Background
The policy implements Section 7(3) of the Climate Leadership and Community Protection Act (CLCPA) that went into effect January 1, 2020 (Chapter 106 of the Laws of 2019). When issuing permits, licenses, and other administrative approvals and decisions, Section 7(3) of CLCPA requires all state agencies, offices, authorities, and divisions shall not disproportionately burden such disadvantaged communities and shall prioritize reductions of greenhouse gas emissions and co-pollutants in disadvantaged communities. Disadvantaged communities are defined in the CLCPA as communities that bear burdens of negative public health effects, environmental pollution, impacts of climate change, and possess certain socioeconomic criteria, or comprise high-concentrations of low- and moderate- income households. The Disadvantaged Communities Criteria, which identifies disadvantaged communities for greenhouse gas and co-pollutant reduction, was finalized by the Climate Justice Working Group on March 27, 2023.
DEP-24-1 describes the content of analyses required by NYS DEC staff when reviewing various permit application types pursuant to the requirements of Section 7(3). It further describes the procedures NYS DEC staff will follow when reviewing those analyses for conformance with the requirements of the CLCPA.
DEC Program Policy - DEP 24-1, Permitting and Disadvantaged Communities Under the CLCPA (PDF)
The following information may also be utilized to implement the procedures outlined in DEP-24-1:
CLCPA 7(3) Addendum for Mobile Emissions (PDF)
CLCPA Section 7(3) Disproportionate Burden Analysis Worksheet (PDF)
Contact:
Daniel Whitehead
NYS DEC - Division Environmental Permits
625 Broadway, Albany, NY 12233-3254
Phone: (518) 402-9167
E-mail: [email protected]
