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Environmental Justice Interagency Task Force Draft Recommendations

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					                          NEW YORK STATE


 ENVIRONMENTAL JUSTICE INTERAGENCY

                             TASK FORCE

                   DRAFT RECOMMENDATIONS
                                June 10, 2009

Convened by:
Governor David A. Paterson


Member State Agencies:
Department of Environmental Conservation
Department of Agriculture and Markets
Department of Health
Department of Housing and Community Renewal
Division of Human Rights
Department of Labor
Department of Public Service
Department of State
Department of Transportation
Empire State Development Corporation
New York State Energy Research Development Authority
New York Power Authority
Metropolitan Transportation Authority
Office of Parks, Recreation, and Historic Preservation
EXECUTIVE SUMMARY ..................................................................................................................................4
INTRODUCTION ..............................................................................................................................................7
  Environmental Justice Interagency Task Force Background .............................................................7
  Process.......................................................................................................................................................7
  Components of the New York State Environmental Justice Plan .......................................................8
SECTION I: ENVIRONMENTAL JUSTICE INTERAGENCY TASK FORCE RECOMMENDATIONS .....................9
SECTION II: AGENCY ACTION AGENDAS ...................................................................................................12
  DEPARTMENT OF AGRICULTURE AND MARKETS ...................................................................................13
    I.    General Recommendations and Agency Actions ..................................................................13
  DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) ................................................................20
    I.    General Recommendations and Agency Actions ..................................................................20
    II. Draft Specific Recommendations and Agency Actions.........................................................26
       Green Infrastructure .....................................................................................................................26
       Air Quality and Emissions ............................................................................................................27
       Polluted Waterways .......................................................................................................................30
       Wetlands .........................................................................................................................................31
       Pesticides .........................................................................................................................................32
       Defining “Environmental Justice” ...............................................................................................32
  DEPARTMENT OF HEALTH (DOH)..........................................................................................................34
    I.    General Recommendations and Agency Actions ..................................................................34
    II. Draft Specific Recommendations and Agency Actions.........................................................36
       Brownfields and Other Sites .........................................................................................................36
       Community Gardens......................................................................................................................39
       Subsistence Fishing ........................................................................................................................40
       Haudenosaunee...............................................................................................................................41
       Childhood Lead Poisoning Prevention.........................................................................................42
       Lead Policy Formation ..................................................................................................................43
       Lead Exposure................................................................................................................................45
       Public Participation and Communication ...................................................................................45
       Infrastructure Costs to Environmental Justice Communities ...................................................46
       Occupational Health ......................................................................................................................46
       Health Disparities...........................................................................................................................47
       Food Policy......................................................................................................................................48
       Communication with the Public on Food ....................................................................................49
       Food and Children .........................................................................................................................50
       Farmers’ Markets and WIC .........................................................................................................52
       Food Availability ............................................................................................................................52
       Food Banks .....................................................................................................................................53
       Indoor Air Quality .........................................................................................................................53
       State Environmental Quality Review Reform.............................................................................54
       Health Studies.................................................................................................................................55
       School Siting ...................................................................................................................................56
       Ritualistic Uses of Mercury ...........................................................................................................56
       Agency Collaboration ....................................................................................................................57
       Nanotechnology ..............................................................................................................................58
  DIVISION OF HOUSING AND COMMUNITY RENEWAL .............................................................................59



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  I.     General Recommendations and Agency Actions ..................................................................59
  II. Draft Specific Recommendations and Agency Actions.........................................................61
     Sustainable Development ..............................................................................................................61
     State Environmental Quality Review Act (SEQR) Reform .......................................................62
     Brownfields .....................................................................................................................................62
     Green Jobs and Green Infrastructure .........................................................................................62
     Transportation Planning ...............................................................................................................62
     Solid Waste .....................................................................................................................................63
     Prevent Lead Poisoning .................................................................................................................63
     Eliminate Toxic Materials .............................................................................................................64
     Community Gardens/Urban Agriculture ....................................................................................64
DEPARTMENT OF LABOR (NYSDOL).....................................................................................................65
  I.     General Recommendations and Agency Actions ..................................................................65
DEPARTMENT OF PUBLIC SERVICE (DPS)..............................................................................................69
  I.     General Recommendations and Agency Actions ..................................................................69
  II. Draft Specific Recommendations and Agency Actions.........................................................71
     Article X Legislation ......................................................................................................................71
     Further Improve Website..............................................................................................................73
DEPARTMENT OF STATE ..........................................................................................................................74
  I.     General Recommendations and Agency Actions ..................................................................74
DEPARTMENT OF TRANSPORTATION ......................................................................................................76
  I.     General Recommendations and Agency Actions ..................................................................76
  II. Draft Specific Recommendations and Agency Actions.........................................................78
     Decision making and Procedures..................................................................................................78
     Air Toxins .......................................................................................................................................78
     Air Quality Standards ...................................................................................................................80
     Noise Pollution................................................................................................................................81
     Diesel Vehicles ................................................................................................................................81
     Mass Transit Planning and Programs .........................................................................................82
     Alternative Transportation ...........................................................................................................85
     Rail, Roads, Ports and Shipping ...................................................................................................86
     Non-Purview Stakeholder Recommendation ..............................................................................87
DIVISION OF HUMAN RIGHTS ..................................................................................................................89
  I.     Draft General Recommendations and Agency Actions ........................................................89
EMPIRE STATE DEVELOPMENT CORPORATION (ESDC) .......................................................................91
  I.     General Recommendations and Agency Actions ..................................................................91
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) ...................................................94
  I.     General Recommendations and Agency Actions ..................................................................94
  II. Draft Specific Recommendations and Agency Actions.........................................................97
     Food Working Group ....................................................................................................................97
     Water Working Group ..................................................................................................................98
     Air Quality Working Group .........................................................................................................99
     Land Working Group ..................................................................................................................102
METROPOLITAN TRANSPORTATION AUTHORITY (MTA)....................................................................105
  I.     Draft General Recommendations and Agency Actions ......................................................105
  II. Draft Specific Recommendations and Agency Actions.......................................................108



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        Air Pollution Prevention..............................................................................................................108
  NEW YORK POWER AUTHORITY (NYPA) ............................................................................................109
     I.    General Recommendations and Agency Actions ................................................................109
     II. Draft Specific Recommendations and Agency Actions.......................................................110
        Training/Education......................................................................................................................110
        Public Participation and Communication .................................................................................111
        Air Quality ....................................................................................................................................111
        Global Warming and Energy Strategies....................................................................................113
        Green Jobs and Green Infrastructure .......................................................................................113
  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP) .....................................116
     I.    General Recommendations and Agency Actions ................................................................116
Section III: Environmental Justice Resources .....................................................................................119
  DEPARTMENT OF AGRICULTURE AND MARKETS .................................................................................119
  DEPARTMENT OF ENVIRONMENTAL CONSERVATION ..........................................................................123
  NEW YORK STATE DEPARTMENT OF HEALTH .....................................................................................130
  DIVISION OF HOUSING AND COMMUNITY RENEWAL ...........................................................................145
  DEPARTMENT OF LABOR.........................................................................................................................151
  DEPARTMENT OF PUBLIC SERVICE .......................................................................................................155
  DEPARTMENT OF TRANSPORTATION ....................................................................................................161
  EMPIRE STATE DEVELOPMENT .............................................................................................................165
  METROPOLITAN TRANSPORTATION AUTHORITY ................................................................................168
  NEW YORK POWER AUTHORITY ..........................................................................................................172
  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY ........................................................................181
  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION .......................................................189




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EXECUTIVE SUMMARY

       In June 2008, Governor Paterson established the Environmental Justice Interagency Task Force
(the Task Force) to help protect low-income and minority communities from environmental hazards and
to promote sustainable economic development. The Task Force is comprised of fourteen State agencies
and authorities, all working to develop policies and actions that embrace environmental justice principles
and work towards environmental equity.

        Some communities face more environmental harms than others do, often the result of cumulative
environmental and health impacts of multiple pollution sources. Many of the residents of these same
communities face barriers to accessing government decision-making processes such as limited English
proficiency, free time, and access to resources. The communities and groups of people who face
historical barriers to accessing government decision making-minorities, indigenous groups, children, the
poor- are also those most likely to be disproportionately effected by environmental harms and unequal
access to environmental resources such as parks and open space. This is known as environmental
injustice.

        New York has adopted the U.S. Environmental Protection Agency’s definition of environmental
justice: “Environmental justice is the fair treatment and meaningful involvement of all people regardless
of race, color, national origin, or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.”

        The mission of the Task Force has been to bring together the 14 State agencies and authorities to
work with representatives of communities and diverse stakeholders affected by existing environmental
policies. The goal is to improve our collective understanding of environmental justice issues and
determine what infrastructures already exists to meet the needs of affected communities, and what future
changes are needed within state agencies. Nearly 100 stakeholders have participated in the process..

        The Task Force received over 100 pages of recommendations and comments in September 2008.
From those recommendations the Task developed nine core recommendations, which were presented to
the public in November 2008. Some of the recommendations serve as guidelines for state government as
it develops plans to address environmental justice concerns; others stand alone as a recommendation for
specific agencies. The core theme of these recommendations is that New York State agencies should
prioritize environmental justice in particular ways and sensitize the agency to these issues.

        Through the process of working with the diverse stakeholders, the Task Force learned that
environmental justice communities are concerned with a broad range of issues from air pollution, lead
poisoning, and waste facilities to access to nutritious, local food, clean water, and green space. Another
issue heard repeatedly from stakeholders is the link between economic health and quality of life. In
particular, The Task Force heard how urgently important it is for the State to seize opportunities for green
job creation in environmental justice communities. As our economy shifts to one that is more
environmentally sustainable and New York continues to make investments to be a leader in the clean
energy economy, the State should also take actions to train a diverse and green work force.

       Another recurring recommendation the Task Force heard throughout the process is that the Task
Force should continue its work after making its initial recommendations and establish a forum for



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environmental justice stakeholders to work with State agencies and authorities on implementing and
adapting their Agency Action Agendas.

       Given this recommendation and the important linkage between environmental justice and
economic well-being, the Task Force has added a tenth recommendation to continue its work, to be co-
chaired by Department of Environmental Conservation and the Department of Labor.

The ten recommendations are:

   1.  Provide for increased community representation and access to decision-making processes.
   2.  Continue collaboration with the environmental justice community.
   3.  Create a New York State environmental justice database and map.
   4.  Offer technical assistance grant programs.
   5.  Develop environmental justice and sustainability provisions in permitting.
   6.  Give priority to environmental justice communities in relevant request for proposal requirements,
       scoring systems for funding, assistance, and training programs.
   7. Prioritize enforcement actions and pollution reduction programs and resources in environmental
       justice communities.
   8. Diversify and green the workforce.
   9. Provide environmental justice training for agency staff.
   10. Formalize the Environmental Justice Interagency Task Force to be co-chaired by the Department
       of Environmental Conservation and Department of Labor.

        Each of the 14 State agencies and authorities that are on the Task Force have also been charged
with taking all of the recommendations from the stakeholder participants and developing an Action
Agenda specific to their agency or authority. These Agency Action Agendas detail the ways in which
each agency or authority plans to address environmental justice concerns. Each of the Agency Action
Agendas are contained in-full in the section of this plan titled “Section II: Agency Action Agendas”
beginning on page 12. The agencies and authorities are making changes and developing programs both
large and small. Here are some of the highlights:

 • The Department of Agriculture and Markets provides incentives for community gardens, extending
   Women, Infants, and Children (WIC) and Senior assistance funds to farmers markets, and developing
   education programs for low-income youth in the running of a farmers market operation.

 • The Department of Environmental Conservation is prioritizing enforcement actions in environmental
   justice communities; the first example of this is the “Stop Smoking Trucks” pullover events held in
   communities with high asthma rates.

 • The Department of Health chairs the Childhood Lead Poisoning Prevention Advisory Council that
   directs New York State actions to eradicate this preventable environmental toxin. The Department
   has also formed an Office of Minority Health in order to develop a comprehensive plan to eliminate
   minority health disparities in the State.

 • The Department of Housing and Community Renewal has instituted a Green Building initiative to
   provide incentives for green and sustainable housing for low-income citizens.


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 • The Department of Labor collaborated on workforce development to address green job career
   pathways, which provide individuals in environmentally and economically disadvantaged
   communities with the work readiness skills, occupational skills and employment supports needed to
   obtain entry-level positions as a career pathway to higher skilled, higher wage employment.

 • The Department of Public Service prioritizes the concerns of environmental justice communities in
   permitting decisions.

 • The Department of State created a BOA (Brownfield Opportunity Area) Spotlight Communities
   program.

 • Empire State Development Corporation manages the Restore NY program designed to encourage
   economic development and neighborhood growth by providing municipalities with financial
   assistance for revitalization of commercial and residential properties. Priority for funding is given to
   those communities that exhibit economic distress, including high unemployment and poverty.

 • The New York Power Authority has designated an environmental justice liaison to be a point of
   contact for the environmental justice community.

         In the future, the Task Force members will prioritize stakeholder concerns and incorporate specific
recommendations for each agency. Each agency will reprogram its staff and offices in order to be more
alert to the diversity of needs in environmental justice communities. Agencies and authorities will,
through targeted initiatives and programming, improve the lives of individuals living in environmental
justice communities.




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INTRODUCTION

Environmental Justice Interagency Task Force Background

         Governor David A. Paterson established the Environmental Justice Interagency Task Force (the
Task Force) in June 2008 to address environmental justice concerns in New York State. The goal of the
Task Force is to develop strategies that will integrate solutions to environmental justice concerns into the
state's day-to-day work. The Task Force is directed by the Department of Environmental Conservation
and includes the following Agencies: Department of Agriculture and Markets, Department of Health,
Department of Housing and Community Renewal, Division of Human Rights, Department of Labor,
Department of Public Service, Department of State, Department of Transportation, Empire State
Development Corporation, Energy Research Development Authority, Metropolitan Transportation
Authority, New York Power Authority, and the Office of Parks, Recreation, and Historic Preservation.

        New York has adopted the U.S. Environmental Protection Agency’s definition of environmental
justice: “Environmental justice is the fair treatment and meaningful involvement of all people regardless
of race, color, national origin, or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.” 1 To that end, the Task Force has held an
open stakeholder process with multiple opportunities through which interested parties have been involved.

Process

        The Task Force met for the first time with stakeholders (community groups, environmental
groups, businesses, and business associations) in July 2008; nearly 100 diverse stakeholders were invited
to participate. At the July meeting, a working group process commenced that lasted three months, held
more than 15 collaborative meetings, and involved more than 40 active stakeholders. The working groups
were divided into five areas of interest: air, water, land, food, and toxics. Each working group was co-
chaired by a representative from an environmental justice group and a representative from a state agency.
The working groups had both agency and stakeholder representation and each member collaborated to
develop policy recommendations for the Task Force. The Task Force also accepted recommendations
submitted separately from the working group process.

The recommendations generally fell into two categories:
   1. General recommendations: these were broad policy recommendations geared at multiple agencies
       and best practices for procedures and policy development.
   2. Specific recommendations: these were usually agency-specific and dealt with policies, practices,
       and regulations of individual agencies where stakeholders felt like a change was warranted.

    To address these stakeholder recommendations, the Task Force has developed two sets of
recommendations:
    1. General recommendations: these are ten recommendations with a broader reach than an individual
       agency. Many of them are “best practice” strategies for addressing environmental justice. Some
       are more specific such as developing a map of potential environmental justice areas. All of these
       recommendations were developed based on common themes and recommendations found


1 US EPA http://www.epa.gov/compliance/environmentaljustice/index.html (accessed 07/2008)


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      throughout the stakeholder recommendations. In each Agency Action Agenda, the first section is
      devoted to the agency addressing some/all of the general recommendations, where appropriate.
   2. Specific recommendations: all specific recommendations are dealt with in the Agency Action
      Agendas section of this plan. These recommendations were directly prompted by a stakeholder
      recommendation. The majority of specific recommendations were directed at the Department of
      Environmental Conservation and Department of Health.

        The draft general recommendations were developed and presented to the stakeholders at a Task
Force meeting in November 2008. The Agency Action Agendas were developed over the period of
several months; as each was completed, the Task Force held a stakeholder review meeting. Other than
changes that have been made to address questions, concerns, or additional recommendations from
stakeholders throughout the review process, this document does not contain anything that has not already
been reviewed by active stakeholders in the process. What has grown out of the compilation of all of
these recommendations is essentially an environmental justice strategy for New York State government.

Components of the New York State Environmental Justice Plan

This plan has three main components:
   1. The General Environmental Justice Recommendations section contains the ten general
       recommendations, as well as background and descriptions of each.
   2. The Agency Action Agendas are broken out by the 14 agencies that have participated in the Task
       Force. Each action agenda addresses both general and specific recommendations relevant to the
       agency.
   3. The Environmental Justice Resources section is broken out by the 14 agencies and includes a
       survey of each agency’s activities, policies, and programs that currently address concerns of the
       environmental justice community.




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SECTION I: ENVIRONMENTAL JUSTICE INTERAGENCY TASK FORCE RECOMMENDATIONS

        The Task Force developed ten recommendations that are applicable across many agencies; some
are general principles to assist all agencies in addressing environmental justice, and others are more
specific tasks for a group of agencies to accomplish. These recommendations were developed based on
common themes gathered throughout the stakeholder process. The ten Task Force Recommendations are
as follows:

 1)  Provide for increased community representation and access to decision making processes.
 2)  Continue collaboration with the environmental justice community.
 3)  Create a New York State environmental justice database and map.
 4)  Offer technical assistance grant programs.
 5)  Develop environmental justice and sustainability provisions in permitting.
 6)  Give priority to environmental justice communities in relevant request for proposal requirements,
     scoring systems for funding, assistance and training programs.
 7) Prioritize enforcement actions and pollution reduction programs and resources in environmental
     justice communities.
 8) Diversify and green the workforce.
 9) Provide environmental justice training for agency staff
 10) Formalize the Environmental Justice Interagency Task Force to be co-chaired by Department of
     Environmental Conservation and Department of Labor.


1) PROVIDE FOR INCREASED COMMUNITY REPRESENTATION AND ACCESS TO DECISION MAKING
PROCESSES
Background: A basic tenet of environmental justice is that low-income communities and minority
communities have often been left out of government decision making as a result of a historical lack of
access to government. As public servants, it is our duty to provide information to as many people as
possible and make access to government easy. State agencies should make every effort to have the public
participate early and often in permitting processes and decision making. The first step for meaningful
participation of citizens in government is for them to be provided with adequate public notice and access
to information, including in multiple language when needed. In addition, it is important to be sure that
diverse voices and points of views, especially the points of view of those who are affected most by
governmental decisions, are represented.

Actions:
    1. Agencies should identify which committees, councils, working groups, advisory groups, cabinets,
       and/or initiatives exist where a representative(s) from the affected community could be added.
    2. Agencies should identify ways in which they will create ease of access for diverse communities to
       the agency and to important information. This will include increased outreach, translations of
       materials, changes to public information sessions or hearing processes (i.e. hearings on Saturdays
       and in the evenings), and any streamlined point of contact to the agency and the information it has
       to offer.




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2) CONTINUE COLLABORATION WITH THE ENVIRONMENTAL JUSTICE COMMUNITY
Background: Public participation is crucial for responsive and open government.            Agencies should
maintain regular contact with environmental justice groups.

Action: Agencies should work closely with environmental justice groups through regular meetings.
Ongoing participation is critically important for all agencies, even ones that are not involved in
permitting.

3) CREATE A NEW YORK STATE ENVIRONMENTAL JUSTICE DATABASE AND MAP
Background: Department of Environmental Conservation currently identifies environmental justice
communities based on census criteria (low-income communities and communities of color). This
information is available on their website. Creating maps of environmental justice areas based on
permitted and unpermitted facilities will further assist the state in developing policies to reduce pollution
in already overburdened communities. With this information the state will be able to better prevent
pollution in overburdened areas, direct pollution reduction programs and resources to these areas (such as
tree planting, diesel retrofits, and electric buses) and give priority to programs and funding that create
parks and green space, sustainable development and green jobs in these areas.

Action: Agencies from the Task Force will form an Environmental Justice Mapping Work Group, which
will also include two representatives from the environmental justice community. This group will develop
the criteria for defining environmental justice areas and will work on the strategy to streamline data from
multiple agencies into one program.

4) OFFER TECHNICAL ASSISTANCE GRANT PROGRAMS
Background: Technical assistance grants are a citizen participation tool for eligible community groups to
help the grant recipient, and the community it represents, to understand existing environmental data,
develop comments and input for public processes, and share this information with the public. Technical
assistance grants are granted in the form of State Assistance Contracts.

