Bill > A03575

This bill establishes a new process for reviewing the environmental impact of large distribution warehouses, referred to as "heavy distribution warehouses," which include fulfillment centers, parcel hubs, and parcel sorting facilities. A "qualifying warehouse" is defined as one that is at least 50,000 square feet or operated by a company that collectively manages 500,000 square feet or more of such warehouse space, considering all its affiliated companies. The Department of Environmental Conservation (DEC) must create a program within 18 months to review these qualifying warehouses facility by facility and implement measures to reduce air pollution, particularly from mobile sources like trucks and vans, in a way that aligns with federal regulations for indirect sources of pollution. This program will involve requiring warehouse operators to develop air pollution reduction plans, potentially using a points system for mitigation measures like using zero-emissions vehicles or installing charging stations, and mandating enhanced measures for warehouses near sensitive locations like schools or disadvantaged communities. Before operating a new qualifying warehouse or making significant changes to an existing one that could increase air pollution (a "warehouse modification"), operators must obtain a permit demonstrating that new traffic won't worsen air quality, that they haven't violated air quality standards recently, and that the facility meets certain green building standards (LEED Silver or equivalent). The DEC will also require ongoing monitoring and public reporting from these operators on various metrics, including vehicle trips, emissions, and the use of zero-emission vehicles, and will impose an annual registration fee. Additionally, the DEC must study the feasibility of creating low- and zero-emissions zones for vehicles to reduce pollution and congestion, with recommendations for implementation, and this study will consider various approaches like restricting certain vehicles or charging fees for entry, with a focus on equity and vulnerable communities. Notably, cities with a population of one million or more that already have their own warehouse pollution review programs are exempt from these state-level requirements, provided they report data to the DEC.