Establishes an indirect source review for certain warehouse operations

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic55

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Michael Gianaris says this is needed

Across the United States, e-commerce sales have skyrocketed since the start of the COVID-19 pandemic - both in terms of absolute volume and as a proportion of total retail sales. E-commerce sales in the 3rd Quarter of 2020 grew by 36.1% year-over-year, and have only continued to grow rapidly every quarter since (US Census Bureau - Quarterly Retail E-Com- merce Sales report). Such a rapid explosion of e-commerce has not gone without consequence, particularly in working-class communities of color. This industry remains largely unregulated, as these giant facilities currently require no public review process or environmental review and can be developed "as-of-right" in industrially zoned areas. More often than not, develop- ers site these facilities in low-income communities of color, where the cheapest and largest industrial space is available. Without regulatory intervention, Environmental Justice ("EJ") communities are expected to continue to bear the brunt of increased e-commerce consumption for the foreseeable future. In Red Hook, Brooklyn - home to upwards of 6,000 New York City Housing Authority residents five such facilities totaling 2 million sq ft are expected to come online over a period of one year, with no public notice, input, or environmental review. These facilities are expected to bring a range of health and environmental hazards including traffic, congestion, road safety, pollution and emissions impacts - to a front- line Environmental Justice community that has already had to weather extreme flooding, extreme weather and infrastructure degradation - some of the worst effects of climate change. New York State committed to dramatic emissions reductions in the 2019 Climate Leadership and Community Protection Act (CLCPA), requiring a reduction in the 1990 levels of greenhouse gas emissions of 40 percent by the year 2030 and of 85 percent by the year 2050. The CLCPA also committed to ensuring that disadvantaged communities receive no less than 35 percent of benefits from the state's climate programs. However, the proliferation of e-commerce facilities will both increase emissions and further concentrate negative environmental impacts in EJ communi- ties, threatening the intended progress of the CLCPA. In addition, nine counties in New York are part of a multi-state area that is currently in nonattainment for ozone. As a result, New York must come into compliance with federal ozone standards as expeditiously as practicable, and transportation is responsible for a significant portion of New York's ozone pollution. New York State has the authority to adopt an Indirect Source Rule (ISR). An "indirect source" is a facility, building, structure, installation, real property, road, or highway that attracts, or may attract, mobile sources of pollution, such as last-mile or other high-traffic warehouses. While the Clean Air Act generally preempts states' ability to directly regulate motor vehicle emissions, an ISR is a tool that New York can use to reduce vehicle emissions asso- ciated with facilities or uses that are particularly vehicle intensive. New York Department of Conservation (NYSDEC) has not recently exercised this authority in its air quality plans. The rapid proliferation of vehicle-intensive e-commerce, in addition to New York State's ongoing noncompliance with federal air quality stand- ards, suggests that an ISR for warehouses and other indirect sources is necessary to improve air quality and protect public health, particularly in EJ com m unities.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.