Action: Department of Environmental Conservation will work with the Governor’s office to develop an
environmental justice technical assistance grant program. Other agencies should identify if there is an
existing program into which a technical assistance grant program should be built.

5) DEVELOP ENVIRONMENTAL JUSTICE AND SUSTAINABILITY PROVISIONS IN PERMITTING
Background: Due to historical barriers to access and clear disproportionate negative environmental health
outcomes in low-income and minority communities, permitting decisions and processes should take
consideration of environmental justice.

Action: Agencies should develop environmental justice policies that address future siting of polluting
facilities in already overburdened communities and should implement policies that prioritize the
permitting of clean and sustainable facilities to prevent pollution.

6) GIVE PRIORITY TO ENVIRONMENTAL JUSTICE COMMUNITIES IN RELEVANT REQUEST FOR
PROPOSAL REQUIREMENTS, SCORING SYSTEMS FOR FUNDING, ASSISTANCE, AND TRAINING PROGRAMS




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Background: Some of the best ways to assist communities that carry multiple environmental burdens is
to direct sustainable development, funding for parks and community gardens, green infrastructure
projects, and green job training programs and other housing and economic development opportunities to
those communities.

Action: Agencies will identify relevant programs and how those programs will be modified to give
priority to environmental justice communities.

7) PRIORITIZE ENFORCEMENT ACTIONS AND POLLUTION REDUCTION PROGRAMS AND RESOURCES IN
ENVIRONMENTAL JUSTICE COMMUNITIES
Background: A key strategy to addressing the disproportionate public health and environmental impacts
in environmental justice communities is to direct state enforcement and pollution reduction programs and
resources (i.e. tree planting, diesel retrofits, and electric buses) into communities that suffer from multiple
environmental burdens.

Action: Agencies should identify enforcement capabilities and pollution reduction programs that will be
directed to environmental justice communities.

8) DIVERSIFY AND GREEN THE WORKFORCE
Background: Workforce development, particularly green job training programs, should be a priority for
the state. These programs should be targeted to environmental justice communities.

Action: Agencies should identify ways in which they can contribute to workforce development in
environmental justice communities.

9) PROVIDE ENVIRONMENTAL JUSTICE TRAINING FOR AGENCY STAFF
Background: Training of agency staff in environmental justice principles and issues will raise awareness
of environmental and social burdens- as well as potential barriers affecting communication with
community stakeholders- and educate agency staff on how permitting decisions affect communities.

Action: DEC will work with Civil Service, Governors Office of Employee Relations, two representatives
of the environmental justice community and a public employee union to develop curriculum and
implement a training program for state agency staff.

10) FORMALIZE THE ENVIRONMENTAL JUSTICE INTERAGENCY TASK FORCE
Background: The Task Force has begun the work of incorporating environmental justice into the State’s
day-to-day operations. A formal process needs to be established for agencies to report on the progress of
their action agendas and environmental justice work.

Action: The Task Force should continue, and given the importance of green job creation to environmental
justice, as well as Department of Environmental Conservation’s leadership on this issue, it should be co-
chaired by Department of Environmental Conservation and Department of Labor.




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SECTION II: AGENCY ACTION AGENDAS

       This section contains the Action Agendas produced by each agency that sits on the Task
Force. Each Action Agenda outlines what the participating agencies are doing, or planning to do,
to address environmental justice concerns.




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NEW YORK STATE
             DEPARTMENT OF AGRICULTURE AND MARKETS
            ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                      DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to Decision
Making Processes
Action Agenda
   • The Department of Agriculture and Markets will add environmental justice representative(s) on
       the NYS Council on Food Policy to ensure that these key bodies are informed of and consider the
       knowledge, perspectives, concerns, and ideas of the environmental justice community throughout
       the process of developing state food policy recommendations and implementation plans.

     •   The Department will invite environmental justice community representation in the NY Farm-to-
         School Coordinating Committee, as improvements to the nutritional quality of school food and the
         availability of opportunities for school gardening are important to environmental justice
         communities.

     •   NYS Council on Food Policy outreach efforts will be held in locations and on days and times
         convenient to residents of low-income and minority communities (for example in 2008 the CFP
         scheduled a “listening session” at the Harlem State Office Building after 5 PM).

     •   The recently established website for the NYS Council on Food Policy (www.nyscfp.org) will be
         publicized through Department publications, programs, and meetings involving low-income and
         minority residents as it contains information relevant to environmental justice communities.

     •   Informational and instructional materials produced for participants in the Women Infant Children
         and Senior Farmers Market Nutrition Program (FMNP), the Farmers Market Wireless Electronic
         Benefit Transfer Supplement Nutritional Assistance Program, and other interagency nutrition and
         food access programs benefiting low-income and minority residents will be produced in
         appropriate languages (e.g. existing materials [have been and/or will be] produced in Spanish,
         Chinese, Russian, Creole, and Russian).

     •   General information about the Women Infant Children and Senior Farmers Market Nutritional
         Program and the Farmers Market Wireless EBT/SNAP Program on the Department’s website will
         be enhanced with detailed information on the locations of specific farmers markets where these
         programs operate, as well as referrals to related food and nutrition programs of cooperating
         agencies such as Department of Health, Office of Temporary Disability Assistance and
         Department of Education in order to facilitate access to these programs.

     •   Information on the Community Gardens section of the Department’s website will eventually
         include specific opportunities for accessing properties under the jurisdiction of state and municipal




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       government agencies for possible community garden use, once this information has been obtained
       from these agencies.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

   Action Agenda
   • The Department will maintain long-term collaboration with community gardening advocates and
      organizations participating in the NYS Community Gardening summit, held at SUNY New Paltz,
      in July 2008, and similar events. Conduct local meetings with community gardeners and
      organizations on a city-by-city basis to facilitate multi-organization input and cooperation and
      coordinated state and local action (e.g. ‘08 meetings in Buffalo & NYC).

   •   The Department will add interested environmental justice representatives to the Department’s
       press release distribution list.

   •   Expand referrals to food and nutrition programs of other state agencies on the Department’s
       website.

Recommendation 3: Create a New York State Environmental Justice Database and Map

       Action Agenda
   •   The Department offers to assist the Environmental Justice Database group by providing
       information and updates on food outlets in defined environmental justice areas, including locations
       of retail food stores, farmers markets, roadside farm markets, on-farm food outlets, community
       gardens, farm-to-school sites and school gardens on Department databases or GIS files.

Recommendation 4: Offer Technical Assistance Grant Programs

       Action Agenda
   •   With the leadership and support of the Executive Chamber, the Department has established a
       Community Gardening Capacity Building Grants Program to provide small grants to community
       gardening groups in major cities to strengthen their operations. The Department intends to work
       with both grantees and non-grantees to understand and interpret environmental data such as soil
       analyses for community gardening purposes.

   •   The Department’s Farmers Market Grant Program’s promotion grants component will be modified
       to include funding for technical assistance grants that assist community-based groups to identify
       opportunities for farmer’s market development in addition to promoting existing markets. The
       Department will explore this option.

Recommendation 5: Develop environmental justice and sustainability provision in permitting

       Action Agenda
   •   As a priority initiative of its Community Gardening Program, the Department is working with the
       Department of Health and Cornell University to identify convenient and affordable urban soil
       analysis services that will enable residents of low-income and minority communities to assess the


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      environmental safety and quality of urban soils for growing crops before they develop or expand a
      community garden.
  •   All consumer complaints regarding food outlets are investigated equally- regardless of location-
      and usually involve a field inspection. Information about how to make a consumer complaint
      regarding a retail food store or food processing facility is available on the Department’s website,
      and is also provided to the public at meetings on Department programs held in low-income and
      minority areas (e.g. at farmers market development and Farmers Market Nutritional Program
      meetings with community organizations including Women Infant Children and Senior agencies,
      and also community forums on state agency services, including those sponsored by elected
      officials).

Recommendation 6: Give priority to environmental justice communities in relevant RFP
requirements, scoring systems for funding, assistance and training programs

      Action Agenda
  •   The Department’s Women Infant Children and Senior Farmers Market Nutrition Program (FMNP)
      and Farmers Market Wireless EBT Program- which have always been targeted to providing access
      to nutritious, locally grown fresh produce in low-income and minority communities- will continue
      to receive high priority and will be expanded to the fullest extent possible. NYS has the largest
      Farmers Market Nutritional Program in the U.S. in terms of federal funding and farmer and
      consumer participation, and the Department will advocate for efforts to expand and strengthen the
      Women Infant Children Farmers Market Nutritional Program in Congress in the 2009 Child
      Nutrition Act reauthorization process.

  •   Working closely with Department of Health, the Department plans to make it possible for the
      state’s network of nearly 400 Farmers Market Nutritional Program authorized farmers markets to
      participate, along with the Women Infant Children authorized conventional retail food stores, in
      the new Women Infant Children Fruit and Vegetable Program in 2009. This will make it possible
      for Women Infant Children participants with limited access to fresh produce in their neighborhood
      food stores to use their new Women Infant Children checks to buy locally grown fresh produce at
      the Farmers Market Nutritional Program farmers markets they already shop at, rather than using
      them for less nutritious, non-local canned vegetables or fruits.

  •   The Department will continue to work with Office of Temporary Disability Assistance in
      expanding the availability of Farmers Market Wireless EBT terminals and services and prioritize
      them to additional farmers markets in Environmental Justice areas where potential benefits for
      consumers and farmers are greatest. Because a small “Health Buck” or “Fresh Check” bonus
      incentive coupon issued at electronic benefit transfer-equipped farmers markets to promote
      electronic benefit transfer card use has proven to be very effective in promoting electronic benefit
      transfer/supplemental nutritional assistance program use for healthy fresh produce, the Department
      will work with the Office of Temporary Disability Assistance, as well as other sources of funding,
      to support these related programs pioneered by the NYC Department of Health and a private
      foundation.

  •   In addition to farmers markets, mobile route vendors such as “Veggie Vans” and individual street
      vendors such as NYC “Green Carts” provide environmental justice communities with greater


                                                                                                       15
    access to fresh produce, but these types of vendors currently lack access to NYS supported
    wireless electronic benefit transfer terminals because they are neither traditional food stores nor
    farmers markets. The Department will work with the Office of Temporary Disability Assistance
    to explore providing such mobile operations, which have been funded or specially licensed by
    NYS Department of Health or NYC Department of Health and Mental Hygiene to improve access
    to fresh foods for consumers, with wireless EBT terminals.

•   The Department has been proactive in development of new farmers markets in communities with
    limited access to fresh, locally grown foods so as to provide WIC and senior participants in these
    areas with convenient locations to use Farmers Market Nutritional Program checks. The
    Department has also always welcomed community-based requests for technical assistance in
    farmer’s market development, and will continue to do so.

•   The Department will target the infrastructure component of its Farmers Market Grants Program to
    encourage establishment of year-round or extended-season farmers markets, which could be
    housed in underutilized buildings in environmental justice communities. The Department will
    target the promotion grants component of the Farmers Market Grants Program to community-
    based groups in environmental justice areas to assist them in farmer’s market development efforts
    (see Recommendation 4). The RFP for future rounds of Farmers Market grants will be circulated
    to the environmental justice community through multiple means.

•   Because many community gardens are in low-income and minority neighborhoods, the
    Department’s Community Gardens Program is already targeted to providing assistance to
    environmental justice communities. Due to an intentional focus on large urban areas, a majority
    of the forthcoming Community Gardening Capacity Building grants – the request for proposal for
    which was disseminated widely to active community garden groups – are expected to go to
    organizations in environmental justice areas. The Department’s efforts to secure a convenient,
    affordable source for soil analysis for community garden groups will also especially benefit
    environmental justice communities. In addition, the Department plans to work with the
    Department of Environmental Conservation and Department of State to target available
    Environmental Protection Fund, environmental justice, and Smart Growth Program funds from
    these agencies to supporting community gardens as well as larger “community farm” projects in
    selected environmental justice areas involving food, ornamental, nursery, or other crop production
    that could provide agricultural education and training opportunities and also generate jobs and
    income for minority youth and adults while improving the environmental quality, visual
    landscape, and property values in economically disadvantaged environmental justice communities.

•   The Department’s Community Gardens program will continue to work with the NYC Department
    of Education Office of School Food in low-income neighborhoods in NYC to expand the joint
    pilot “Garden to School Cafe” program under which children at 20+ public schools grew fresh
    greens and herbs in school gardens for inclusion in their own school lunches, providing the basis
    for farm-to-school harvest days at each school. It is hoped that this continued effort informs
    development of a State or municipal “School Garden” mini-grants program to enable more schools
    to establish mini-gardens on school property or at adjacent community gardens to be used to
    enhance children’s academic motivation and learning outcomes, and encourage them to adopt



                                                                                                    16
    healthy eating habits that would reinforce the use and consumption of more plant-based foods in
    school lunches – a result that would also benefit NY produce growers.

•   The Department is assisting the NYC Department for the Aging (DFTA) in piloting a “Senior
    Shopping Bus” project under which DFTA-contracted Senior Centers in low-income areas of
    Brooklyn will use school buses available to DFTA at no cost under NYC’s school bus contract to
    transport seniors to area supermarkets of their choice once or twice a month. These stores offer
    better prices, quality, selection, and services than are available at the small stores in their
    immediate community. If this project proves successful, the Department expects that DFTA will
    expand it other low-income areas of the city and that the buses will also be used during the
    summer and fall to transport seniors to farmers markets. The project also includes an electronic
    benefit program outreach and enrollment effort targeted to low-income seniors. The Department
    will explore how this program can be initiated in other NY cities, as well as low-income rural
    areas where access to food shopping is limited by the loss of local food stores and the high cost of
    transportation to shopping mall-based supermarkets.

•   Some farmers markets work closely with local food pantries, soup kitchens, and food banks in
    low-income areas to enable them to pick up unsold produce at the end of the market day. The
    Department will work with the Farmers Market Federation of NY, the NYS Food Bank
    Association, the NY Farm Bureau, and individual food banks to encourage communication among
    farmers market sponsors and emergency food operators that could facilitate increasing donations
    that would benefit both farmers and community residents in need.

•   The Department is committed to working with the NYC government to facilitate the
    redevelopment of the obsolete, inefficient Hunts Point Terminal Produce Market in the South
    Bronx, a critical public infrastructure facility built in 1967 that handles a majority of fresh produce
    distributed in the NYC metropolitan region and many parts of eastern NY, accounts for an
    estimated $2 billion in sales of fresh produce and 5,000 blue collar jobs, and handles a very large
    volume and variety of NYS fresh produce. The facility’s inadequate cold storage capacity
    necessitates the use of hundreds of refrigerated diesel-powered containers that add significant air
    pollution to the Hunts Point residential neighborhood, exacerbating already severe public health
    problems in the area. The facility’s antiquated design and dimensions result in conflicts between
    truck and rail deliveries that create delays and inefficiencies in delivery and loading and result in
    growers and shippers choosing markets in other cities such as Philadelphia. The Department plans
    to work with Empire State development Corporation, Department of Transportation, New York
    State Energy Research Development Association, Consumer Protection Board, and the
    Comptroller’s Office, as well as with NYC Empire Development Corporation on this effort, which
    is strongly supported by the NYS Apple Association and the NYS Vegetable Growers
    Association.

•   The Department’s Farm to School Program provides direct technical assistance to school food
    service directors seeking healthy locally-grown fresh and processed foods throughout NYS.
    Technical Assistance began in New York City as part of the Kellogg-funded School Food plus
    Initiative focused on three communities in NYC with the highest rates of diet-related disease and
    poor access to healthy food options, all within environmental justice zones. The Department is



                                                                                                        17
       committed to continuing to direct its limited resources to communities with the greatest need as it
       expands local procurement resources to other NY regions.


Recommendation 7: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   If resources permit, and in collaboration with Department of Health, the Department could
       prioritize its educational efforts regarding food safety to small food retailers such as “bodegas” in
       environmental justice communities who are required to attend educational meetings conducted
       under the Women Infant Children retail vendor management program. Such meetings will include
       information on sourcing and merchandising locally grown fresh produce and participating in the
       Department’s “Pride of NY” Program to promote products grown or produced in NY.

Recommendation 8: Diversify and Green the Workforce

       Action Agenda
   •   The Department is working with the NYS Food Industry Alliance to explore a connection between
       the Council on the Environment of NYC’s “Youth market” Program, which trains high school age
       youth in low-income neighborhoods such as the South Bronx in farmers market operation
       (including produce sales) in their own communities, and nearby independent supermarkets that
       might hire trained local youth to stock and sell better-quality (including locally grown) fresh
       produce. The Department will work with Department of Labor and the Food Industry Alliance in
       support of this initiative, and also work with Department of Labor and Department of Education
       (NYS and NYC) on developing a NYC high school training program that would prepare students
       for “green careers” in “healthy food retailing” as either employees or food entrepreneurs. FIA has
       indicated that it would contribute financially to a training program.

   •   The Department has assisted the Council on the Environment of NYC and Cornell Cooperative
       Extension/NY Programs in developing the New Farmer Development Project, under which
       immigrants with previous farming experience in their home countries have been enabled to
       become “new” farmers on rented, borrowed, or purchased land near NYC. Participants are
       provided with the opportunity to market their farm-grown produce to consumers at NYC farmers
       markets, including many in low-income neighborhoods whose residents are of the same ethnicity
       or nationality as the farmers. The result has been the creation of new, economically viable,
       minority-owned farm operations in NY, expanded production of fresh and processed farm
       products in NYS, and an increased number of farmers markets in low-income communities that
       provide needed access to affordable, locally grown, culturally appropriate fresh produce (including
       specialty ethnic produce varieties unavailable anywhere else). The Department will work with
       DOL, DEC, and DOS to explore replication of this successful program in other communities in
       NYS with populations that include former farmers as well as farmers markets that serve
       neighborhoods that lack access to fresh local foods.

   •   The Department has committed to outlining and assessing the feasibility of a Youth Employment
       in Urban Agriculture Program in partnership with community-based groups throughout NYS. The


                                                                                                         18
focus of the potential program is 16-24 years olds who are enrolled in school. The priority is
based on feedback from Community Gardening leadership who has participated in the shaping of
the Department’s program as well as specific organizations hoping to employ this at-risk
population. The Department will work in partnership with sister agencies, especially DOL and
DEC, to outline a “green jobs” program that would provide job training, access to GED and other
educational opportunities, and ultimately job opportunities.




                                                                                            19
                                     NEW YORK STATE
                     DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC)
                       ENVIRONMENTAL JUSTICE INTERAGENCY TASK FORCE
                                              ACTION AGENDA


I.       General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to Decision
Making Processes

     Action Agenda
     • DEC has compiled a list of all Boards, Task forces, Committees and Commissions in
        which DEC is a participant. DEC has identified over 250 such groups, either DEC
        internal, quasi-public, interstate, or interagency. DEC will review the list to ensure that
        there is representation from community members or environmental justice advocates where
        appropriate. Once the review is complete, the agency will identify opportunities for
        involvement and invite environmental justice community representatives to participate.
        DEC will also continue the Environmental Justice Advisory Group to ensure there is a
        forum specific to environmental justice and will address issues that are before the
        Department of Environmental Conservation.

     •   DEC’s Office of Environmental Justice will work with the Division of Public Affairs to
         update its website to ensure more availability and access to information. The Office of
         Environmental Justice will also serve as the community liaison for the public for
         comments and questions regarding access to information, such as public notices or
         hearings and Freedom of Information procedures.

     •   DEC will improve its method of translating documents. While DEC does translate many
         documents, the agency will review opportunities to have more web information and public
         brochures translated and establish a protocol for future translations of public documents
         across all sectors at DEC.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   DEC will continue working with environmental justice stakeholders to address
         recommendations to the Task force and to follow through with proposed action items.

     •   DEC will broaden its outreach to environmental justice stakeholders by holding meetings
         with local community groups in environmental justice areas throughout the State to ensure
         all voices are being heard.

     •   DEC will offer interested environmental justice groups and organizations across the State a
         one year free subscription of the Conservationist Magazine; or the Conservationist Kids
         Magazine to interested organizations that provide youth programs.


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   •   DEC will invite environmental justice stakeholders to join a list serve that automatically
       sends Environmental Notice Bulletin updates. The Environmental Notice Bulletin
       provides notices for public hearings, public comment periods, notice of complete
       applications and State Environmental Quality Review Act reviews.

