would serve an essential environmental, health, or safety need of\nthe disadvantaged community for which there is no reasonable\nalternative.\n  (c) Notwithstanding the requirements of paragraphs (a) or (b) of this\nsubdivision, no existing burden report shall be required for an\napplication for a renewal of a permit if an existing burden report has\nbeen prepared with respect to such permit within the previous ten years.\n  3. (a) When considering an application for an applicable permit, the\ndepartment shall consider the existing burden report, if any, and an\nadministrative record that includes, but is not limited to, comments\nreceived from the public in the disadvantaged community.\n  (b) The department shall not issue an applicable permit for a new\nproject if it determines that the project will cause or contribute more\nthan a de minimis amount of pollution to a disproportionate pollution\nburden on the disadvantaged community.\n  (c) In the case of an application for a modification of an applicable\npermit, the department shall not issue an applicable permit if it\ndetermines that the issuance of the permit would significantly increase\nthe existing disproportionate pollution burden on the disadvantaged\ncommunity.\n  (d) In the case of an application for renewal of an applicable permit,\nthe department shall not issue an applicable permit if it determines\nthat the project would significantly increase the existing\ndisproportionate pollution burden on the disadvantaged community.\n  4. The department shall require actions to implement any appropriate\noperational changes which would reduce the pollution burden on the\ndisadvantaged community as a condition of an applicable permit, only if\nsuch actions are reasonable and practicable, as determined by the\ndepartment.\n  5. The department, in consultation with the department of health,\nshall develop the scope of the existing burden report and may adapt such\nrequirements based on whether a permit application is for a new project,\nmodification, or a renewal of a permit. The department shall provide for\nat least a thirty-day public comment period prior to finalizing the\nscope of the report. The report shall provide for an assessment of the\nfollowing information:\n  (a) relevant baseline data on existing burdens, including from\nrelevant criteria used to designate the particular disadvantaged\ncommunities pursuant to subdivision one of section 75-0111 of this\nchapter;\n  (b) the environmental or public health stressors already borne by the\ndisadvantaged community as a result of existing conditions located in or\naffecting the disadvantaged community;\n  (c) the potential or projected contribution of the proposed action to\nexisting pollution burdens in the community; and\n  (d) existing and potential benefits of the project to the community\nincluding increased housing supply, or alleviation of existing pollution\nburdens that may be provided by the project, including operational\nchanges to the project that would reduce the pollution burden on the\ndisadvantaged community.\n