In March 2021, the NY Senate approved a broad array of environmental equity legislation aimed at protecting frontline communities from fossil fuel pollution.
This legislative package requires environmental impact statements for projects that may impact minority or economically distressed communities and prohibits approval of projects that may cause disproportionate pollution impacts to those communities; requires that energy efficiency projects and investments benefit environmental justice communities; requires permit applicants for projects that may impact an environmental justice community to prepare and implement a public participation plan; requires fossil-fuel burning peaker power plants in environmental justice communities to submit a plan to DEC for converting to renewable power generation, and requires phased-in use of bioheating fuel oil in buildings to reduce air pollution.
The package includes:
- Environmental Impact Statements: This bill, S.1031B, sponsored by Majority Leader Andrea Stewart-Cousins, requires an environmental impact statement (EIS) for projects that may affect minority or economically distressed communities, and prohibits approval of projects that cause or contribute to a disproportionate pollution burden in those communities.
- Bioheating Fuel Oil: This bill, S.3321, sponsored by Senator Todd Kaminsky, establishes phased-in statewide requirements for minimum percentages of less polluting biodiesel and/or renewable hydrocarbon diesel that must be present in heating oil used in buildings.
- Equitable Investment in Energy Efficiency: This bill, S.3126A, sponsored by Senator Kevin Parker, requires the hiring and training for energy efficiency programs from priority populations and environmental justice communities and requires the investment of energy efficiency funding in environmental justice communities.
- Public Participation Plan: This bill, S.3211A, sponsored by Senator Jessica Ramos, requires applicants for major projects located in or adjacent to an environmental justice community to prepare and implement an enhanced public participation plan which meets enhanced notice and public participation requirements.
- New Standards for Toxic Air Pollutants: This bill, S.4371B, sponsored by Senator Alessandra Biaggi, requires DEC to promulgate air quality standards for seven toxic air pollutants and requires major sources of toxic air pollutants located in or near environmental justice communities to install fence line monitoring systems.