   •   DEC will hold monthly meetings with the DEC Advisory Group and, through its internal
       environmental justice work, collaborate with all divisions to provide more opportunities
       for public input and information availability/sharing.

Recommendation 3: Create a New York State Environmental Justice Database and Map

       Action Agenda
   •   DEC will chair a Work Group consisting of representatives from several agencies and two
       representatives from environmental justice organizations and one New York based
       technology company or college who has expertise in geospatial information systems (GIS).
       A GIS Workgroup composed of diverse agencies will be co-chaired by one member from
       the Deptartment of Environmental Conservation and one of the other member agencies.
       The Work Group will create a statewide Environmental Justice GIS Database for use by
       agency staff and policymakers to identify environmentally overburdened communities of
       concern. This database will assist the state in prioritizing future policies, permitting,
       planning or funding to improve the environment in overburdened communities.

       The GIS Workgroup will:
            Produce a white paper describing the GIS data layers available from each agency that
            can be included in the GIS Database. Determine issues that will present challenges
            to development of the GIS Database such as accuracy, completeness and timeliness
            of data, differing geographic bases for data such as zip codes and census tracts, scales
            at which data layers were created, and privacy considerations.

            Examine other applications of GIS for comprehensive environmental justice analysis
            and urban planning, such as the Coalition for a Livable Future’s Portland Equity
            Atlas and U.S. EPA’s Environmental Justice Smart Environmental Assessment Tool,
            and determine the analyses and methods in these applications can be adopted for use
            in developing the Environmental Justice GIS Database.

            Determine a standard geographic base area for maps and analyses in the GIS
            Database (e.g. census tracts) or determine a standard method for data analysis that
            does not rely on base geography, such as converting all data layers to rosters (GIS
            data layers that are based on pixels rather than lines, points and polygons).

            Based on the available GIS data and analytical methods, determine the criteria for
            designating environmental justice communities. The input of representatives from
            environmental justice organizations in the Workgroup will be particularly valuable at
            this stage. Based on the available GIS data and analytical methods, determine the




                                                                                                       21
            criteria for designating environmental communities of concern or communities of
            disproportionate impact.

            Carry out the appropriate analyses to identify disproportionate environmental justice
            areas and produce a series of maps and tables describing them. These maps and
            tables will comprise the Environmental Justice GIS Database.

   •   DEC will add the Environmental Justice GIS Database to the DEC Geodata Inventory to
       facilitate access to this database by the other State agencies and the public. The Geodata
       Inventory is an online catalog that provides descriptive information about how, when and
       by whom a specific set of data was collected and how the data is formatted and can be
       accessed. The inventory is organized by subject area and can be browsed to find a specific
       topic. The inventory can also be searched using a variety of tools based on specific
       criteria, including location, keywords, categories, or time periods. Once in the Geodata
       Inventory, the Environmental Justice GIS Database will be available to download from the
       New York State GIS Clearinghouse or other sources.

   •   Prior to completion of the environmental justice GIS Database, the Potential
       Environmental Justice Area data set that is currently used by DEC will be added to the
       DEC Geodata Inventory, where it may be viewed alone or in conjunction with other
       environmental data by other state agencies and the general public. The Geodata Inventory
       may be accessed on the DEC website at http://www.dec.ny.gov/pubs/212.html.


Recommendation 4: Offer Technical Assistance Grant Programs

       Action Agenda
   •   DEC will draft criteria and suggestions for an environmental justice Technical Assistance
       Grant program similar to the technical assistance programs available through DEC for the
       Superfund and Brownfield sites.

   •   DEC Superfund and Brownfield site technology assistance grants are authorized for up to
       $50,000. Under current law, funds are used to evaluate the information developed about
       site (property) contamination by Department of Environmental Conservation, Department
       of Health, remedial parties and their consultants. Activities eligible for technical assistance
       grant funding include disseminating information to the community about the nature of the
       hazard of contaminants at the site and remedial activities associated with the site that have
       been and/or will be performed under the State Superfund Program or Brownfield Cleanup
       Program.

Recommendation 5: Develop Environmental Justice and Sustainability Provisions in Permitting

       Action Agenda
   •   DEC will revise Commissioner Policy 29, which, among other things, addresses permitting
       in environmental justice areas by requiring enhanced public participation plans before an
       application is complete. Possible revisions may address new permits, renewals, and


                                                                                                         22
      registrations, as well as enhanced environmental assessments in the initial phases of a
      proposed project or action.

  •   DEC is also revising the Environmental Assessment Form, which is filled out by
      applicants during the State Environmental Quality Review Act (SEQRA) review and prior
      to the issuance of any permits. The revisions will contain language that will help identify
      projects in environmental justice areas and potential adverse impacts in environmental
      justice communities. DEC also plans to revise the SEQRA- 6 NYCRR § 617. DEC will
      provide information and seek public input throughout the process.

  •   DEC will create additional measures and criteria to capture impacts associated with siting
      of facilities or permitting in overburdened communities, including i) working on the
      environmental justice GIS workgroup and developing maps to assist in identifying areas
      properly, ii) working collaboratively with Department of Health to require applicants to
      conduct a Health Outcome Data Analysis of an environmental justice community during
      the SEQRA environmental impact assessment phase and, iii) denying projects for not
      complying with the enhanced public participation requirements in environmental justice
      areas, under Commissioner’s Policy 29, or other policies and guidance.

Recommendation 6: Give Priority to Environmental Justice Communities in Relevant RFP
Requirements, Scoring Systems for Funding, Assistance and Training Programs

      Action Agenda
  •   DEC will identify all sources of funding for grants allocated by or to DEC and will review
      them to ensure that the programs identify ways to prioritize funding for beneficial projects
      or programs, and sustainable development in environmental justice areas.

  •   DEC will serve as a resource for other agencies to help them prioritize funding for
      beneficial projects or programs and sustainable development in environmental justice
      areas. Several examples for prioritizing environmental justice communities follow:

           Provide additional points in the award scoring criteria of new and existing grant
           programs for projects which benefit environmental justice communities. The
           Request for Applications should request information on the project location and a
           brief description of how the project will benefit minority or low-income populations
           that experience disproportionate adverse environmental impacts, such as, pollution
           from multiple industrial facilities; sub-standard water quality; concentrated diesel
           emissions from bus depots or other heavy vehicle traffic; adverse health effects
           related to environmental impacts such as high asthma rates; lack of access to green
           benefits such as open space, environmental education or parks; or other such impacts.
           Reviewers should assess applications to determine whether the project locations are
           in or near environmental justice communities and, based on the project descriptions,
           whether the projects will address environmental justice issues in those communities.

           Create funding programs to specifically address environmental justice issues, such as
           the DEC’s Environmental Justice Community Impact Grant Program. This grant


                                                                                                     23
           program provides funding to community groups for projects that address exposure of
           communities to multiple environmental harms and risks, and prioritizes awards to
           projects that serve a minority and/or low-income community or Environmental Zones
           (see description below).

           Provide additional scoring points in the award scoring criteria of existing grant
           programs for projects located in, or benefiting, Environmental Zones (En-Zones).
           For instance, quality improvement program grant awards could be prioritized in
           designated “Environmental Zones.” The Empire State Development Corporation
           designated Environmental Zones for the purpose of providing tax incentives for
           brownfield redevelopment and uses the following criteria:
               census tracts with a poverty rate of at least 20% according to the 2000 Census,
               and an unemployment rate of at least 125% of the New York State average; or
               A poverty rate of at least double the rate for the county in which the tract is
               located. Maps of Environmental Zones in each county can be found on the ESDC
               Brownfield               Redevelopment                  website             at:
               www.empire.state.ny.us/Brownfield_Redevelopment/Default.asp.

         Provide additional scoring points in the award scoring criteria of existing grant
         programs for projects located in, or benefiting, Brownfield Opportunity Areas (BOA).
         Priority may be given to projects located in areas that have received a BOA designation
         from the Department of State (DOS), or are within a municipality that contains one or
         more BOAs. This criterion would prioritize municipalities that have a legacy of
         environmental contamination and are actively working in partnership with
         organizations to plan for cleanup and redevelopment. It also would serve as yet another
         incentive for municipalities to take advantage of the BOA program. A listing of
         current         BOA            projects         can          be         found         at
         http://www.nyswaterfronts.com/BOA_projects.asp#top.


Recommendation 7: Prioritize Enforcement Action and Pollution Reduction Programs and
Resources in Environmental Justice Communities

      Action Agenda
  •   DEC will prioritize enforcement actions in environmental justice communities. The Office
      of Environmental Justice will provide environmental justice maps or other assistance to
      identify environmental justice areas and facilitate potential enforcement.

  •   DEC’s Office of General Counsel will work collaboratively with communities to create
      community-specific environmental justice Inspection and Enforcement Action Plans.
      Collaboration with communities will help identify hot spots or areas of concern, which can
      form the basis for investigations and possible enforcement. Earlier this year, DEC Region
      4 staff in collaboration with community representatives implemented a pilot environmental
      justice Inspection and Enforcement Action Plan. The plan targeted alleged violations in
      the Arbor Hill community of Albany, NY. The community specific approach proved to be
      a comprehensive approach to enforcement in an environmental justice area.


                                                                                                    24
   •   DEC will further encourage and facilitate the use of Environmental Benefit Projects (EBP)
       in environmental justice areas when reviewing potential settlement of enforcement actions.

   •   When enforcing environmental laws and regulations, DEC has authority to use an EBP as
       part of an overall settlement agreement with a respondent. EBPs are intended to improve,
       restore, protect, and/or reduce risks to public health and/or the environment beyond that
       achieved by respondent's compliance with applicable laws and regulations. Commissioner
       Policy - 37, Environmental Benefit Projects (EBPs) outlines the use of EBPs in settlement
       agreements and includes a preference for projects that benefit Environmental Justice areas.
       See policy at http://www.dec.ny.gov/regulations/25231.html. The benefits of EBPs are
       numerous, however, identifying good projects can be difficult at times. To help identify
       community-specific EBPs, DEC will establish procedures to collect EBP ideas from the
       public, prioritize EBPs that benefit environmental justice areas, and make them available to
       staff, respondents and the public.

   •   DEC Office of Environmental Justice along with the Department of Law Enforcement will
       investigate the possibility of implementing a regional or systematic enforcement program
       for small stationary sources of air pollution, pesticide enforcement sweeps of public
       housing and buildings, and a targeted permit enforcement program for solid waste and
       construction and debris facilities in environmental justice communities.

Recommendation 8: Diversity and Green the Workforce

       Action Agenda
   •   DEC will do more outreach at community colleges and other educational institutions and
       their respective student job placement units in urban or environmental justice areas, and do
       more outreach with Black, Latino and minority student organizations. As part of this
       outreach, DEC will work with Civil Service and DOL to provide information on
       employment with governmental agencies through Civil Service. DEC will also review and
       target more opportunities to participate in green worker training, “career days” or other
       events for showcasing certain careers at DEC. Additional multi-media forums will be
       explored such as public air waves or public service announcements.

   •   DEC will work with the Governor’s Green Worker Task Force to develop outreach and
       training programs for green jobs in environmental justice areas throughout the state.

   •   DEC will prepare a Managing Diversity and Retention training for the agency itself to be
       ready for the arrival of a new diverse workforce. This will help the agency go from
       recruitment, to reception, and ultimately increase retention of a diverse workforce.




                                                                                                      25
Recommendation 9: Provide Environmental Justice Training for Agency Staff

          Action Agenda
      •   DEC will review environmental justice training programs from EPA and/or other states to
          help develop this statewide program. A workgroup with state agency representatives is
          suggested to finalize criteria and the program.

      •   DEC will work with representatives from the State’s Indian Nations in developing and
          implementing sensitivity training for staff under the newly adopted Indian Nations Policy:
          Contact, Cooperation and Cooperation with Indian Nations.
          See : http://www.dec.ny.gov/docs/permits_ej_operations_pdf/cp42.pdf

II.       Draft Specific Recommendations and Agency Actions

Green Infrastructure (GI)

          Stakeholder Recommendation
      •   NYS should create a policy that identifies and encourages the best green infrastructure
          technology to abate run-off and discourage practices that increase grey infrastructure.

      •   NYS should create a new funding source for green infrastructure and a separate Office of
          Green Infrastructure. The Office should include citizen input in green infrastructure
          decision-making. Possible funding sources include monies collected from fines and
          monies deposited into Environmental Benefit Projects.

      •   NYS should require that local governments include significant green infrastructure in Long
          Term Control Plans. This and other mechanisms to promote green infrastructure provide
          numerous benefits, including green jobs to construct, manage and monitor green
          infrastructure.

          Action Agenda
      •   DEC is planning a Managing Wet Weather and Green Infrastructure Conference which
          will explore: the current status of GI technologies; potential uses of GI; case studies of GI
          implementation in cities and environmental justice communities; mechanisms to encourage
          or require GI implementation in environmental justice and other communities; the
          effectiveness of GI and cost of implementation, including maintenance costs; and potential
          funding sources for GI implementation.

      •   DEC has established a Green Infrastructure Work Group that is sponsoring the conference.
          The GI Work Group is also exploring ways to: develop support for GI within DEC;
          incorporate GI in various regulatory programs; administer GI programs; and fund GI,
          including using money from fines, penalties and environmental benefit Projects. The
          conference will involve environmental justice community participation.

      •   DEC will encourage municipalities that develop Combined Sewer Overflow System (CSO)
          Long Term Control Plans (LTCPs) to integrate methods of reducing stormwater flow into


                                                                                                          26
       the CSOs. DEC will seek to have municipalities that are developing LTCP integrate
       stormwater Best Management Practices (BMPs) into those plans.

Air Quality and Emissions

Stakeholder Recommendation

   •   Address the problems of air pollution emissions from smaller sources.

   •   Address air toxic emissions from all sources.

   •   Facilities should also be required to document what steps they are taking to upgrade their
       facilities as new emission control technologies or methods are introduced in the market.
       NYSDEC should take a more proactive role in pollution control strategies and investigate
       strategies implemented in other areas of the country and other countries.

       Action Agenda
   •   On October 31, 2008, DEC launched a long-term enforcement action to cut down on the
       health risks associated with smoking and idling diesel trucks and buses throughout New
       York City, especially in communities that have been disproportionately impacted by
       pollution. The effort is being led by the Office of Environmental Justice, working with
       DEC’s Law Enforcement Office. The City of New York is joining DEC in this
       enforcement action. A joint state-city pilot enforcement crackdown in November and
       December 2007 in East Harlem — a neighborhood with high asthma rates and heavy truck
       traffic — found that thousands of diesel trucks are violating the laws designed to protect
       our citizens. The experiences gained through this crackdown served as the basis for the
       long-term plan to continue the enforcement action.

   •   Every month DEC will implement a DEC police pullover operation in one of the five NYC
       boroughs and issue tickets to diesel trucks that are spewing out dirty smoke in violation of
       air regulations, particularly in environmental justice communities. Each time a smoking
       truck enforcement action is set up, DEC and NYC will also concentrate on hot spots of
       idling trucks and buses in the same area and issue tickets for idling. The long-term
       enforcement plan will focus on hot spots where heavy truck traffic enters or exits a
       neighborhood, such as on bridges and feeder streets, or in areas where diesel trucks are
       found to congregate, such as wholesale markets, waste disposal facilities, and
       transportation hubs.

   •   In addition to the implementation of this plan in New York City, on Earth Day 2009, DEC
       took similar enforcement actions in urban areas throughout the state. The statewide action
       was also very successful and will be continued in all DEC regions. All statewide pullover
       operations will target Potential Environmental Justice Areas.

   •   DEC will implement an outreach program, “I-Watch Teams,” to assist the community in
       identifying idling hot spots, and in informing the trucking and bus operators of their legal
       responsibilities.


                                                                                                      27
•   DEC Commissioner Policy-29 established a requirement for supplemental compliance and
    enforcement inspections of regulated facilities where there is reason to believe that such
    facilities are not operating in compliance with the NYS Environmental Conservation Law.
    The intent of the supplemental inspections is to ensure that inspections are being conducted
    equitably in environmental justice communities and that any resulting enforcement actions
    for violations in environmental justice communities are prioritized.

•   The DEC Division of Air Resources Environmental Justice "Supplemental Inspection"
    initiatives have primarily focused on inspections of NYC dry cleaners and Long Island dry
    cleaners, a street-by-street review of small sources in the East Harlem area of Manhattan,
    and a review of major streets in the City of Syracuse. Expanding upon the Stop Smoking
    and Idling Trucks and Buses initiative and Supplemental Inspection initiative, the DEC
    Office of Environmental Justice will investigate the possibility of implementing a
    systematic enforcement program for small stationary sources of air pollution in
    environmental justice communities.

•   In August 2008, DEC Commissioner Grannis unveiled the new Pollution Prevention
    Institute (NYSP2I). The Institute, housed at the Rochester Institute of Technology, is a
    research and development center that will design and test green manufacturing methods
    and provide technical support to businesses for pollution reduction measures that will help
    make them more competitive. The mission of NYSP2I is to make New York State more
    sustainable for workers, the public, the environment, and the economy through reductions
    in toxic chemical use, emission releases and waste generation. Additionally, the Institute
    promotes the efficient use of raw materials, energy and water. NYSDEC staff has been
    involved since the inception of this institute and will continue to be involved in the
    development of pollution reduction measures and advocate for the implementation of those
    technologies in EJ communities.

•   DEC will look at requiring small facilities (with State Facility permits and registration
    applications) to provide detailed facility information to DEC. This will be accomplished
    by reviewing and proposing revisions to 6 NYCRR Part 201. The revisions will require
    facilities to provide a list of all regulated air pollutants emitted from the facility and
    information on the type, rate and quantity of emissions in sufficient detail for DEC to
    determine applicable State and Federal requirements for the facility. Facilities would also
    be required to report a description of all process and their associated emission sources; and
    all emission points with detailed information to facilitate modeling of emissions.

•   DEC will review and recommend a New Source Review (NSR) type program for minor
    sources, which are not subject to NSR. This minor source NSR program could consider
    requiring Best Available Control Technology (BACT) in non-attainment areas. DEC has
    developed a reasonably available control technology (RACT) program that requires control
    for existing sources. RACT is a retrofit program that is applicable to major sources only.
    DEC may be able develop a RACT program for minor sources that will assist in improving
    air quality statewide and in non-attainment areas and EJ communities. Additionally, the
    State could consider creating programs that provide incentives to reduce toxic chemical use


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    and promote the efficient use of raw materials, energy and water. In addition to incentives,
    this program could suggest ways that businesses and individuals could replace, repair or
    maintain equipment to increase efficiency and reduce energy usage.

•   DEC will recommend a partnership be developed with other agencies such as NYSERDA,
    NYSDOT, and Metropolitan Transit Authority (MTA) to create a job training program for
    retrofitting of vehicles with emission control devices. California Air Resources Board
    (CARB) has recently proposed a regulation that would require truck owners to install diesel
    exhaust filters starting in 2010, with nearly all vehicles upgraded by 2014. CARB has
    proposed providing $1 billion in funding assistance for business owners to comply with the
    proposed regulation. New York State may wish to implement a similar funding program.
    DEC may be able to work collaboratively with State Education Department on reducing
    school bus emissions, through a ‘fuel neutral’ approach, that is one that selects the fuel type
    and emissions reduction equipment producing the lowest emissions.


•   DEC will develop an Air Quality Management Plan (AQMP) that takes a critical look at air
    toxics. DEC is engaged in a ‘first-of-a-kind’ multi-pollutant air quality planning pilot
    project with EPA called the AQMP. DEC’s goal for the AQMP project is to develop an
    all-encompassing air quality plan that will look holistically at air quality planning by
    including criteria air pollutants, air toxics, climate change, transportation, energy and
    environmental justice. EPA is intending to use this project to create a national model for
    integrated air quality planning and New York State has been chosen as one of the three
    areas nationally with North Carolina and St. Louis metropolitan area. DEC is including air
    toxics (or HAPs) planning in the project. The project is in the conceptual model design
    phase and will be involving stakeholders, including the environmental justice community,
    in the AQMP development process.

•   Revise Part 201. Current revisions to 6 NYCRR Part 201, address air toxic emissions from
    smaller facilities, those with a State Facility permit or registration certificate. Specifically,
    changes to Subpart 201-3, Exemptions and Trivial Activities, introduce a subset of State
    Hazardous Air Pollutants (SHAPs), entitled Priority SHAPs (P-SHAPs), each with their
    own negligible emission limits (pounds per year). The P-SHAP list is comprised of
    chemicals that represent a public health concern at low emission rates. The list was
    identified by selecting urban air toxics (identified in CAAA Section 112(k)) and/or those
    that have been assigned a High Toxicity classification under Guidelines for the Control of
    Toxic Ambient Air Contaminants (DAR-1).

