New York Cumulative Impacts Law (SB 8830/AB 2103D)
- Policy Category: Environmental Justice
- State: New York
- Date Implemented: Signed by Governor 12/31/2022, goes into effect 180 days later
Signed into law 12/31/22
New York’s cumulative impact law amends the state’s environmental conservation law to address permitting decisions made by relevant state agencies. Agencies must consider the effects of any proposed action on disadvantaged communities, “including whether the action may cause or increase a disproportionate or inequitable or both disproportionate and inequitable pollution burden on a disadvantaged community.”
Existing Burden Report and Denial of Permits
Importantly, “When issuing a permit for any project that is not a minor project as defined in subdivision three of section 70-0105 of this article and that may directly or indirectly affect a disadvantaged community, the department shall prepare or cause to be prepared an existing burden report and shall consider such report in determining whether such project may cause or contribute to, either directly or indirectly, a disproportionate or inequitable or both disproportionate and inequitable pollution burden on a disadvantaged community.
No permit shall be approved or renewed by the department if it may cause or contribute to, either directly or indirectly, a disproportionate or inequitable or both disproportionate and inequitable pollution burden on a disadvantaged community.”
Monitoring Pollution Data
The law also requires that rules and regulations be developed to collect baseline monitoring data in disadvantaged communities to determine existing pollution sources, “potential routes of human exposure to pollution,” and includes examples of pollution to monitor. These include “exposure or potential exposure to contaminated drinking water supplies… [and] wastewater treatment plants” among others.
Learn more: State Policy Showcase
Check out River Network’s Environmental Justice State Policy Showcase to hear from Anthony Rogers-Wright, Director of Environmental Justice at New York Lawyers for the Public Interest about the advocacy efforts that went into developing this bill.
- Action Agency(ies): Department of Environmental Conservation, other relevant agencies
- Policy Champions: WE ACT for Environmental Justice, South Bronx Unite, New York Lawyers for the Public Interest, JustGreen Partnership, Earthjustice, Sierra Club Atlantic Chapter, Riverkeeper, NRDC, Environmental Advocates NY, Moms for a Nontoxic New York, and others.
- Read the full policy language
