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EJ Related Policy and Regulations

CP-29 DEC Environmental Justice Policy

Issuing Authority: Commissioner Erin M. Crotty
Date Issued: 3/19/03
Latest Date Revised: 3/19/03

Commissioner Policy 29 (CP-29) (PDF) (26 KB, 10 Pages) provides guidance for incorporating environmental justice concerns into the New York State Department of Environmental Conservation (DEC) environmental permit review process and the DEC application of the State Environmental Quality Review Act. The policy also incorporates environmental justice concerns into some aspects of the DEC's enforcement program, grants program and public participation provisions. The policy is written to assist DEC staff, the regulated community and the public in understanding the requirements and review process.

This policy amends the DEC environmental permit process by identifying Potential Environmental Justice Areas; providing information on environmental justice to applicants with proposed projects in those communities; enhancing public participation requirements for proposed projects in those communities; establishing requirements for projects in Potential Environmental Justice Areas with the potential for at least one significant adverse environmental impact; and providing alternative dispute resolution opportunities to allow communities and project sponsors to resolve issues of concern to the community.

CP-29 will promote the fair involvement of all people in the DEC environmental permit process. It will do this by training and educating DEC staff on environmental justice; providing public access to DEC permit information; incorporating environmental justice concerns into DEC's permit review process; and pursuing technical assistance grants to enable community groups in potential environmental justice areas to more effectively participate in the environmental permit review process.

This policy contains groundbreaking elements which will lead the nation in environmental justice. As such, the DEC expects that the policy will be revised regularly to account for new information in the area of environmental justice and other issues encountered during the implementation of CP-29.

Examples of Public Participation Plans:

CP42 Contact Cooperation, and Consultation with Indian Nations

Commissioner Policy (CP-42) (PDF) (89 KB, 6 Pages) provides guidance to Department staff concerning cooperation and consultation with Indian Nations on issues relating to protection of environmental and cultural resources within New York State. Specifically, this policy (i) formally recognizes that relations between the Department and Indian Nations will be conducted on a government-to-government basis; (ii) identifies the protocols to be followed by Department staff in working with Indian Nations; and (iii) endorses the development of cooperative agreements between the Department and Indian Nations to address environmental and cultural resource issues of mutual concern.

Regulation- Part 487: Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10

The purpose of this Part is to establish a regulatory framework for undertaking an analysis of environmental justice issues associated with the siting of a major electric generating facility in New York State pursuant to Article 10 of the Public Service Law, enacted in the Power NY Act of 2011 (Ch. 388, L. 2011).

This Part is intended to enhance public participation and review of environmental impacts of proposed major electric generating facilities in environmental justice communities and reduce disproportionate environmental impacts in overburdened communities. It is not intended to, nor shall it be construed to create any right to judicial review involving the compliance or noncompliance of any person with this part.

To learn more about this regulation visit the Regulations- Quality Service webpage.