•   Existing facilities having the potential to emit P-SHAPs above the negligible emission
    limits in Part 201-3 would need to submit an application for a State Facility Permit.
    Facilities taking a cap of actual emissions that are fifty percent of the negligible emission
    limit in Part 201-3 can be eligible for a Registration. No facility will be eligible for an
    exemption to obtain a permit if the facility emits a P-SHAP compound. The development
    of a defined P-SHAP list will enable DEC to develop effective air toxics management
    strategies for urban areas and environmental justice communities by providing a good
    baseline of HAPs emissions information.


                                                                                                        29
   •   Revise Part 212. Current revisions to 6 NYCRR Part 212, address air toxic emissions from
       large facilities, those with Title V permits. The proposal will result in an improved
       emissions inventory collection and an enhanced risk screening ability to ensure all permits
       and registrations issued by DEC are protective of public health and the environment. The
       proposal also will aide DEC in developing comprehensive air pollution management and
       risk reduction strategies in urban areas and communities across New York, including
       environmental justice communities. The proposal will also provide a State regulatory
       backstop to the federal program to address deficiencies in the federal program and will
       enable DEC to address specific air toxics issues that are unique to New York. In summary,
       the most important aspect of the proposed revisions is development of a database for the
       continuation of forty years of work on researching, documenting and developing an
       understanding of the environmental causation of morbidity and mortality and
       environmental change.


Polluted Waterways

       Stakeholder Recommendation
   •   New York State should identify highly-polluted bodies of water and target those water
       bodies for holistic enforcement action.

   •   Increase and expand penalties for polluting waterways.

       Action Agenda
   •   In an attempt to develop a strategy for reclaiming our polluted urban waterways, many of
       which run through environmental justice communities, DEC is engaged in an initiative at
       the Buffalo River to identify ongoing sources of pollutants being discharged into the river
       and refer those sites to the appropriate program (oil spill, solid waste, hazardous waste) for
       disposition. DEC is also investigating historic sources of contamination to the river and
       exploring resources (from within DEC, outside agencies, and responsible parties) for
       studying the nature and scope of contaminants in the river. Working with the Buffalo
       Niagara Riverkeeper organization and federal agencies, DEC will develop plans for
       remedying the adverse impacts. At the same time, DEC is undertaking a natural resource
       damage assessment (in conjunction with federal trustees), which will result in the creation
       of plans for restoring the river.

   •   Additionally, DEC and EPA are involved in a joint enforcement action against the Buffalo
       Sewer Authority (BSA) for discharges from Combined Sewer Overflows (CSOs), some of
       which discharge into the Buffalo River. This enforcement action will result in a consent
       order which will require BSA to develop and implement a CSO Long Term Control Plan
       (LTCP). The LTCP will require measures to reduce the CSO discharges into the Buffalo
       River.

   •   DEC will use the experiences of the Buffalo initiative to design plans for similar initiatives
       at other urban waterways throughout the State, such as Utica, Albany and New York City.


                                                                                                        30
      The goal, and commitment, of these combined efforts is to clean up the waterway to the
      maximum extent possible, and restore it as a natural resource for the people of the adjacent
      and wider community.

  •   The intent of DEC’s Civil Penalty Policy is to deter violations and penalize violators. The
      current penalty assessment guidelines for polluting the waters of the State were developed
      in 1988. DEC is working to update these penalty guidelines to account for the current
      regulatory span of the State Pollutant Discharge Elimination System program.

Wetlands

      Stakeholder Recommendation
  •   Consider amendments to Environmental Conservation Law (ECL) Article 25 (tidal
      wetlands) and Article 24 (freshwater wetlands) to expand adjacent (buffer) areas.

  •   Cultural usage of wetlands (e.g. fishing) should be taken into account during the
      classification process.

  •   Increase penalties for ECL Articles 24 and 15 violations and direct moneys into dedicated
      accounts that can be used only to offset damage from violations.

      Action Agenda
  •   Tidal wetlands, (covered under Article 25) can have buffers of up to 300 feet. Freshwater
      wetlands (covered under Article 24) have 100 foot buffers. However, DEC can extend
      adjacent area boundaries for wetlands covered under Article 24, if warranted, to protect the
      wetland. Specific recommendations for extending the adjacent area boundary for particular
      wetlands will be evaluated by DEC’s wetlands staff. Proposals to expand the area adjacent
      to a wetland should be sent to the appropriate regional freshwater wetland program staff
      such as the regional habitat manager or regional wildlife manager. The proposal should
      include the wetland number (if known) and location. The proposal should also include
      justification for extending the adjacent area, including the reasons the extended adjacent
      area is needed to protect the benefits and functions of the wetlands.

  •   DEC is currently drafting revisions to 6 NYCRR, Part 664, Freshwater Wetlands Maps and
      Classifications. While the topic of incorporating the usage of wetlands for fishing, hunting,
      and recreation into the classification procedures has not been discussed, DEC will continue
      to investigate mechanisms for providing higher classification to wetlands occurring in
      urban areas. When a draft is finalized, it will be made available for public comment.

  •   DEC will investigate and pursue mechanisms to keep track of fines and fees stemming
      from Articles 15 and 24 violations and investigate whether fees can go into an account that
      can be used to improve program delivery or mitigate violations.




                                                                                                      31
Pesticides

       Stakeholder Recommendation
   •   Promote alternatives to pesticide use in residential housing and government buildings for
       pest management. Create an occupant educational campaign to reduce pests in buildings.
       Encourage the use of integrated pest management (IPM) baits and gels in public and
       private buildings.

       Action Agenda
   •   DEC’s primary statutory pesticides program pertains to registration, sale, and use.
       Additionally, DEC has an alternative pest management program focused on residential and
       school settings (not government). DEC will add a page to its website, with information on
       alternative pest management methods for residential settings and provide links to "green
       living" pages on the DEC website as well as links to other, more detailed resources on
       those subjects.

   •   DEC recognizes the need for, and benefits of, a broad outreach campaign. However, fiscal
       and staff resource limitations prohibit DEC’s ability to independently conduct such a
       campaign. DEC staff will investigate outreach campaigns of other entities, such as U.S.
       EPA and Cornell University, to determine whether DEC can collaborate with them on
       outreach. To date, several viable programs have been identified, and DEC staff will
       further explore these programs. For example, EPA conducts training on integrated pest
       management in affordable housing and very recently expressed interest in working with
       DEC to hold such training in New York State. However, funds needed for these activities
       are not currently available. The DEC Division of Solid & Hazardous Materials will
       request Fiscal year 2009 funding to hold this training in 3 or 4 major cities in upstate NY.
       Availability of such funds would be subject to fiscal constraints.

   •   DEC will review its policy on Total Release Foggers. In the wake of Center for Disease’s
       report highlighting the risk of explosions, fires, and acute illnesses from the use of total
       release foggers, also known as “bug bombs,” New York State is moving to make these
       products restricted use, meaning that only certified applicators would be able to obtain and
       use them. At the same time, DEC and DOH will be exploring other possible actions that
       may be required to lessen the hazards of these products.

   •   DEC is planning to implement a pilot project, in Region 3 (Hudson Valley), involving
       targeted sweeps of pesticide use, application, and related pesticide enforcement matters in
       public housing units and other public buildings or facilities.

Defining “Environmental Justice”

       Stakeholder Recommendation
   •   Define “environmental justice group” to ensure that the Task force engages representatives
       who truly speak for the environmental justice communities.



                                                                                                      32
    Action Agenda
•   DEC established the New York State Environmental Justice Advisory Group, which is
    directed and chaired by DEC staff and includes representatives from environmental justice
    advocacy groups, state, local and federal government, environmental organizations, and
    business.

•   The Advisory Group meets several times a year and provides independent advice and
    recommendations to DEC on matters relating to environmental justice, including the
    integration of environmental justice principles into the DEC's programs, policies,
    regulations, legislative proposals and activities. More information on the DEC
    Environmental Justice Advisory Group can be found on DEC’s website at
    http://www.dec.ny.gov/public/907.html.

•   DEC will refer this recommendation to the DEC Environmental Justice Advisory Group for
    consideration.




                                                                                                33
                                    NEW YORK STATE
                            DEPARTMENT OF HEALTH (DOH)
                     ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                                DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: 1)      Provide for Increased Community Representation and Access to
Decision Making Processes

         Action Agenda
     •   NYSDOH has databases for many health outcomes and produces data tables for geographic
         areas such as the county, New York City, or New York State as a whole. The health data
         for these outcomes are collected from throughout the state through uniform collection
         systems such as birth and death certificates or hospital reporting (e.g., cancer registry,
         Statewide Planning and Research Cooperative System [SPARCS]), etc.). Health data are
         available on NYSDOH’s web site at http://www.health.state.ny.us/statistics/

     •   NYSDOH has a public access environmental public health tracking web site
         (http://www.health.state.ny.us/statistics/environmental/public_health_tracking/)            that
         includes data on health outcomes relevant to environmental justice concerns. NYSDOH is
         developing a tool to allow users to query health outcome and environmental data to create
         maps, charts and tables. Available health outcomes will include asthma hospitalizations,
         birth defects and heart attack hospitalizations, and data will be available at the county level.
         NYSDOH plans to add more environmental and health outcome data, to further customize
         and cross-tabulate data, and to offer maps and data displays for smaller geographic areas.
         NYSDOH plans to improve its public website to provide easier access to information
         relating to environmental justice.

     •   Availability of health outcome data for smaller areas such as ZIP codes or ZIP code
         groupings is important for the review health outcome data for permits under NYSDEC’s
         Commissioner’s Policy 29 and for some environmental surveillance activities. Currently,
         data for asthma hospitalizations and four types of cancer are available on NYSDOH’s web
         site. NYSDOH is in the process of making more health data available in tables for ZIP
         codes or ZIP code groupings and posting these data tables on NYSDOH’s public web site
         for use by agencies, advocacy groups, businesses, residents, etc. NYSDOH will give
         priority to data sets for health outcomes with disparities in environmental justice areas (e.g.,
         elevated blood lead levels, low birth weight) in making decisions about the next data sets to
         be developed for release by ZIP codes or ZIP code groupings.

     •   In addition, NYSDOH recently developed a web-based tool that identifies hospitalization
         rates by ZIP code level for conditions generally considered preventable with access to good
         primary care. The conditions fall into four areas: circulatory, diabetes-related, respiratory,
         and acute conditions. The Prevention Quality Indicator website is available at:
         https://apps.nyhealth.gov/statistics/prevention/quality_indicators/start.map



                                                                                                            34
   •   NYSDOH is reviewing its over 100 committees, councils, working groups, advisory
       groups, etc. to identify those for which it may be appropriate to include representation from
       the affected community.

Recommendation 3: Create a New York State Environmental Justice Database and Map

       Action Agenda
   •   NYSDOH Center for Environmental Health is working with NYSDEC to incorporate the
       review of health data into environmental permitting of major projects under NYSDEC’s
       Commissioner’s Policy 29. NYSDOH is making some health data available on NYSDOH’s
       public web site in tables for ZIP codes or ZIP code groupings; ZIP codes can be combined
       to correspond to the community of concern for an environmental permit or to a particular
       environmental justice community. There is a statewide recommendation for NYSDOH,
       NYSDEC, and other agencies to develop an environmental justice database and map, which
       will incorporate demographic, environmental, and other data to define environmental justice
       communities. NYSDOH will recommend ways that health data can be integrated into the
       system. With such a system, a profile for an environmental justice community could be
       created that would include information on demographics, facilities, transportation, housing,
       disease rates, etc.

Recommendation 5:        Develop Environmental Justice and Sustainability Provisions in
Permitting

       Action Agenda
   •   NYSDOH’s Center for Environmental Health (CEH) worked with NYSDEC to incorporate
       the review of health data into environmental permitting of major projects under NYSDEC’s
       Commissioner’s Policy 29. CEH will work with NYSDEC as it identifies other initiatives
       for which review of health data would be useful and will assist in developing methods for
       incorporating health data into these additional NYSDEC activities.

   •   One option is to develop a role for review of health data by NYSDOH in NYSDEC’s
       review of new permit applications, especially in environmental justice or overburdened
       communities. Suggested options include a requirement by NYSDEC for a Health Impact
       Statement, which would be a supplement to the Environmental Impact Statement, for all
       new projects that could pose an increased public health risk and conducting health profiles
       in environmental justice communities and making this information accessible to the
       community and permit applicants.

   •   The review of health outcome data under NYSDEC’s Commissioner’s Policy 29 has
       recently been implemented, and NYSDOH and NYSDEC staff and applicants are gaining
       experience with the process. The method for display and review of health outcome data was
       developed with careful consideration by the Health Outcome Data Workgroup, which was
       composed of individuals with technical knowledge and experience in environmental health,
       toxicology, epidemiology, risk assessment and environmental sciences. Working with
       NYSDEC’s Office of Environmental Justice, the workgroup reported on its progress to the
       NYSDEC Environmental Justice Advisory Group. The workgroup’s report describes a


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          method to produce displays of health outcome data for a community of concern and to
          compare these data with health outcome data for multiple comparison areas. The workgroup
          emphasized that the data displays describe the health status of a community at one point in
          time, but the data displays provide no information about the causes of any increase or
          decrease in rates of disease between the community of concern and the comparison areas.
          The report also recommends ways that NYSDEC can consider the health outcome data
          review in the permitting process. The process used to obtain technical input into the
          development of the methodology could be a model for similar future initiatives.

          Documents available include the final Health Outcome Data report at:
          http://www.dec.ny.gov/docs/permits_ej_operations_pdf/hodreport.pdf.

          A guidance document can be found at:
          http://www.health.state.ny.us/environmental/investigations/environmental_justice/.

Recommendation 7: Prioritize Enforcement Actions and Pollution-Reduction Programs and
Resources in Environmental Justice Communities

          Action Agenda
      •   Although NYSDOH does not have responsibility for enforcement actions, NYSDOH works
          actively with NYSDEC on issues of concern in environmental justice communities in many
          program areas, for example, in the Brownfields and Superfund programs and on
          development of air guideline concentrations and soil cleanup objectives.

      •   Many NYSDOH programs target areas with increased health risks, and these areas overlap
          with environmental justice communities. For example, NYSDOH is working closely with
          statewide partners under the New York State Asthma Plan- especially in areas where
          asthma hospital discharge rates are highest, many of which are environmental justice
          communities- on initiatives such as the 11 regional asthma coalitions; the Healthy
          Neighborhoods Program; and health studies on the association between asthma and various
          air contaminants and on factors contributing to asthma in the school and home
          environments. Examples of other NYSDOH programs that target at-risk areas and have a
          strong presence in environmental justice communities include the Childhood Lead
          Poisoning Prevention Program, many food and nutrition programs, and children’s health
          programs.

Recommendation 9: Provide Environmental Justice Training for Agency Staff

          Action Agenda
      •   To raise awareness of agency staff in the area of environmental justice principles and
          concerns, NYSDOH will implement the agency staff training on environmental justice that
          is being developed by GOER and NYSDEC.

II.       Draft Specific Recommendations and Agency Actions

Brownfields and Other Sites


                                                                                                        36
    Stakeholder Recommendation
•   NYSDEC and NYSDOH should provide more detailed information on suspected and
    known Brownfield and Superfund site contamination and history on their websites.

•   NYSDEC and NYSDOH should conduct thorough brownfield investigations of selected
    areas, like the brownfield study that was conducted in Camden, New Jersey.

•   Who can residents contact to discuss abandoned properties in their area and to find out if
    the properties are being investigated and/or listed?

•   NYSDOH should conduct mandatory health testing for families living near Brownfield
    sites. NYSDOH should focus on health disparities between residents living near
    Brownfields and those living away from these sites.

•   Conduct health assessments related to toxic exposures.

    Action Agenda
•   Information on Superfund sites in New York State can be accessed at the Environmental
    Public Health Tracking (EPHT) web page at the NYSDOH web site
    (http://www.health.state.ny.us/statistics/environmental/public_health_tracking/). The user
    can link to information on Superfund sites from the U.S. Environmental Protection Agency
    and public health assessments and health consultations through the U.S. Agency for Toxic
    Substances and Disease Registry. The user can also access NYSDEC’s Environmental Site
    Remediation Database Search for information on Brownfields.

•   NYSDOH works closely with NYSDEC on investigations of Brownfields and contaminated
    sites. The NYSDOH makes recommendations for data collection to evaluate existing or
    potential community exposures, remedial measures to preclude future exposures and, as
    necessary, develop and carry out community health studies. Following the U.S. Agency for
    Toxic Substances and Disease Registry guidelines for health assessments and health
    consultations, the NYSDOH can also provide evaluations of potential exposures and health
    outcomes and make health response and remedial recommendations. NYSDOH will
    collaborate with NYSDEC on any NYSDEC programs relating to Brownfields, including
    programs that may be developed targeting environmental justice communities.

•   Residents living near Brownfield or other sites that have health concerns or seek additional
    information about a site can call NYSDOH’s toll-free Environmental Health Information
    Line at 1-800-458-1158. A staff person from NYSDOH’s Center for Environmental Health
    will contact the individual(s) to discuss the site-related health issue or concern. Depending
    on the concern, the staff person may also direct the resident to additional sources of
    information in other programs such as NYSDOH’s cancer, chronic disease, or toxic
    substances assessment programs or the U.S. Agency for Toxic Substances and Disease
    Registry. The CEH staff person can also discuss available information about the site that
    has been assembled by NYSDEC from various sources, including the local health unit.



                                                                                                    37
•   Residents who wish to discuss a specific site in their area, or who have questions about
    whether a site has been listed, can contact the NYSDEC regional office for their area
    (http://www.dec.ny.gov/about/50230.html), the environmental health staff at the county or
    local health department, or the NYSDOH toll free number listed above.

•   Mandatory health testing for families living near all Brownfield sites is problematic. In
    deciding what actions should be considered at a site, data describing exposure or potential
    exposure is needed. The potential for exposure varies greatly among Brownfield sites and
    other contaminated sites such as state superfund sites. If there is no or very little exposure
    or potential for exposure at a site, health testing or health studies looking for responses to
    exposures will not be useful. The Health Department considers whether or not health
    testing or health studies would be useful at a site based on, but not limited to, how much
    exposure has occurred, how many people have been exposed, and whether it is feasible to
    look for a health outcome that might be related to the exposure. If the chemical can be
    measured in biological media and if information is available about what would be expected
    results in people, the Department can consider biological monitoring.

•   The Health Department has information on some health outcomes for counties and some
    ZIP codes on its web site and is continuing to add additional information. This information
    can be used by communities, whether or not they have been exposed, to describe their
    health status.

•   Large scale health testing of populations living near Brownfields or a health study of people
    living near Brownfields and those not living near Brownfields would not be practical and
    the results could not conclusively show that the health effects found were caused by living
    near the Brownfields. Other important contributing factors to diseases such as cancer,
    respiratory disease, heart disease, etc., include nutrition, heredity, environment, lifestyle,
    and access to health care.

•   NYSDOH conducts a variety of types of health assessments related to exposures to
    contaminants. The type of health assessment conducted depends on the potential for
    exposure. NYSDOH works closely with NYSDEC in assessing levels of contaminants in
    environmental samples. In determining whether a health assessment would be appropriate
    in a particular situation (and what type of health assessment would be appropriate),
    NYSDOH addresses questions such as: How may exposure have occurred? How many
    people may have been exposed? Is it feasible to identify a health outcome that may have
    resulted from exposure? NYSDOH also works with the community to identify their
    concerns and to provide information on potential exposures and health effects. Examples of
    previous health assessments include a follow-up of birth defects, low birth weight, and
    cancer in a community impacted from solvents detected in private wells and indoor air
    during an investigation of a former industrial site, and a follow-up of the same health
    outcomes in a community impacted by contamination of a public water supply well with
    MTBE (a gasoline additive).

•   In addition, NYSDOH works with the U.S. Agency for Toxic Substances and Disease
    Registry on public health assessments (PHAs), which are documents that examine


                                                                                                     38
      hazardous substances, health outcomes, and community concerns at hazardous waste sites
      to determine whether people could be harmed from coming into contact with those
      substances. The public health assessment also lists actions that need to be taken to protect
      public health. NYSDOH or the U.S. Agency for Toxic Substances and Disease Registry
      has written a public health assessment for federal superfund sites in NYS, and NYSDOH
      has also written a public health assessment for some state superfund, Brownfield or other
      contaminated sites. Public health assessments for New York are available at the U.S.
      Agency       for     Toxic      Substances      and      Disease      Registry      website:
      http://www.atsdr.cdc.gov/hac/PHA/HCPHA.asp?State=NY.


