New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following definitions
					 apply:
(a) Adjacent communities means
				  the geographic area contiguous to and surrounding the impact study area of a
				  radius equal to the radius of the impact study area, except that in New York City
				  the adjacent communities shall be limited to a maximum one mile radius. If the
				  impact study area is a one-half mile radius, the adjacent communities shall be
				  represented by the next one-half mile radius around the impact study area; if the
				  impact study area is a two mile radius, the adjacent communities shall be
				  represented by the next two mile radius around the impact study area or, in New
				  York City, the next one mile radius.
(b) Applicant means a person seeking a
				  certificate of environmental compatibility and public need pursuant to Public
				  Service Law section 162 and includes a person proposing to submit an application
				  for a certificate pursuant to Public Service Law section 163.
(c) Board means the New York State Board on
				  Electric Generation Siting and the Environment.
(d) Certificate means a certificate of
				  environmental compatibility and public need authorizing the construction of a
				  major electric generating facility issued by the board pursuant to article 10 of
				  the Public Service Law.
(e)
				  Comparison area means a geographic area used to analyze and compare physical
				  conditions and impacts against the impact study area.
(f) Department means the New York State
				  Department of Environmental Conservation.
(g) Department of Health or DOH means the New
				  York State Department of Health.
(h)
				  Department of Public Service or DPS means the New York State Department of Public
				  Service.
(i) ECL means the
				  Environmental Conservation Law.
(j)
				  Environment means the physical conditions that will be affected by a proposed
				  facility, including land, air, water, minerals, flora, fauna, noise, resources of
				  agricultural, archeological, historic or aesthetic significance, existing
				  patterns of population concentration, distribution or growth, existing community
				  or neighborhood character, and public health.
(k) Environmental justice or EJ means the fair
				  treatment and meaningful involvement of all people regardless of race, color, or
				  income with respect to the development, implementation, and enforcement of
				  environmental laws, regulations, and policies.
(l) Environmental justice area or EJ area means
				  a minority or low-income community that may bear a disproportionate share of the
				  negative environmental consequences resulting from industrial, municipal, and
				  commercial operations or the execution of Federal, State, local, and tribal
				  programs and policies.
(m)
				  Environmental setting means the descriptive information that portrays or captures
				  various aspects of the existing environmental condition within an area including
				  existing burdens relating to the environment and public health.
(n) Health outcomes means counts and rates of
				  health-related events in a population. Examples of health-related events are
				  hospitalizations for diseases such as asthma or cardiovascular disease, births of
				  infants with low birth weight, and new diagnoses of cancer.
(o) Impact study area means the geographic area
				  of at least a one-half mile radius around the location of a proposed major
				  electric generating facility in which the population is likely to be affected by
				  at least one potentially significant adverse environmental impact resulting from
				  the construction and/or operation of the facility that is different in type,
				  scope, or magnitude compared to the population located in the broader geographic
				  area surrounding the facility.
(p)
				  Low-income community means a census block group, or contiguous area with multiple
				  census block groups, where 23.59 percent or more of the population have an annual
				  income that is less than the poverty threshold; except that the percentage
				  population and income threshold may be revised to reflect updated demographic
				  data.
(q) Major electric generating
				  facility or facility means an electric generating facility with a nameplate
				  generating capacity of 25,000 kilowatts or more, including interconnection
				  electric transmission lines and fuel gas transmission lines that are not subject
				  to review under article 7 of the Public Service Law.
(r) Minority community means a census block
				  group, or contiguous area with multiple census block groups, where the minority
				  population is equal to or greater than 51.1 percent in an urban area or 33.8
				  percent in a rural area; except that the specific percentages may be revised to
				  reflect updated demographic data.
(s)
				  Minority population means a population that is identified or recognized by the
				  U.S. Census Bureau as Hispanic, African-American or Black, Asian and Pacific
				  Islander, or American Indian.
(t)
				  Pre-application or pre-application process means the period or procedures
				  pursuant to Public Service Law section 163 during which an applicant must file
				  with the board a preliminary scoping statement; intervenor funding is disbursed
				  for early public involvement; there is an opportunity for stakeholders to comment
				  on the preliminary scoping statement; and stakeholders may enter into
				  stipulations.
(u) Preliminary scoping
				  statement means the preliminary scoping statement required pursuant to Public
				  Service Law section 163 to be filed by the applicant with the board during the
				  pre-application process setting forth information about the range of potential
				  impacts of the proposed facility and the studies or program of studies to be
				  conducted by the applicant.
(v) PSL
				  means the Public Service Law.
(w)
				  Reasonably available means obtainable from existing data, studies and records,
				  without requiring collection or development of new data.
(x) Stakeholders means those persons who may be
				  affected or concerned by any issues within the board's jurisdiction relating to
				  the proposed major electric generating facility and any decision being made about
				  it, including all persons required to receive a copy or notice of the applicant's
				  preliminary scoping statement and application.