Avoid agency decisions that are inconsistent with goal of avoiding disproportionate burdens on disadvantaged communities.
- Date Due:
- N/A
- Responsible Entity:
- NYS AGENCIES
- Action:
- Avoid agency decisions that are inconsistent with goal of avoiding disproportionate burdens on disadvantaged communities.
- Summary:
- NYS agencies may not make decisions that are inconsistent with goal of avoiding disproportionate burdens on disadvantaged communities.
- Status:
- ONGOING: on August 31, 2023, DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the disproportionate burden consideration into permitting procedures. On September 27, 2023, DEC released a draft policy providing guidance for reviewing permit applications associated with sources and activities in or likely to affect a disadvantaged community.
- Statute:
- CLCPA § 7(3).
Under the CLCPA, when considering and issuing permits, licenses and other administrative approvals and decisions, New York State agencies must consider whether their actions are inconsistent with the goal of avoiding disproportionately burdening disadvantaged communities.
Statutory Language:
CLCPA § 7(3)-(3): "In considering and issuing permits, licenses, and other administrative approvals and decisions, including but not limited to the execution of grants, loans, and contracts, pursuant to article 75 of the environmental conservation law, all state agencies, offices, authorities, and divisions shall not disproportionately burden disadvantaged communities as identified pursuant to subdivision 5 of section 75-0101 of the environmental conservation law. All state agencies, offices, authorities, and divisions shall also prioritize reductions of greenhouse gas emissions and co-pollutants in disadvantaged communities as identified pursuant to such subdivision 5 of section 75-0101 of the environmental 55 conservation law."