Community Gardens

      Stakeholder Recommendation
  •   Provide information to community garden groups related to testing of soil for contaminants
      such as metals and other toxics.

  •   Create a program that provides community gardens with a low-cost mechanism for soil
      testing.

  •   Develop standards needed to conduct health-based testing of existing community gardens
      and urban farms. Develop recommendations for soil safety based on levels of toxic
      substances scientifically proven to be safe for children, pregnant women and other at-risk
      populations, rather than healthy adults.

    Action Agenda
  • NYSDOH, in collaboration with the NYS Department of Agriculture and Markets
    Community Garden Program, will develop a brochure or fact sheet on soil testing. The
    topics that could be covered include: potential sources of chemicals in soil, factors to
    consider when deciding whether to test soil, sample collection and analyses, interpretation
    of results (including typical levels of chemicals in soil), and practical ways to reduce
    exposure to chemicals in soils. The fact sheet will be posted on NYSDOH’s public web
    site, and CEH will explore the availability of funding for printing and distribution of hard
    copies. Additional future actions may include:

         1. In collaboration with NYS Department of Agriculture and Markets and other
            stakeholders, exploring opportunities to assist community garden groups with
            identifying accessible and viable State-owned sites, soil testing and developing
            interpretive guidance, and guidance on practical measures to reduce exposure to soil
            contaminants.

         2. In collaboration with the NYS Department of Agriculture and Markets Community
            Garden Program, exploring the possibility of developing a tool kit or series of
            informational materials for community gardens that cover the topics listed above in
            more detail, possibly focusing on individual contaminants, and possibly identifying
            resources for community gardeners in different local areas.


                                                                                                     39
   •   NYSDOH, in collaboration with the NYS Department of Agriculture and Markets and
       NYSDEC, will explore options and opportunities to address the requests related to soil
       testing of community gardens.

   •   In 2003, amendments to the Environmental Conservation Law directed NYSDOH and
       NYSDEC to develop soil cleanup objectives. The soil cleanup objectives, which are
       contaminant-specific soil concentrations that are protective of public health and the
       environment, are included in DEC’s Environmental Remediation Programs regulations (6
       NYCRR Part 375). There are different soil cleanup objectives for different land use
       categories, and the land use categories include gardens and farms. DEC uses the soil
       cleanup objectives in making decisions about contaminated sites; the soil cleanup objectives
       and other information in the Technical Support Document can be used to assist in making
       decisions for other situations such as community gardens, urban farms and residential uses.
       A Technical Support Document (http://www.dec.ny.gov/chemical/34189.html) provides
       comprehensive information on how the soil cleanup objectives were developed and outlines
       an approach for developing soil cleanup objectives for chemicals for which no soil cleanup
       objective was developed.            NYSDOH can provide assistance to interested
       parties/stakeholders in applying the soil cleanup objectives and in applying the approach set
       forth in the Technical Support Document for developing additional soil comparison values,
       as necessary.

Subsistence Fishing

       Stakeholder Recommendation
   •   Ensure that subsistence fishing is supported with environmental health information. Widely
       disseminate fish advisory information and information about contaminants in fish to
       environmental justice communities using innovative notification mechanisms that account
       for cultural and language diversity.

   •   Signs should be posted in areas where people fish in spite of the advisories.

       Action Agenda
   •   Through its long-standing fish advisory program, NYSDOH has provided anglers and
       others who eat NYS sportfish with advice on how to reduce their exposures to chemical
       contaminants in sportfish. However, based on the results of angler surveys, we know that
       some anglers are not aware of the advisories and/or do not choose to follow them. Our
       research suggests that this also varies by ethnicity and income. About 69% of Caucasian
       anglers said they were aware of Hudson River fish advisories, but only 22% of African-
       Americans and 13% of Latinos were aware. And only about a third of people in the lowest
       income bracket reported knowing about the advisories.

       To address this need, NYSDOH staff seeks to work with community-based partners to raise
       awareness about fish advisories, increase understanding about the key messages and change
       fish-eating practices to reduce exposures to contaminants. One such effort is the recently
       funded Hudson River Fish Advisory Outreach Project, a multi-year, $3-million program.


                                                                                                       40
      The program includes mini-grants to support local partnerships. NYSDOH staff held a
      series of stakeholder meetings at a variety of locations along the Hudson River to encourage
      dialogue around successful strategies at the community level to increase the number of
      anglers who follow the advisories. The grants program is aimed at identifying innovative
      outreach ideas that are based on local knowledge of community culture. More information
      about this project is found on the web at:
       http://nyhealth.gov/environmental/outdoors/fish/hudson_river/advisory_outreach_project/.

      Additionally, CEH will explore ways to improve fish advisory outreach in other parts of the
      State. Proposed activities to consider include:

         1. Applying successful Hudson River Project Outreach methods to other parts of the
            state, particularly in environmental justice communities.

         2. Conducting fish advisory outreach where mercury is the main contaminant of
            concern in consultation with NYSDEC (targeting rural and low-income areas).

         3. Increasing the distribution network for existing outreach materials to include more
            minority and community-based organizations in under-served rural and urban areas.

         4. Offering increased assistance to Native American tribe/nation fish advisory
            development and outreach (see below).

  •   Posting signs can be an effective component of fish advisories outreach. Through a focus
      group process, NYSDOH developed signs for the Hudson River in both English and
      Spanish, which are posted along the River corridor. CEH staff continues to work with
      community groups to identify additional locations for posting. NYSDOH also works with
      local health departments and advocacy groups to develop and/or post signs for other fishing
      access areas around the state. The New York City Department of Health and Mental
      Hygiene (NYCDHMH) developed and posted signs in New York City parks. Individuals
      with questions about fish advisory outreach in their local areas can call NYSDOH’s toll-
      free Environmental Health Information Line at 1-800-458-1158.

Haudenosaunee

      Stakeholder Recommendation
  •   Develop a Haudenosaunee fish advisory for the waters of aboriginal Haudenosaunee
      territory based on the Haudenosaunee Environmental Protection Process. The advisory
      could be used to encourage the use of fish in our diet by making known to people where a
      clean source of fish can be found, decreasing the incidence of obesity and diabetes in the
      communities. This recommendation will be made final only with agreement from the
      Haudenosaunee people.

  •   The creation of a Fish Advisory Atlas by using a GIS System to map existing state and
      provincial fish advisories across Haudenosaunee aboriginal territory. The atlas should be




                                                                                                     41
       published online for use by Haudenosaunee who want to use the atlas to find clean sources
       of fish, with support for annual updates by each political body.

   •   A campaign to increase safe fish consumption at the community level and celebrate the role
       of fish in our lives.

     Action Agenda
   • NYSDOH proposes to open a dialogue and establish working relationships with
     representatives of Haudenosaunee and individual tribe/nations for the following activities:

          1. Offer increased assistance in developing Haudenosaunee and/or individual
             tribe/nation fish advisories and improving fish advisory outreach, while recognizing
             their right to determine their own advisories.

          2. Collaborate with Haudenosaunee and/or tribes/nations and DEC to compile and
             evaluate relevant fish contamination data and/or generate additional fish
             contamination data for waters fished by Haudenosaunee people and people from
             other tribes/nations, as needed.

          3. Offer assistance to Haudenosaunee and/or individual tribes/nations in developing
             and producing their own fish advisory outreach materials/programs that will be
             responsive to their own cultural and language diversity and could be used to
             encourage consumption of fish with reduced contaminant levels and thus promote
             the health and cultural benefits of fish consumption. This outreach program could
             include a variety of outreach materials (e.g., maps) and tools (e.g., websites), as
             needed.

Childhood Lead Poisoning Prevention

       Stakeholder Recommendation
   •   Increase primary prevention work, instead of waiting for notice that a child has been
       poisoned.

   •   Immediately target NYSDOH-identified “high risk” areas for lead-abatement preventive
       measures.

   •   NYS should establish a goal of Zero Lead Poisoning and prioritize efforts by the U.S.
       Centers for Disease Control and Prevention (CDC), NYSDOH, and others to eliminate
       childhood lead poisoning by 2010.

   •   Increase enforcement efforts for lead-abatement in cases where a child has been poisoned.
       The effort should focus on working with families on securing funding when needed.

     Action Agenda
   • NYSDOH focuses on primary prevention of childhood lead poisoning through an ongoing
     primary prevention pilot project begun in 2007 in eight jurisdictions with the zip codes


                                                                                                    42
       having high incidences of lead poisoning in NYS. These jurisdictions are implementing
       local prevention activities in targeted housing within those zip codes. These target
       jurisdictions account for 80% of children with blood lead levels above 10 micrograms of
       lead per deciliter of blood-CDC’s level of concern- in New York State. In 2008, activities
       were enhanced in the original eight jurisdictions, and NYSDOH is working with local
       health officials to expand the program to an additional six counties. This program is
       currently being evaluated to determine the practices and policies that are most effective in
       each community.

   •   An executive summary of a document entitled "Early Lessons Learned: New York State’s
       Primary Prevention of Childhood Lead Poisoning Pilot Project" has recently been released.
       This report details how the eight pilot jurisdictions are employing different approaches to
       conduct primary prevention-related activities. This information will assist 'other'
       jurisdictions to develop effective prevention activities.

   •   In addition, the Governor’s 2009-10 Executive Budget proposes an additional $2.5 million
       in funding for the program to support enhancement and expansion of the Childhood Lead
       Poisoning Primary Prevention Program, including changes to make the previous pilot
       program permanent, to mandate participation of targeted counties/municipalities, to
       strengthen requirements for local program plans, and to expand the program to additional
       high-incidence target neighborhoods.

   •   In 2004, NYSDOH developed a "Strategic Plan to Eliminate Lead Poisoning by 2010." The
       elements of the plan have been incorporated into ongoing program activities at the state and
       local levels. The Strategic Plan is an integral part of NYSDOH activities funded by New
       York’s Lead Poisoning Prevention grant from the CDC.

   •   A proposed revision to the NYS regulations (Subpart 67-1) lowers the blood lead action
       level for conducting an environmental investigation from 20 micrograms per deciliter to 15
       micrograms per deciliter. The proposed regulation was printed in the State Register for
       public comment and should be finalized and in effect in early 2009. Enforcement activities
       are undertaken routinely when a property owner fails to comply with a notice and demand
       letter from the local health department to correct conditions conducive to lead poisoning.
       While health department staff does not typically administer funding for housing
       remediation, as part of the on-site investigation, health department staff would attempt to
       direct the property owner to potential sources of funding for the correction of the hazard.
       Department of Housing and Community Renewal does fund a variety of housing
       development projects, many of which contain provisions for remediating lead paint hazards.
       Health department staff will continue to enforce the requirement to correct the lead hazards
       and will continue to work with other agencies to identify possible funding sources for the
       correction of these hazards.

Lead Policy Formation

       Stakeholder Recommendation



                                                                                                      43
•   Enhance the interagency effort led by NYSDOH to prevent lead poisoning in cooperation
    with the Department of Housing and Community Renewal (DHCR), NYSDEC, the NYS
    Department of Labor, and others.

•   NYS should attempt to quantify the general cost savings achieved through the elimination
    of lead poisoning, including medical and socioeconomic costs. This information would
    encourage mainstream prioritization of the issue by elected officials and the public.

•   Identify existing reliable studies showing the broad negative impacts of lead poisoning,
    including physiological and sociologic affects, and use the studies to educate public
    officials.

  Action Agenda
• NYSDOH chairs the New York State Childhood Lead Poisoning Prevention Advisory
  Council. The state agencies mentioned above are seated on the council, along with advisors
  from advocacy groups, the public, parents, and industry. Public meetings are held three
  times annually and are webcast live. In addition to the work with the Advisory Council,
  NYSDOH meets with these agencies to continue to look for specific areas in our programs
  where lead could be addressed. Some examples: 1) The Office of Child and Family
  Services and NYSDOH meet to coordinate lead issues relating to day care centers; 2) the
  Department of State and NYSDOH meet to coordinate training of codes enforcement
  officials concerning lead hazards and to address building code issues that may reduce the
  risks associated with lead; 3) DHCR and NYSDOH meet to address lead hazards as part of
  New York State's Consolidated Annual Performance Report related to safe and affordable
  housing.

•   NYSDOH is working to finalize the Lead Advisory Council Annual Report, which is
    presented to the Governor and the Legislature. This document will be released shortly
    covering the year 2006-2008. In addition, on October 15, 2008, the U.S. Department of
    Housing and Urban Development (HUD) announced a total of $131 million in funding for
    designated lead-hazard control-related activities with approximately $20.1 million awarded
    to NYS contractors; HUD has approved New York State's Annual Action Plan for 2009.
    NYSDOH is working with DHCR on the Lead-based Paint portion of the 2008
    Consolidated Annual Performance and Evaluation Report (CAPER). NYSDOH will
    continue to work with these and other agencies to combine efforts to address lead poisoning
    prevention.

•   A white paper has been prepared on the long term costs of lead poisoning and has been
    incorporated into NYSDOH (Korfmacher, K. 2003. Long-term costs of lead poisoning:
    How Much Can New York Save by Stopping Lead?). Information from this study has been
    used in quantifying public costs. NYSDOH will continue to use this information when
    discussions are held relating to the impact of childhood lead poisoning.

•   NYSDOH will continue the “Under 10 Lead Work Group” coordinated by NYSDOH’s
    Center for Community Health and staff of local health units such as county and city health
    departments. The work group is developing educational and outreach materials for parents,


                                                                                                  44
       health care providers, and public health officials. The focus of work group educational
       materials is to inform target groups of evidence from scientific studies that blood lead levels
       below the CDC's blood lead level of concern (10 mcg/dL) may have negative effects on
       cognitive development, particularly in young children. Also included in the educational
       materials is information on measures that can be taken to reduce lead exposure in children.

Lead Exposure

     Stakeholder Recommendation
   • Combine energy retrofit programs with lead abatement strategies since windows and doors,
     which may be replaced or modified during energy upgrades, also are areas of the home that
     may contain lead paint.

   •   Provide a Lead Safe work practice course to community groups.

     Action Agenda
   • Local health department staff makes homeowners and landlords aware of funds that may be
     available to assist in eliminating lead hazards identified through the Childhood Lead
     Poisoning Prevention Program. A program for improving energy efficiency of homes is one
     of the options considered.

   •   Courses on Lead Safe Work Practices are offered in many communities. More information
       can be obtained by contacting the Environmental Health Program of the local health
       department.

Public Participation and Communication

     Stakeholder Recommendation
   • NYSDOH should develop fact sheets and promotional material to inform families on how
     to reduce exposure to environmental contaminants (e.g., NYSDOH's fish consumption
     advisory developed for women, infants and children).

   •   Create informational material about air toxics to distribute to communities with concerns
       (e.g., Tonawanda, Erie County). Develop informational material for public review which
       specifically address the six priority mobile source air toxins; acetaldehyde, acrolein,
       benzene, 1,3-butadiene, diesel particulate matter and formaldehyde. Fact sheets should
       contain information about the levels of these pollutants in particular communities where
       transportation projects are proposed that could exacerbate pollutant levels.

     Action Agenda
   • NYSDOH has developed fact sheets to inform families how to reduce their exposure to
     chemicals in the environment (e.g., Get Ahead of Lead, Reducing environmental exposures:
     The Seven best kid friendly practices, NYSDOH fish consumption advisory, Insect
     Repellents, etc.). Fact sheets are available at NYSDOH’s public web site:
     http://www.health.state.ny.us/environmental/. NYSDOH will continue to conduct these



                                                                                                         45
       activities and will explore the availability of funding for printing and distribution of
       materials.

   •   NYSDOH will work with NYSDEC and NYS Department of Transportation to explore the
       development of fact sheets for priority mobile source air toxics. Areas of discussion will
       include which pollutants should be the focus, how the fact sheets would be made available
       to the public, and what funding would be available for printing and distribution.

Infrastructure Costs to Environmental Justice Communities

     Stakeholder Recommendation
   • Incorporate financial costs considerations of home owners in environmental justice
     communities during the infrastructure improvement development process. For example,
     when planning to upgrade infrastructure, governmental entities should take into account the
     costs of connecting or re-connecting to the improved drinking water infrastructure and
     waste water infrastructure.

     Action Agenda
   • When improvements are made to drinking water systems or waste water systems, there are
     costs to homeowners. NYSDOH will look into whether state and local infrastructure
     financing programs, including eligibility criteria, can be modified to reduce the cost to
     environmental justice and disadvantaged populations by taking into account homeowner
     costs of connecting or re-connecting to the improved drinking water infrastructure and
     waste water infrastructure. One area of review will be the “Disadvantaged Community
     Program and Hardship” component of the current Drinking Water State Revolving Fund
     program.

Occupational Health

     Stakeholder Recommendation
   • Establish a comprehensive occupational health and safety program that emphasizes
     activities to prevent unsafe and unhealthy workplace conditions, including education and
     outreach programs. Minority workers are more likely to be exposed to unsafe conditions
     because of the kinds of jobs open to them.

     Action Agenda
   • Programs in NYSDOH’s Bureau of Occupational Health are geared toward preventing
     illness and injury among workers in New York State. Some programs target workers in
     occupations that are at high risk for illness, injury, or fatality; many of these workers are
     from environmental justice communities. For example, the Occupational Lung Disease
     Registry (OLDR) collects information on individuals with clinical evidence of occupational
     lung disease from physicians, health facilities, and clinical laboratories. From an analysis of
     these data, Bureau of Occupational Health identified occupations involving a high number
     of injuries and illnesses that disproportionately employ minority workers. The Bureau of
     Occupational Health is distributing the brochure “Is Your Asthma Work-related?” to NYS
     Community Health Centers and the Occupational Health Clinic Network in an effort to


                                                                                                       46
       reach these workers. The Bureau of Occupational Health is also identifying unions,
       community groups, and health centers in order to provide further distribution of outreach
       materials to workers in these occupations.

   •   The New York State Fatality Assessment and Control Evaluation (NY FACE) program is
       administered by the Bureau of Occupational Health under a cooperative agreement with the
       National Institute for Occupational Safety and Health (NIOSH). The goal of the NY FACE
       program is to prevent occupational fatalities in high risk populations in New York State.
       NY FACE specifically targets three high-risk populations: Hispanic, youth, and elderly
       workers. Program staff collects fatal injury data, investigates the fatal injuries involving the
       targeted population, develops injury prevention products, disseminates the products to the
       high-risk groups, and evaluates the effectiveness of the products. Many of the fact sheets
       developed by NY FACE have been translated into Spanish. Through this program, the
       Bureau of Occupational Health formed effective partnerships to target high-risk vulnerable
       populations for injury prevention. One example is the partnership with the New York State
       Youth Construction Initiative Program, which is funded by the federal Highway
       Administration through the NYS Department of Transportation. This program provides
       educational and job training opportunities for non-college bound 11th and 12th grade
       students and prepares them for entering construction and engineering industries after high
       school. The majority of these students are from inner-city low-income families, and many
       are from minority backgrounds. Bureau of Occupational Health staff, working with Youth
       Construction Initiative Program staff, developed and delivered a safety awareness training
       program to the students of Troy Youth Construction Initiative Program. The students
       learned about the importance of following construction safe work practices and the
       consequences of not following them. Bureau of Occupational Health staff also discussed
       workers’ rights issues and procedures that the students may follow to address unsafe
       conditions in the workplace. According to the NYS Youth Construction Initiative Program
       staff, the impact of the safety training was long lasting, with the students discussing the
       training among them as well as with their parents. At the request of Youth Construction
       Initiative Program, Bureau of Occupational Health staff serve on the Youth Construction
       Initiative Program Advisory Board.

Health Disparities

       Stakeholder Recommendation
   •   NYSDOH should form a task force or committee, including environmental justice
       advocates and NYSDEC, to address the health disparities identified in NYSDOH’s 2007
       report. Programs and initiatives should be developed to identify environmental factors that
       may contribute to those health disparities, and neighborhoods that are overburdened with
       those environmental factors should be targeted to reduce those burdens.

   •   The focus of the health disparities summit seemed to be primarily on health care rather on
       the environment.




                                                                                                          47
   •   NYSDOH indicated it has directed $21 million Medicaid dollars to Public Health programs.
       At least 1% of Medicaid dollars, or a minimum of $480 million, should be used for Public
       Health programs focused on prevention activities and eliminating health disparities.

     Action Agenda
   • In January 2009, the NYSDOH Office of Minority Health (OMH) and the NYS Minority
     Health Council hosted a summit entitled “Spotlighting Solutions for Eliminating Minority
     Health Disparities” to begin the development of a comprehensive plan to eliminate minority
     health disparities in New York State. The summit brought together NYSDOH leaders and
     stakeholders representing many disciplines, sectors, and perspectives to share knowledge,
     strengthen relationships and engage in action planning. Participants explored strategies and
     interventions that reduce or eliminate health disparities and exchanged information to help
     identify effective approaches for addressing health disparities in New York State.
     Participants included representatives of community-based organizations in environmental
     justice areas. The priority areas identified during the summit, as well as the promising
     practices and strategies identified in the white paper commissioned for the summit, will
     assist in development of the comprehensive plan (Moving toward Health Equity in New
     York: State Strategies to Eliminate Health Disparities, B. D. Smedley
     http://www.cicatelli.org/nysmh/files/Moving%20Toward%20Health%20Equity%201-7-
     09.pdf). State initiatives to improve the health of minorities continue to be implemented,
     including expanded access to health insurance, implementation of a new prevention agenda,
     health care quality incentives tied to reimbursement, and expanded use of health
     information technology.

   •   The work on the Office of Minority Health’s health disparities summit pre-dated
       involvement with the environmental justice task force. NYSDOH will explore ways to
       enhance coordination between NYSDOH efforts on environmental justice and on
       elimination of health disparities.

   •   NYSDOH believes the $21 million referred to in this recommendation refers to the
       Governor’s 2007-08 General Fund Investment in Public Health initiatives, not Medicaid
       dollars. (Governor Paterson added additional funding in 2008-09, increasing the $21
       million investment to nearly $30 million.) With respect to Medicaid dollars, the
       Department views the Medicaid program as a public health program. Medicaid is the main
       payer of primary and preventive care for communities most impacted by poor health
       outcomes. The Medicaid program not only pays for primary and preventive care but also
       sets provider standards for care and publishes health plan performance on key preventive
       health services such as primary care, prenatal care, body mass index screening, lead
       screening and others. In recent years, the Department has looked to the Medicaid program
       as a tool to impact specific public health goals. For example in 2008, the Medicaid program
       began reimbursement for tobacco cessation counseling for pregnant women, diabetes self
       management education, asthma management and social work counseling. The Department
       continues to identify ways the Medicaid program's benefit package can reinforce
       population-based public health interventions.

Food Policy


                                                                                                     48
       Stakeholder Recommendation
   •   Issue an executive order requiring that the environmental justice perspective be made part
       of state agency food and agriculture program planning and decision-making, and that
       agency programs be targeted to address disparities in access to affordable high quality,
       nutritious, and locally grown food through existing state food and nutrition programs, and
       other programs that could encourage and support food business retention and development,
       and nonprofit food project development, in environmental justice communities.

   •   Offer State incentives and/or give priority for supermarket operators, public or private
       developers, and state-financed or supported affordable housing developments (80% market
       rate- 20% affordable housing) to locate in low-income communities and communities of
       color if they increase shelf space and refrigerated space for fresh fruits and vegetables.

   •   Assist food distributors supplying school districts to identify and procure locally produced
       foods.

   •   Require all state food contracts to include a plan to maximize the availability of New York
       grown food purchased through the contract.

     Action Agenda
   • NYSDOH has made significant progress towards ensuring that existing food and nutrition
     programs are targeted to address “health” disparities and to improve access to affordable,
     safe and nutritious food in environmental justice communities. NYSDOH food and
     nutrition programs (Women, Infants, and Children [WIC], Farmers’ Market Nutrition
     Program, Child and Adult Care Food Program, Hunger Prevention and Nutrition Assistance
     Program) serve low-income populations, high-risk women, pre-school and school-age
     children, families and the elderly. Services are located or provided in low-income urban
     and rural neighborhoods and communities, with a focus towards improving nutrition and
     health status and preventing obesity through the provision of nutritious food, child care
     meal reimbursements, alleviation of hunger through support of emergency food relief
     organizations, nutrition education, and referral for health and social services. NYSDOH
     will explore ways to better incorporate the environmental justice perspective.

   •   The NYSDOH WIC program-approved grocers will be implementing provisions of the new
       WIC food package as of January 2009. WIC stores will be required to maintain adequate
       stock of vegetables and fruits to meet the needs of WIC participants, resulting in increased
       shelf space designated for fruits and vegetables in some stores in environmental justice
       communities.

  •    Many of these recommendations are under investigation by the Council on Food Policy.

Communication with the Public on Food

       Stakeholder Recommendation



                                                                                                      49
   •   Assemble a team of State officials knowledgeable about State and federal food-related
       programs and funding to regularly visit environmental justice/urban communities to share
       information on existing programs that are relevant to address environmental justice food
       issues and opportunities – and to expand partnerships with municipalities and community-
       based organizations (e.g., the Mass Avenue Project in Buffalo).

   •   Increase awareness and use of existing government food and nutrition programs (e.g., WIC,
       Farmers’ Market Nutrition Program, Electronic Benefit Transfer, School Food, Senior
       Meals) in environmental justice areas by providing program outreach materials (such as
       brochures) through retail food outlets that participate in the programs, including
       supermarkets and corner stores/bodegas.

   •   Involve respected community leaders at Senior Centers, faith-based institutions, and anti-
       poverty and other community organizations in existing food program outreach, screening,
       and enrollment efforts to maximize the participation of those eligible for
       mandatory/entitlement federal programs such as Food Stamps and School Meals.

       Action Agenda
   •   The existing Governor’s Council on Food Policy clearly meets this definition with State
       officials working in conjunction with farmers, food industry representatives, nutrition
       advocates and others who represent nearly all sectors of the food industry and together
       represent the diversity and expertise necessary to develop an effective food policy for the
       people of New York State. As a first step, the Council recently concluded a series of six
       listening sessions across NYS to hear comments and testimony on issues, most of which
       were relevant to or consistent with environmental justice issues. Many of the issues
       identified by the Council and documented during the listening sessions are the same or are
       consistent with environmental justice concerns.

   •   The NYSDOH WIC program has used a variety of outlets in environmental justice areas
       including retail food distributors, supermarkets, corner stores, and bodegas for outreach into
       low-income communities and families to increase awareness and knowledge of local WIC
       and Farmers’ Market Nutrition Program services and locations. A new informational
       campaign began in fall 2008 informing environmental justice communities and families on
       changes to the WIC food package starting in January 2009.

   •   The NYSDOH Nutrition Outreach and Education Program (NOEP) funds 38 community
       not-for-profit organizations in environmental justice communities to provide program
       outreach and screening primarily for the Food Stamp Program, but also for the Summer
       Food and school meals (School Lunch and Breakfast) programs.

Food and Children

     Stakeholder Recommendation
   • Update and expand nutritional guidelines on foods sold in schools. Schools are an
     educational setting, and therefore what occurs in a school carries the message of model
     behavior. The foods available in schools are part of the education of children and so should


                                                                                                        50
    be of high nutritional value. Expand nutrition standards to increase the amount of fruits and
    vegetables available and decrease the amount of heavy starches and fats. Improve
    nutritional standards to include low sodium and whole grain.

•   Set nutritional standards for school lunches, breakfasts, and snacks that are stricter than
    existing U.S. Department of Agriculture (USDA). Currently, 17 states set nutritional
    standards for school lunches, breakfasts, and snacks that are stricter than existing USDA
    standards. Schools are an educational setting, and therefore what occurs in a school carries
    the message of model behavior. The foods available in schools are part of the education of
    children and so should be of high nutritional value. Expand nutrition standards that increase
    the amount of fruits and vegetables available and decrease the amount of heavy starches and
    fats. Improve nutritional standards to include low sodium and whole grain.

•   Set nutritional standards for competitive foods sold a la carte, in vending machines, in
    school stores, or in bake sales in schools. Currently twenty-two states have nutritional
    standards for competitive foods sold a la carte, in vending machines, and in school stores.

•   Add reimbursement for a third meal for children in programs that are open for 10 hours or
    more. This would ensure access to good nutrition for children of working parents who rely
    on child care for extended hours.

•   Expand access of Child Nutrition Reauthorization programs in rural communities. Many
    Northeast States face particular child nutrition challenges by their overwhelmingly rural
    nature. The Child Nutrition Act facilitates meals in communities where more than 50% of
    children qualify under income guidelines. However, many low-income youth miss these
    benefits because poverty is spread among small towns and not concentrated in large, urban
    centers. Furthermore, smaller schools and child care centers have higher per-plate costs
    because they cannot achieve economies of scale. Changes to summer food, child care and
    after-school food, and school meals would ameliorate these challenges.

•   Establish a Farm to School Program that will facilitate the purchasing of New York-grown
    farm products by schools. There is currently a New York State Farm to School Program
    within the Department of Agriculture & Markets with limited staff-time and promotional
    funds. The program could include 2 ½ employees that coordinate efforts with individual
    school districts, the NYS Education Department, and NYSDOH. We recommend
    additional coordination through Cornell Cooperative Extension for county-level support.

  Action Agenda
• Governor Paterson has proposed legislation- the Healthy Schools Act- to address many of
  these issues, and the Council on Food Policy is also reviewing this issue.

•   The NYSDOH Child and Adult Care Food Programs provide reimbursements for snacks
    and supper served in approved at-risk after school programs serving low-income children
    and teens.




                                                                                                    51
   •   The NYSDOH Child and Adult Care Food Program reimburses child care organizations and
       at-risk after school programs for nutritious meals and reaches all areas of New York State,
       including rural upstate communities and urban centers.

   •   The NYS Education Department has received federal funds to initiate a pilot program
       during this school year. This issue has been identified by the Governor’s Council on Food
       Policy as a priority, and recommendations will be made in the Council’s report to the
       Governor.

Farmers’ Markets and WIC

       Stakeholder Recommendation
   •   Ensure all farmers markets have access to critical food and nutrition programs such as the
       WIC and Senior Farmers’ Market Nutrition Program and the Farmers’ Market Wireless
       Electronic Benefit Transfer Program that serve low-income nutritionally at-risk women,
       children, Seniors, and other participants.

   •   Ensure that farmers’ markets authorized by the WIC Farmers’ Market Nutrition Program
       are included in the new federally funded WIC Fruit and Vegetable program in addition to
       existing WIC authorized stores.

       Action Agenda
   •   NYSDOH works in partnership with the NYS Department of Agriculture and Markets to
       operate the Farmers Market Nutrition Program. The NYS Department of Agriculture and
       Markets manages the enrollment and authorization of farmers’ markets, while NYSDOH
       issues benefits to WIC participants who redeem the benefit at local approved farmers’
       markets. Yearly, the two agencies work together to identify potential new locations or
       communities where WIC participant access to farmers’ markets could be improved. New
       markets are developed to improve WIC participant access.

   •   NYSDOH has begun discussion with the NYS Department of Agriculture and Markets to
       establish a pilot program during the next Farmers’ Market Nutrition Program season to
       determine feasibility and logistics of farmers’ markets accepting WIC program checks for
       fruits and vegetables.

Food Availability

     Stakeholder Recommendation
   • In view of the forthcoming new federally funded WIC Fruit and Vegetable Program,
     encourage state agency collaboration in assisting WIC-authorized corner stores/bodegas in
     environmental justice areas that currently carry few fresh fruits and vegetable to expand
     their produce offerings – including items that are sensitive to cultural food preferences in
     the communities they serve.

   •   To enable increased availability of a diversity of fresh, nutritious, and local grown produce
       though the state’s eight regional food banks to food pantries, soup kitchens and other


                                                                                                       52
       emergency food outlets in environmental justice areas, encourage local procurement
       expenditures by food banks using Hunger Prevention and Nutrition Assistance Program
       (HPNAP) funds in place of payments for transporting donated commodities at high expense
       from the West via the Second Harvest network.

       Action Agenda
   •   NYSDOH has been meeting with or providing information to major food distributors and
       all 4400 authorized WIC grocers across New York State, many in environmental justice
       communities, in preparation for the changes to the WIC food package beginning in January
       2009. Authorized WIC grocers will be required to maintain appropriate stock of approved
       WIC foods, including low-fat or nonfat milk, whole grain breads and cereals, and fresh,
       frozen or canned fruits and vegetables, components of the revised WIC food package.
       WIC stores must continue to carry these food products to retain their enrollment in the WIC
       program.

   •   NYSDOH’s HPNAP provides funding to food banks, soup kitchens, and food pantries to
       support existing operations and improve the nutritional quality of the foods provided.
       HPNAP program policy requires contractors to spend 10% of their HPNAP funding for
       fruits and vegetables and 2% of their funding for reduced or low-fat fluid milk. The
       emergency food relief organization (EFRO) network is encouraged to purchase local
       produce when in season. HPNAP also provides funding for community gardens, veggie
       mobiles, gleaning projects at local farms, and community supported agriculture projects to
       obtain additional fresh produce, which benefits local EFRO’s and their recipients. Funding
       is the limiting factor in expanding any of these programs to increase nutritious food
       offerings in EFROs. Transporting available donations from other states via the America’s
       Second Harvest network for pennies a pound has proven to be a very cost-effective method
       to bring product into New York State. Encouraging more local procurement expenditures is
       under consideration and is an issue under review by the Council on Food Policy.

Food Banks

       Stakeholder Recommendation
   •   Assist the regional food banks and other HPNAP-funded contractors to acquire energy
       efficient refrigeration for trucks and warehouse to transport and store fresh produce.

       Action Agenda
   •   NYSDOH’s HPNAP currently funds food service capital equipment, which includes
       refrigeration, at soup kitchens, food banks, and food pantries. HPNAP supports
       transportation costs to transport food, including refrigerated or frozen items.

Indoor Air Quality

     Stakeholder Recommendation
   • Promote alternatives to pesticide use in residential housing and government buildings for
     pest management. Encourage integrated pest management through agency initiatives



                                                                                                     53
       similar to the green building initiative of the NYS Department of Housing and Community
       Renewal.

   •   Develop public education materials and resources through NYSDOH to inform the public
       about the health effects of molds, methods of prevention, and methods of identification and
       remediation of mold growth. These educational materials should be available at a variety of
       sites and in a variety of languages and should provide contact information to organizations
       or government entities to assist public concerns.

       Action Agenda
   •   NYSDOH includes alternate pest control methods in many of its fact sheets that relate to
       pests and pest control, including "Reducing Pesticide Exposure" and "Get Rid of
       Cockroaches." NYSDOH will continue to include these methods in future outreach
       materials and will explore opportunities and means to promote alternate pest control in
       these settings. Total-release foggers are a class of pesticide products that pose risks of
       health effects, fires and explosions, and are often used in low-income housing as a means to
       control insect pests. NYSDOH recognizes the risks this situation poses and is working with
       NYSDEC and pesticide registrants to develop actions to mitigate the risks posed by these
       foggers and to explore alternative insect control strategies.

   •   NYSDOH has developed informational materials on various aspects of mold. These
       materials include a general "Mold Fact Sheet"; a booklet (prepared in collaboration with the
       NYS Energy Research and Development Authority) on "Indoor Air Quality and Your
       Home," which contains information about mold; and a "Health Checklist for Repairing
       Your Flood Damaged Home," which provides information on preventing mold growth after
       a flood.        These materials are available on NYSDOH's public website
       (http://www.health.state.ny.us/environmental/indoors/air/mold.htm).      The website also
       provides links to other resources (some of which are available in Spanish as well as
       English), with extensive health-related information and methods of prevention and
       remediation of mold growth (e.g., a U.S. Centers for Disease Control and Prevention
       webpage). Mold-related materials are also distributed to many communities after flood
       events. NYSDOH also has a toll-free environmental health information line (1-800-458-
       1158), and we provide advice to residents with mold concerns on a daily basis through
       telephone inquiries. NYSDOH also developed the training course, "Mold, Water and
       Building Code." We have presented the course to over 1,000 code enforcement officials and
       other professionals to provide sound information on the basics of addressing and preventing
       mold growth in buildings and will continue with this activity. In addition, NYSDOH is co-
       chairing the NYS Toxic Mold Task Force. The Task Force's main objectives are to assess
       the adverse environmental and health impacts caused by toxic mold in the state and
       recommend methods for the control of mold and measures to mitigate mold.

State Environmental Quality Review Reform

     Stakeholder Recommendation
   • NYSDEC and NYSDOH should investigate and designate any critical environmental areas
     in order to protect the environment and human health and prioritize actions necessary in


                                                                                                      54
       critical environmental areas. Environmental justice communities with multiple
       environmental burdens could be designated as critical environmental areas to bring
       resources to remediate environmental degradation.

   •   We recommend that NYSDEC and NYSDOH pull together existing information related to
       contaminants, pollutants and environmental media in order to establish critical thresholds
       for the protection of the people of this state and the environment. As part of this effort,
       health-based and other types of standards and guidance values shall be considered along
       with multi-media, total and cumulative human exposures, including impacts on sensitive
       populations.

     Action Agenda
   • In the case of critical environmental areas, NYSDEC has primary responsibility; NYSDOH
     will assist NYSDEC as needed.

   •   NYSDEC and NYSDOH have established “critical thresholds” for chemicals in various
       environmental media. NYSDEC “critical thresholds” include air guideline concentrations,
       ambient water quality standards, groundwater standards, and soil cleanup objectives. Also,
       NYSDOH has established drinking water standards. NYSDEC and NYSDOH rely upon
       these “critical thresholds,” as well as Federal guidelines and standards (e.g., National
       Ambient Air Quality Standards), in conducting activities to minimize risks to public health
       and the environment. NYSDEC and NYSDOH will continue to conduct these activities and
       update standards/guidelines as necessary.

Health Studies

       Stakeholder Recommendation
   •   NYSDOH should take a more proactive role in children’s health as impacted by
       environmental contaminants, focusing on less known associations between exposure to low-
       level toxins and toxins early in life and health outcomes such as autism and developmental
       disabilities leading to behavioral problems. NYSDOH should conduct and participate in
       studies evaluating these relationships. It is further recommended that NYSDOH participate
       in studies evaluating the risk of illness due to combined exposures of multiple pollutants
       and as toxins accumulate in the body and interact with other toxins.

     Action Agenda
   • For meaningful results, studies of less well-known associations between low-level
     environmental exposures and health outcomes must be well designed. These studies require
     substantial resources since it is unlikely that existing databases could be used. This type of
     research is more likely to be done in an academic setting. NYSDOH and the University at
     Albany School of Public Health are collaborating on a study funded by the National
     Institute of Child Health and Development that will analyze birth records and questionnaire
     results to look at a variety of factors to see if they increase the chances for developmental
     disorders or other health problems. About 6,500 children will be included in the study,
     which is called the Upstate New York Infant Development Screening Program (Upstate
     KIDS). Parents will complete an initial questionnaire about the pregnancy and then will


                                                                                                      55
       complete several questionnaires about the child’s health and development up until the child
       is 36 months of age. Children identified with developmental problems will be referred to
       NYSDOH’s Early Intervention Program for appropriate services. NYSDOH will explore
       additional opportunities to participate in these studies.

   •   In addition, the U.S. Centers for Disease Control and Prevention has many activities
       relating to monitoring the number of children with autism spectrum disorders (ASDs) and
       other     developmental      disabilities  and     funding     epidemiologic    research
       (http://www.cdc.gov/ncbddd/autism/caddre.htm).

School Siting

     Stakeholder Recommendation
   • NYSDEC, NYSDOH, and the NYS Education Department (NYSED) should establish a
     safe school siting policy to ensure that local and state government and school
     administrations have policies and procedures to require adequate testing of potential school
     sites and protective cleanups, if contamination is found.

       Action Agenda
   •   NYSED is the jurisdictional authority for all public school construction outside of New
       York City. Each capital project is required to undergo the State Environmental Quality
       Review process, and NYSED reviews all documentation associated with environmental
       decision making with regard to potential school sites. When necessary, NYSDOH and
       NYSDEC work with NYSED and the school districts to address contamination identified at
       new and existing schools. The New York City School Construction Authority (SCA), which
       has jurisdiction over schools in New York City, evaluates the history of compliance with
       applicable regulations and performs studies and investigations of every potential school site
       to determine its suitability. All sites are evaluated for the potential presence of radon, soil
       vapor intrusion, asbestos-containing material, lead-based paint, PCB-containing material,
       chemical storage, historic fill, methane generation, industrial emissions, mold and
       biological agents. If necessary, the SCA also designs appropriate remedial measures.
       NYSDOH and NYSDEC also provide assistance to the SCA.

Ritualistic Uses of Mercury

       Stakeholder Recommendation
   •   "Ritualistic" mercury contamination of housing should be addressed by the Environmental
       Justice Interagency Task Force.

       Action Agenda
   •   The comments submitted include a request for NYSDOH to conduct studies to address
       elemental mercury exposures due to cultural uses of elemental mercury in Latino-Caribbean
       communities in New York City. The following describes the activities of NYSDOH and the
       New York City Department of Health and Mental Hygiene (NYCDHMH) with respect to
       this issue.



                                                                                                         56
      Both NYSDOH and NYCDHMH actively participated on the U.S. Environmental
      Protection Agency’s (EPA’s) Ritualistic Uses of Mercury Task Force from 1999 to 2002.
      The task force was convened in response to concerns raised by the commenter about
      potential significant elemental mercury exposures in Latino-Caribbean communities. As a
      consequence of recommendations in the task force's final report, NYSDOH collaborated
      with the NYCDHMH and the U.S. Centers for Disease Control and Prevention in
      conducting a bio-monitoring study to directly assess elemental mercury exposures in
      Hispanic and Caribbean communities in the Bronx, Brooklyn, and Manhattan. The study
      consisted of two parts: a pediatric clinic portion that recruited participants (children age 2-
      10) from patients scheduled for well-child visits, and a second community portion that was
      conducted door-to door in residential buildings adjacent to botanicas (a reported source for
      obtaining elemental mercury). The study surveyed parents regarding elemental mercury use
      and awareness, and their child's potential mercury exposure. In the clinic, urine and some
      blood samples were obtained. In the community portion of the study, urine samples were
      collected.

      Few parents reported the presence of mercury in the home, a charm or other items, and no
      association was found for urine mercury levels and reported potential mercury exposure
      sources. The study concluded that there was "neither self-reported, nor measured evidence
      of significant mercury use or exposure among participating children" (Rogers et al.,
      Mercury Exposure in Young Children Living in New York City. J Urban Health
      2008;85(1):39-51). While this study is not an environmental sampling driven study, this
      study design was selected as one that would directly measure mercury exposure in the
      population of concern. Recognizing that participation could be biased against those using
      mercury, a limited number of anonymous urines collected at clinic well-child visits from
      non-participants were also analyzed for mercury. The mercury levels in these urine samples
      were similarly unremarkable. These results were similar to findings of previous studies of
      pediatric urine mercury levels among children in Hispanic or Hispanic-Caribbean
      communities in NYC (Ozuah et al., Ambul Pediatr. 2003; 3(1):24–26) and in Chicago
      (Rogers et. al., Clin Toxicol. 2007; 45(3):240-7).

      In response to past complaints from the commenter, NYCDOHMH conducted surveys of
      botanicas reportedly offering elemental mercury for sale. The surveys, conducted by
      Spanish-speaking investigators, failed to find mercury being offered for sale at the 11
      botanicas still in operation from the list of 20 botanicas provided. A follow-up visit to 4 of
      the 11 botanicas included using a real-time mercury vapor analyzer to detect the presence of
      mercury vapor. Three of the four botanicas had no detectable mercury vapor. In the fourth,
      mercury was detected at the lower limit of the instrument's capability, but could not be
      traced to any identifiable elemental mercury source within the shop (the instrument used
      can be subject to interference from sulfur and ammonia compounds). The results from the
      biomarker studies and botanica surveys do not support the need for additional studies.

Agency Collaboration

      Stakeholder Recommendation




                                                                                                        57
   •   NYSDOH should make health data available for use by state agencies and permit applicants
       to use when evaluating project impacts on environmental justice communities, developing
       data exchange agreements if needed. NYSDOH should make data available on health
       outcomes in addition to cancer and asthma.

   •   Agencies should consider the unique challenges of presenting data for rural areas with low
       population density.

     Action Agenda
   • State agencies and permit applicants can access data for a variety of health outcomes on
     NYSDOH’s public website at http://www.health.state.ny.us/statistics/. The data for these
     outcomes are collected from throughout the state through uniform collection systems such as birth
     and death certificates or hospital reporting (e.g., cancer registry, Statewide Planning and Research
     Cooperative System [SPARCS]), etc.). Data are available for geographic areas such as the county,
     New York City, or New York State as a whole. NYSDOH is in the process of making data
     available for additional health outcomes and is developing a tool to allow users to query health
     outcome and environmental data to create maps, charts and tables. Currently, data for ZIP Codes
     are available for asthma hospitalizations and four types of cancer. NYSDOH is in the process of
     making more health data available for ZIP codes or ZIP code groupings. NYSDOH is aware of
     the challenges of presenting data in low population density areas. Some ZIP Codes in rural (and
     urban) areas are large and may include populations with differing demographic characteristics. In
     addition, because of the sparse population in some rural areas, ZIP Codes sometimes have to be
     grouped when displaying relatively rare health outcomes to protect confidentiality and to present
     more stable disease rates.

Nanotechnology

       Stakeholder Recommendation
       NYSDOH should develop recommendations for permitting of nanotech facilities.

     Action Agenda
   • NYSDOH is participating in the NYSDEC Nanotechnology Work Group. The work group's
     objective is to build knowledge on nanomaterials and an awareness of potential
     issues/matters associated with the nanomaterials industry. The workgroup recognizes the
     potential benefits that nanotechnology holds for society yet has concerns about the
     Environmental Health and Safety (EH&S) aspects of nanotechnology which have not yet
     been adequately addressed. The work group also has concerns about the adequacy of our
     current regulatory framework to address nanomaterials in the environment. The workgroup
     is meeting regularly to develop strategies to address these and other issues.




                                                                                                      58
                                      NEW YORK STATE
                        DIVISION OF HOUSING AND COMMUNITY RENEWAL
                        ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                                    DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: Provide for increased community representation and access to decision
making processes

         Action Agenda
     •   Provide information to tenants on energy reduction measures, recycling, etc. in the form of
         pamphlets or fact sheets, also in Spanish where appropriate, in the lobby of state-funded
         properties. Provide awareness training to DHCR staff on environmental justice.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   DHCR will include members of the Environmental Justice Task Force on the schedule of
         public hearings for the NYS Consolidated Plan, which is completed every 5 years, and in
         the public comment process of the Annual Action Plan and Annual Performance Report
         associated with the NYS Consolidated Plan.

     •   The NYS Consolidated Plan articulates the state’s housing strategy. In the development of
         the Plan, NYS follows the approved Citizen Participation Plan. DHCR and other agencies
         and stakeholders solicit input on the development of the draft Plan as well as after the Plan
         is published by conducting a series of public hearings at four different, geographically
         dispersed communities across the State. In addition, hearing notices are provided to a
         minimum of 20 newspapers across the State, including non-English media. The schedule
         of public hearings is also forwarded to members of several state level task forces such as
         the Governor's Task Force on HIV/AIDS, members of the Rural Preservation Coalition
         Task Force, members of the Neighborhood Preservation Task Force, as well as members of
         the New York State Task Force on the National Affordable Housing Act (NAHA) and its
         Partnership Advisory Committee (PAC).

Recommendation 3: Offer Technical Assistance Grant Programs

         Action Agenda
     •   DHCR will notify its community groups funded under the Neighborhood and Rural Preservation
         Programs of Technical Assistance Grants available from DEC. These grants can be used as a
         citizen participation tool for eligible community groups to increase public awareness and
         understanding of remedial activities taking place in their community.

Recommendation 4: Develop Environmental Justice and Sustainability Provisions in
Permitting



                                                                                                         59
       Action Agenda
   •   DHCR funds affordable housing developments in low-income communities. From our
       2008 competitive application funding round, to date, 54 housing developments
       representing well over 2,000 affordable units statewide have been funded. The majority of
       these projects will participate in NYSERDA’s energy efficiency programs and will
       decrease energy usage by 20% than if built without energy efficient measures. In addition,
       new project scoring criteria was added in 2008 to encourage sustainable affordable housing
       development. Of the 54 projects funded from this round, more than half of the affordable
       housing developments will be built to DHCR’s Green Building standards. These standards
       can be found in DHCR’s Green Building Criteria Reference Manual at
       http://nysdhcr.gov/Funding/UnifiedFundingMaterials/2009/GreenBldgCriteriaReferenceM
       anual.pdf (See Stakeholder Recommendations on Sustainable Development below).

Recommendation 5: Give priority to environmental justice communities in relevant RFP
requirements, scoring systems for funding, assistance and training programs

       Action Agenda
   •   DHCR will work with the Department of Labor and other agencies and organizations as
       appropriate to explore the feasibility of encouraging or incentivizing the hiring and training
       of workers from the local community.

Recommendation 6: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   DHCR has developed an Energy Efficiency Initiative to encourage developers to
       incorporate energy efficiency measures into both new construction and rehabilitation of
       affordable housing projects.     We will continue to work with NYSERDA and other
       agencies to seek additional ways to utilize existing and new funding sources to include
       energy efficient measures in affordable housing developments funded by DHCR.

   •   DHCR will review design requirements for development and maintenance of the agency’s
       affordable housing portfolio and include environmentally-friendly landscaping and
       plantings.

Recommendation 7: Diversify and Green the Workforce

       Action Agenda
   •   DHCR will work with the Departments of Labor and other agencies to explore the
       feasibility of encouraging or incentivizing the hiring and training of workers from the local
       community, thereby promoting and creating green jobs and instilling a sense of pride in the
       community.

Recommendation 8: Provide Environmental Justice Training for Agency Staff

       Action Agenda


                                                                                                        60
      •   DHCR will work with DOL and DEC to provide awareness training to DHCR staff on
          environmental justice to increase awareness of the issues.

II.       Draft Specific Recommendations and Agency Actions

Sustainable Development

          Stakeholder Recommendation
      •   DHCR should incorporate sustainability in buildings and communities into its mission of
          preserving affordable housing.

          Action Agenda
      •   Two initiatives already exist which begin to answer this recommendation, a Green Building
          Initiative and Energy Efficiency Initiative.

      •   One of DHCR’s highest priorities is the preservation of affordable housing (preserving
          affordable units and preventing them from being lost to market rate housing). This
          sustainability strategy aims to provide the maximum number of units available for low to
          moderate income populations at affordable rents. In addition, DHCR’s Commissioner has
          made a commitment to expand the agency’s focus on sustainable development and align
          community development and affordable housing investment strategies with
          environmentally responsible building practices.

      •   Since early 2007, DHCR has worked to improve the environmental conditions of
          communities. In November 2007, DHCR introduced a new Green Building Initiative
          (GBI) which encourages the development of green, sustainable affordable housing by
          including incentives in the DHCR funding process. Developers who meet DHCR’s green
          building criteria gain a significant advantage in the competitive application process. The
          GBI includes many criteria to improve the lives of residents in low-income communities.
          This initiative includes several smart growth criteria such as siting projects near existing
          infrastructure, existing development, infrastructure and public transit to encourage more
          walkable communities, re-development of brownfields, use of non-toxic construction
          materials and practices to promote healthy indoor air quality such as low VOC paints,
          green carpets, mold-reducing measures, better ventilation and integrated pest management.
          A Green Building Criteria Reference Manual is available on our website at
          http://nysdhcr.gov/Funding/ to educate and assist developers in creating sustainable and
          healthier housing.

      •   Additionally, in November 2007, to increase energy efficiency in the projects we fund and
          help and reduce utility costs for tenants and building owners, DHCR introduced a new
          Energy Efficiency Initiative to encourage developers to incorporate energy efficiency
          measures into both new construction and rehabilitation of affordable housing projects
          through participation in NYSERDA's energy efficiency programs. Projects including
          comparable energy efficient measures located outside NYSERDA’s territory are also
          eligible for incentives.



                                                                                                         61
State Environmental Quality Review Act (SEQR) Reform

       Stakeholder Recommendation
   •   Evaluate the continued use of the Short Environmental Assessment Form (EAF) for its
       usefulness to permit analysts. Options include use of only long EAF, expand short EAF to
       provide more information on community-related issues and environmental justice issues,
       and review of the Type I activity list. In addition, DEC should issue guidance on filling out
       and using the EAF.

       Action Agenda
   •   DHCR will provide input to DEC on recommendations for revisions to SEQR regulations,
       particularly expansion of the Short EAF, the capacity of lead agencies to conduct a
       thorough review and the use of SEQR as an avenue for NIMBY-ism (Not In My Back
       Yard) to stall or defeat an affordable housing project.

Brownfields

       Stakeholder Recommendation
   •   DHCR should address gentrification that could follow a brownfield clean-up.

       Action Agenda
   •   Redevelopment of brownfields is included in DHCR’s Green Building Initiative where
       applicants receive a scoring advantage for redeveloping a brownfield. DHCR regulations
       currently set rents in their funded housing developments at a percentage of the Area
       Median Income, thus providing low-income residents with affordable rents. To address
       gentrification of a neighborhood as a result of a brownfield redevelopment, DHCR will
       review its funding application documents for opportunities to place greater emphasis on
       creating and promoting mixed income developments to prevent the displacement of low-
       income residents while encouraging those with higher incomes to invest in the
       neighborhood.

Green Jobs and Green Infrastructure

       Stakeholder Recommendation
   •   Sustainable green collar jobs should be made available to residents in environmental
       justice communities and agency RFPs should explicitly set forth that goal.

   •   NYS should establish green collar training programs and apprenticeships by working with
       community colleges, existing training programs and BOCES.

   •   Community-based agreements for environmental projects that set forth the job-based
       commitments made to the community should be required.

       Action Agenda
   •   DHCR will work with the Department of Labor and other agencies to develop a strategy to
       use our agency’s Weatherization Assistance Program to provide “green jobs” employment


                                                                                                       62
       opportunities. State agencies plan to work with community groups at the local level to
       advance this initiative.

Transportation Planning

       Stakeholder Recommendation
   •   Transportation planning should include provisions for affordable housing for residents
       displaced by construction of rail lines and highways.

       Action Agenda
   •   DHCR, as a member of the Governor’s Smart Growth Cabinet, will work collaboratively
       with other state agencies and communities to encourage and facilitate affordable housing
       development as part of transit-oriented planning. DHCR’s Green Building Initiative
       encourages developers to locate affordable housing projects (urban, suburban and rural)
       near public transit to reduce dependence on car ownership and reduce related emissions of
       air pollutants. In 2008, DHCR strengthened this criterion by decreasing the required
       minimum distance from public transit.

Solid Waste

       Stakeholder Recommendation
   •   State agencies should tie solid waste issues to green job training and promote composting
       and zero waste management.

   •   Assistance should be available for low-income communities to buy composting bags.

       Action Agenda
   •   DHCR’s Green Building Initiative encourages developers to utilize construction waste
       management and use recycled content material during construction. In the next revision of
       the Green Building Initiative, DHCR will work to strengthen these criteria and increase the
       percentage needed to meet construction waste management and recycled content material
       requirements.

Prevent Lead Poisoning

       Stakeholder Recommendation
   •   Increase funding for upgrading older housing stock containing lead paint.

   •   Increase incentives for contractors and landlords and reduce paperwork or increase funding
       for qualified contractors.

   •   Enhance the interagency effort led by DOH to prevent lead poisoning. DHCR, DEC,
       DOH, DOL and others could combine efforts to increase prevention.

       Action Agenda



                                                                                                     63
   •   DHCR, through its NYS Action Plan 2009, recognizes that the biggest source of lead for
       children in NYS is older housing stock containing lead-based paint. This document sets
       forth actions to evaluate and reduce lead based-paint hazards. DHCR will continue to
       work with DOH and other agencies to address LBP issues. More information on DHCR’s
       key initiatives regarding lead-based paint can be found on page 54 of this plan. The 2009
       Action        Plan      can      be      found       on     DHCR’s         website      at
       http://nysdhcr.gov/Publications/ActionPlan09/

Eliminate Toxic Materials

       Stakeholder Recommendation
   •   NYS should create policies to eliminate toxic chemicals, especially persistent
       bioaccumulative toxins, and widely promote safe alternatives.

       Action Agenda
   •   DHCR’s Green Building Initiative encourages the use of green building practices and
       materials to reduce toxic materials and promote a healthy living environment, including
       use of low VOC paints, primers, adhesives and sealants; formaldehyde-free composite
       wood; and low VOC or green carpets. DHCR will expand the applicability of the “healthy
       living environment” criteria to a greater number of tenants and homeowners and seek other
       ways to reduce or eliminate the use of toxic chemicals at DHCR-funded or regulated
       affordable housing developments.

Community Gardens/Urban Agriculture

       Stakeholder Recommendation
   •   Provide incentives for developers if they build community gardens in their developments.

       Action Agenda
   •   Through the DHCR-funded Neighborhood and Rural Preservation Companies, community
       gardens are an eligible activity, as long as they are in the company’s service area and have
       the purpose of “assistance to a municipality.” DHCR will explore further the feasibility of
       expanding or promoting the community garden concept. Activities could include hosting
       informational meetings or providing related literature, assisting groups to locate a site, or
       be part of a collaborative neighborhood effort to provide residents with healthy food
       options. More information on the Neighborhood and Rural Preservation Program and
       Companies       can      be      found      at     http://nysdhcr.gov/Programs/NPP/      and
       http://nysdhcr.gov/Programs/RPP/.

   •   In addition, DHCR will examine incentives for developers who provide space, either onsite
       or in the neighborhood, for a resident or community garden and explore the feasibility of
       providing incentives for developers who locate their project within an acceptable distance
       to a supermarket, co-op or established farmers market providing access to fresh, healthy
       foods.




                                                                                                       64
                                 NEW YORK STATE
                          DEPARTMENT OF LABOR (NYSDOL)
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                               DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to
Decision Making Processes

         Action Agenda
     •   NYSDOL’s Office of Communications will collaborate with the New York State
         Department of Environmental Conservation (NYSDEC), to develop Environmental Justice
         (environmental justice) information resources appropriate for NYSDOL to include in its
         various forms of communication with the public (e.g., publications, fliers, incoming
         phone-calls, etc.). NYSDOL will also participate on an Interagency Task Force charged
         with developing a resource to be used by all interagency staff to facilitate timely and
         appropriate referrals of incoming calls from the public with environmental justice
         implications.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   NYSDOL will dedicate a place on its website to present general information on
         environmental justice issues and display links to help end users navigate to other sites best
         suited to meet their respective environmental justice needs. In addition, NYSDOL will
         designate a representative to assist the public with information regarding environmental
         justice concerns and assist with access to NYSDOL information.

     •   At the Interagency Task Force stakeholder meeting on February 27, 2009, NYSDOL
         agreed to work with stakeholder group WE ACT for Environmental Justice. WE ACT will
         serve as an intermediary between NYSDOL and the environmental justice community. In
         order to ensure compliance with the New York State ethics law, WE ACT will not be
         applying for funding through RFPs or other measures.

     •   This NYSDOL Action Agenda also addresses the specific stakeholder recommendation of
         the Air Quality Working Group – “Each State Agency will designate an environmental
         justice person who will assist the public with information regarding environmental justice
         activities and achievements.”

Recommendation 3: Create a New York State Environmental Justice Database and Map

         Action Agenda




                                                                                                         65
   •   NYSDOL’s Division of Research and Statistics and Planning and Technology Division
       will collaborate on this project. A NYSDOL representative will participate on the
       workgroup.

Recommendation 4: Give Priority to Environmental Justice Communities in Relevant RFP
requirements, Scoring Systems for Funding, Assistance and Training Programs

       Action Agenda
   •   NYSDOL will work to incorporate environmental justice into the scoring of its grant
       solicitations. NYSDOL has an extensive history of offering grants to private sector, for-
       profit and not-for-profit organizations for skills training and other activities. These
       opportunities are offered through the issue of competitive and non-competitive requests for
       proposals and requests for applications. The positive impact of these grants cannot be
       overstated.

   •   The NYSDEC has maps posted on-line at http://www.dec.ny.gov/public/899.html which
       show the environmental justice areas of the state on a county-by-county basis. The
       Department will work with NYSDEC to develop a more refined listing that would allow
       environmental justice zones to be readily identified. In the interim, NYSDOL will identify
       the boundaries of environmental justice areas throughout the state, using the same census
       tract data as the NYSDEC maps. Grant applicants that are located and/or grant
       applications which target individuals for services who live in environmental justice zones
       would be eligible to receive additional points in the scoring of their applications. These
       additional points would increase the chance of an award being received and potentially
       increase the amount of grant funds flowing into environmental justice impacted areas.
       Grant solicitation, application and review documents would have to be modified to request,
       capture and score the new information—NYSDOL will work with NYSDEC to achieve
       this. The assessment of the eligibility for these additional points would be made at the
       beginning of the application review process.

Recommendation 5: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   NYSDOL’s Asbestos Control Bureau will factor in environmental justice criteria so that an
       asbestos project in an environmental justice area would be assigned a higher priority than
       another similar project. NYSDOL’s Asbestos Control Bureau oversees the abatement of
       toxic hazards associated with asbestos fiber during the rehabilitation, reconstruction or
       demolition of buildings and other structures originally constructed with asbestos or
       asbestos containing materials. The Bureau enforces the New York State Labor Law and
       Industrial Code Rule 56 (Asbestos). Requirements of this code include the licensing of
       contractors, certification of all persons working on asbestos projects, filing of notifications
       of large asbestos projects and pre-demolition survey of buildings to identify any asbestos,
       which may be present, to ensure proper abatement of asbestos materials.




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       The Bureau conducts inspections of ongoing asbestos projects with a priority given to
       complaints and to projects involving larger amounts of friable asbestos and higher
       potential impact on the public, such as schools, hospitals, day care centers, and malls.
       Within any given level of priority, the Bureau could factor in environmental justice criteria
       so that an asbestos project in an environmental justice area would be assigned a higher
       priority than another similar project. Thus, for example, while the Bureau may not have
       sufficient staff to inspect all asbestos projects involving smaller residences, factoring in
       environmental justice can ensure that the residences the Bureau does inspect will include
       those in environmental justice areas.

       To accomplish this, NYSDOL would make use of data provided by NYSDEC that
       identifies potential environmental justice areas by geographic categories such as zip codes.
       NYSDOL would work with NYSDEC to use Service Oriented Architecture to enable
       NYSDEC's data to be automatically queried through the Bureau's computerized case
       management system; an environmental justice indicator could thus be assigned to project
       notifications (based in a zip code match) so that the computerized system could use that
       environmental justice indicators to highlight specific notifications involving an
       environmental justice location and to sort prioritized lists of notifications, which individual
       supervisors in each region could use in assigning inspectors to specific sites.

Recommendation 6: Diversify and Green the Workforce

       Action Agenda
   •   NYSDOL continues to pursue opportunities to address the workforce needs of low-income
       individuals to further goals of environmental justice. Early in 2008, NYSDOL identified
       clean energy (which includes energy efficiency) as a priority sector, and has since begun
       redirecting resources to address the workforce development needs of the Clean Energy
       sector. This includes creating employment opportunities that move low-wage workers into
       self-sufficiency.

   •   In addition, NYSDOL has been directed to assist with addressing workforce development
       (“green jobs”) for the Governor’s Renewable Energy Task Force, and the Department is
       working closely with the Governor’s Office to align the work of the Governor’s
       Renewable Energy Task Force with other State workforce development initiatives, notably
       that of the State’s Energy Efficiency Portfolio Standard (EEPS).

   •   NYSDOL’s role with the Governor’s Renewable Energy Task Force has facilitated
       positive collaboration on workforce development to address green job career pathways,
       which provide individuals in environmentally and economically disadvantaged
       communities with the work readiness skills, occupational skills and employment supports
       needed to obtain entry-level positions as a career pathway to higher skilled-higher wage
       employment. The collaboration includes the following New York State agencies:
       NYSDEC; NYSDOL; Department of Public Service (DPS); Division of Housing and
       Community Renewal (DHCR); Dormitory Authority (DASNY); Empire State
       Development Corporation (ESDC); Energy Research and Development Authority
       (NYSERDA); Office of Children and Family Services (OCFS); and Office of Temporary


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       Disability Assistance (OTDA). It also includes SUNY, CUNY, New York City Economic
       Development Corporation (NYCEDC), the Center for Energy Efficiency and Building
       Science (CEEBS), advocacy organizations, BOCES, community-based organizations and
       the Workforce New York One-Stop System.

       This NYSDOL Action Agenda also addresses the following work group recommendations:
            Land Use Work Group – The State should determine which agencies currently are or
            could be involved in supporting Green Job training and identify sources of funding
            for this training.
            Water Quality Work Group – Sustainable green collar jobs should be made available
            to residents in environmental justice communities; RFPs should explicitly set forth
            that goal. Establish green collar training programs and apprenticeships by working
            with community colleges, existing training programs and BOCES.

Recommendation 7: Provide Environmental Justice Training for Agency Staff

       Action Agenda
   •   NYSDOL’s Office of Staff and Organizational Development (OSOD) will collaborate with
       NYSDEC and the Governor’s Office of Employee Relations (GOER), to develop
       environmental justice awareness training for NYSDOL staff. The environmental justice
       awareness training would be similar to the current staff awareness training for hazardous
       materials and sexual harassment.

   •   The environmental justice awareness training would initially be targeted for staff that tend
       NYSDOL’s toll free numbers, to increase their awareness and recognition of
       environmental justice related issues which may be raised directly or indirectly by callers.
       This would allow calls with environmental justice implications to get appropriate referrals.
       NYSDOL field staff would subsequently be targeted for environmental justice awareness
       training to help them recognize circumstances with environmental justice implications,
       with a view towards making appropriate referrals.

   •   NYSDOL will also encourage local workforce investment boards, as well as other
       workforce development partners, to adopt policies intended to increase environmental
       justice awareness among their staff. NYSDOL would provide information and assistance
       to its partners in adopting such policies.

   •   This NYSDOL Action Agenda also addresses the specific stakeholder recommendation of
       the Air Quality Work Group to, “Develop agency procedures that detail how agencies will
       listen and respond to environmental justice community concerns.”




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                                    NEW YORK STATE
                           DEPARTMENT OF PUBLIC SERVICE (DPS)
                       ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                                 DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to Decision
Making Processes

         Action Agenda
     •   When DPS holds public statement hearings that implicate environmental justice concerns,
         DPS staff will work with community based organizations and citizens groups to schedule
         those hearings at times and in places that encourage participation by the environmental
         justice community. DPS will work more actively with community groups and
         neighborhood associations to learn from the first-hand knowledge and experience of those
         who live in environmental justice areas. DPS will be sensitive to the needs of non-English
         speaking participants in the course of all siting proceedings.

     •   This Action Agenda also addresses the specific stakeholder recommendation below that
         states: “DPS should make its public hearings and printed materials more accessible and
         available for residents of distressed neighborhoods.”

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   As more fully described in the DPS Agency Survey of current programs, in the
         Commission Order Instituting the Energy Efficiency Portfolio Standards (EEPS)
         proceeding, the Commission explicitly discussed the importance of environmental justice
         concerns in the development of this new energy efficiency initiative. At a roundtable last
         winter, environmental justice leaders identified three major issues to address during the
         proceeding:

            1. Community participation in education and outreach on energy efficiency.
            2. Obtaining workforce training.
            3. Studying the health and environmental impacts on environmental justice
               communities of peaking turbines.

         Environmental justice advocates identified the study of targeted energy efficiency
         programs to reduce reliance on certain peakers and to avoid the need for new power plant
         construction in their neighborhoods.

     •   A working group (Working Group VIII), including environmental justice leaders as well as
         utility, generator, consumer, government and other parties, filed its preliminary report on
         environmental justice issues, among other things, on October 17, 2008. In particular, this
         group was charged with exploring the use of energy efficiency and other measures,


                                                                                                       69
       including demand response technologies, to reduce the need for the most polluting
       generating plants located in or near identified environmental justice communities,
       consistent with electric system reliability.

       The Working Group formed a technical study group to review existing studies and data on
       health impacts; and to compile data that could support recommendations to maximize peak
       reduction and energy efficiency resources in or affecting environmental justice
       communities, estimating it would complete the initial assessment by May 2009 and submit
       a final report. To date, the technical study group (including Sustainable South Bronx, DEC,
       Con Edison, the NYISO, DPS Staff and NYSERDA), has identified subject peakers
       located in or near environmental justice areas, and among those, a subgroup whose load
       may be appropriate for demand-side reduction measures.

       The Report of Working Group VIII, issued on October 17, 2008, informed the actions of
       the Public Service Commission, which at its February 12, 2009 session instituted a new
       proceeding to examine potential initiatives to promote demand response in [NYISO Zone
       J, served by Consolidated Edison of New York, Inc. (Con Ed)] parts of the state where
       peak load reduction would produce greatest results. In the instituting order, the
       Commission mandated “[i]identification and description of proposed cost-effective
       demand response programs, including but not limited to programs that could be targeted to
       reduce a) system coincident peak, b) individual network peaks, and c) operation of
       generating units in environmental justice areas.”

       The Commission’s order instituting the new proceeding also provides that demand
       response programs will no longer be within the purview of the EEPS proceeding. Parties
       interested in this group of issues were instructed that they should request active party status
       in Case 09-E-0115.

       The DPS appreciates the contributions to the EEPS proceeding from representatives of the
       environmental justice community, particularly from New York City, and looks forward to
       continued assistance and collaboration in the new Demand Response Initiatives (DRI)
       proceeding. The Department is committed to developing this relationship further as
       programs are advanced in accordance with (DRI) and if a new power plant siting law is
       enacted. Additionally, DPS is giving thought to developing a list of speakers on topics of
       critical interest to environmental justice communities and offer the availability of these
       speakers for neighborhood meetings.

   •   This DPS Action Agenda also addresses the following specific stakeholder
       recommendation below: “DPS should actively pursue opportunities to interact with the
       environmental justice community in those neighborhoods that are distressed.”

Recommendation 5: Develop environmental justice and sustainability provision in permitting

       Action Agenda
   •   While DPS is not directly involved in either process, it will be the implementing agency if
       there is a new PSL Article X siting law, and expects to provide input to the Governor and


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          lawmakers regarding these issues. The Department’s public forums during permitting
          processes will enable stakeholder access in the permitting proceedings.

Recommendation 9: Provide Environmental Justice Training for Agency Staff

          Action Agenda
      •   DPS will review its training program for staff and evaluate what could be done to raise
          awareness of environmental justice issues, including the following possible improvements:

                A discussion of how permitting decisions impact distressed communities;
                Site visits, including an opportunity to work actively with community-based
                organizations (CBOs) and neighborhood groups;
                A discussion regarding language, communication, and economic barriers that
                discourage participation by the environmental justice community in the
                proceedings of the PSC; and
                An examination of how DPS can develop an appropriate environmental justice
                agenda.

      •   DPS is also exploring the development of a training checklist/template to guide agency
          policy-makers through the decision-making process for policies that may impact
          environmental justice communities. The checklist would pose questions asking whether
          consideration has been given:

                To the impact of the current decision on air and water quality;
                Whether public access to meetings in the environmental justice community has
                been provided;
                Whether language and communication barriers have been addressed; and
                Whether consideration has been given to how this decision will impact the
                quality of life of the residents of the community. This checklist would be
                developed in consultation with environmental justice groups involved in energy-
                related issues around the State.

      •   This Action Agenda also addresses the specific stakeholder recommendation below that: “DPS
          should develop a policy that requires environmental justice awareness and sensitivity training for
          staff. As a beginning, the agency should offer all its attorneys continuing legal education on the
          principles, policies, and relevant laws concerning environmental justice.”

II.       Draft Specific Recommendations and Agency Actions

Article X Legislation

          Stakeholder Recommendation
      •   Legislation needs to address environmental justice by:
                Promoting the equitable siting of safe, clean energy generation and transmission
                facilities;



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                Addressing the disproportionate public health and environmental impacts of
                state–permitted facilities;
                Developing economic incentives to encourage the phasing out of energy
                inefficient peakers: and
                Providing funding to assist the participation of interveners, particularly
                representatives of the environmental justice community, in siting proceedings.

        Action Agenda
    •   If and when the Legislature passes and the Governor signs a new PSL Article X bill, DPS
        will be the implementing agency for the new law. While DPS is not the driver of new
        Article X enactment, it nonetheless stands ready to assist the Governor and other
        lawmakers with concepts that take into consideration the environmental justice
        community. DPS will uphold any new statutory requirements related to the siting of
        electric generation facilities when and if a new power plant siting law is enacted.

    •   As more fully described in the DPS Agency Survey of current programs and discussed
        further above, through its work on Phase II of the Energy Efficiency Portfolio Standard
        (EEPS) as well as its efforts on the recently commenced Demand Response Initiatives
        proceeding (DRI), and its work on the State Energy Plan, DPS is immersed in and is
        becoming keenly aware of the many concerns faced by the environmental justice
        community. This awareness is translating into exploring the use of energy efficiency (such
        as demand response technology and utility rate incentives to encourage customers to shift
        usage and reduce peak loads2) and other conservation measures to address the concerns of
        distressed populations about the health and environmental impact on their communities of
        certain electric generation plants. As indicated above, DPS has placed a priority on
        addressing environmental justice concerns in the EEPS proceeding. Specifically, the
        administrative law judges presiding over the case issued a procedural ruling on July 3,
        2008 that created five new working groups, including Working Group VIII, tasked with
        addressing the potential for energy efficiency, demand response and peak reduction
        measures to mitigate harms to environmental justice communities. On March 20, 2009,
        the Administrative Law Judges assigned to the EEPS proceeding sent a letter to active
        parties concerning the current status and anticipated schedule with respect to Working
        Groups VI (On-Bill Financing) and VIII (Demand Response and Environmental Justice).
        The Report of Working Group VIII, issued on October 17, 2008, informed the actions of
        the Public Service Commission, which at its February 12, 2009 session instituted a new
        proceeding to examine potential initiatives to promote demand response* in [NYISO Zone
        J, served by Consolidated Edison of New York, Inc. (Con Ed)] parts of the state where
        peak load reduction would produce greatest results. In the instituting order, the
        Commission mandated “[I]identification and description of proposed cost-effective
        demand response programs, including but not limited to programs that could be targeted to



*Demand response measures are used to reduce peak loads. Reducing peak loads offers numerous potential benefits,
  including: deferring the need for new generating capacity and new delivery infrastructure; and reducing the need to operate
  older peaking generation facilities (thus improving overall generator efficiency and reducing emissions) and reducing
  energy and capacity costs for consumers. Case 09-E-0115, Proceeding on Motion of the Commission to Consider Demand
  Response Initiatives, Order Instituting Proceeding (issued February 17, 2009), 2.


                                                                                                                          72
       reduce a) system coincident peak, b) individual network peaks, and c) operation of
       generating units in environmental justice areas.”

       The Commission’s order instituting the new proceeding also provides that demand
       response programs will no longer be within the purview of the EEPS proceeding. Parties
       interested in this group of issues were instructed that they should request active party status
       in Case 09-E-0115.

       The DPS appreciates the contributions to the EEPS proceeding from representatives of the
       environmental justice community, particularly from New York City, and looks forward to
       continued assistance and collaboration in the new Demand Response Initiatives (DRI)
       proceeding.

Further Improve Website

       Stakeholder Recommendation
   •   DPS should further improve its website to make it even more user-friendly for the public,
       especially the environmental justice community.

       Action Agenda
   •   DPS will work with environmental justice groups to identify steps that provide
       opportunities for improvement of the website, as well as websites to which the DPS site
       provides links. DPS will be sensitive to the needs of non-English speaking participants
       and those without technical backgrounds in the course of all siting proceedings.




                                                                                                         73
                               NEW YORK STATE
                              DEPARTMENT OF STATE
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                              DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to
Decision Making Processes

         Action Agenda
     •   DOS has targeted and prioritized three Brownfield opportunity areas communities in the
         state that show particular promise for re-development and revitalization– Wyandanch,
         South Buffalo and South Bronx. An inter-disciplinary team will meet and work with a
         local team to identify ways to attract development and investment to these areas. The
         lessons learned from this intensive process will form the basis of Best Practices that can
         then be applied to a broader range of BOA areas. This initiative is a joint project of the
         DOS and the Governor’s Smart Growth Cabinet.

     •   DOS will include “community outreach to underserved communities” in its Smart Growth
         Grant Program RFA language.

     •   DOS will develop a comprehensive report identifying strategies and opportunities to
         combat poverty.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   DOS will spearhead a conference in the fall of 2009 addressing Smart Growth and
         Community Sustainability, with a strong emphasis on equity (environmental, socio-
         economic, and housing). DOS will include community-based organizations in order to
         spur activities on the local level and to make local advocates aware of the many
         sustainability-related programs at the DOS.

Recommendation 6: Give Priority to Environmental Justice Communities in Relevant RFP
Requirements, Scoring Systems for Funding, Assistance and Training Programs

         Action Agenda
     •   The Smart Growth Cabinet and EPF Grant Program will focus a portion of this year’s
         funds on a broad spectrum of Green Infrastructure initiatives– urban agriculture,
         community gardening, “green streets,” water infrastructure, green-collar jobs, and local
         food production, among others. DOS will initially target Syracuse/Central New York and
         Buffalo/Western New York. Other agencies involved in this initiative include DEC,
         ESDC and Agriculture and Markets.




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   •   DOS will, where practicable and applicable, provide priority consideration to “hardship
       communities.” (Such language already included in draft RFA for Green Infrastructure
       Strategies Grant Program, above.)

Recommendation 7: Prioritize Enforcement Actions and Pollution-Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   The draft Priority Growth Centers legislation advanced by the DOS and the Smart Growth
       Cabinet treats Brownfield Opportunity Areas (BOAs) as Priority Growth Centers, which
       will qualify for priority consideration in state programs, technical assistance, spending and
       other assistance.

   •   DOS will work with State DOT, City DOT and the City Planning Department to evaluate
       the proposed plans for the Sheridan Expressway from a land use/Smart Growth
       perspective, focusing on the potential for Smart Growth, neighborhood revitalization,
       economic development, environmental sustainability and housing.




                                                                                                       75
                                 NEW YORK STATE
                          DEPARTMENT OF TRANSPORTATION
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                              DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to
Decision Making Processes

         Action Agenda
     •   NYSDOT will identify existing committees, working groups, and initiatives where the
         addition of an environmental justice representative would be beneficial. NYSDOT has
         included environmental justice representation on the Transportation Enhancement
         Advisory Council. The Department is also considering including an environmental justice
         representative on the New York State Bicycle and Pedestrian Advisory Council.
         NYSDOT will consider environmental justice representation on future committees as
         appropriate.

     •   NYSDOT is currently undertaking an initiative to review and improve upon the current
         public involvement practices for the Department’s planning and design efforts. The goal
         of the initiative is to ensure that all affected groups, including environmental justice
         communities, are recognized, consulted, and given the opportunity for meaningful input.
         As part of the initiative, “best practices” are being identified to promote statewide
         consistency and staff development and further the sharing of practices among the
         NYSDOT Regions.

     •   NYSDOT has established public information officers (PIOs) for each NYSDOT Region
         (11 total). The officers are available to answer questions and provide information about
         our projects. Contact information for each PIO is available on the NYSDOT website. The
         Department has also assigned public involvement coordinators (RPICS) in each Region.
         The Department’s goal in establishing RPICs is to enhance our public presence and to
         strengthen our ability to interact effectively with the public, including the ability to discuss
         the impact of public involvement on transportation-related decision-making.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   NYSDOT will continue to maintain and update our database of community-based
         organizations, statewide local newspapers, local libraries, religious establishments, and
         other entities identified by the public. NYSDOT will continue to distribute public notices
         regularly via mail or electronic mail. The Department will also include environmental
         justice stakeholders on our mailing list for statewide planning rail materials.

     •   NYSDOT is also in the process of identifying and translating vital documents that contain
         information that is critical to obtain the Department’s services and/or benefits. These


                                                                                                            76
       documents will be posted on the internet. Outreach materials are also being translated
       where applicable.

   •   NYSDOT also consults and coordinates with Native American tribes who may be affected
       by our projects. The Department’s Environmental Viewer (a web-based GIS mapping
       application) maps Native American Reservations throughout New York State, which
       facilitates the identification of reservations within specific project areas.

Recommendation 3: Give priority to environmental justice communities in relevant RFP
requirements, scoring systems for funding, assistance and training programs

       Action Agenda
   •   NYSDOT released the GreenLITES program in September 2008, and will continue to
       pursue the program, monitor our progress, and update the rating system as needed.

   •   Background: To recognize transportation project designs that incorporate a high level of
       environmental sustainability, NYSDOT is implementing a project rating program,
       “GreenLITES (Leadership In Transportation and Environmental Sustainability).” Under
       the program, NYSDOT project designs will be evaluated for sustainable practices, and an
       appropriate certification level, based on the total credits received, will be assigned to the
       project. Points are awarded to designs for a wide variety of measures, such as promoting
       use of public transit, providing enhanced public outreach efforts, avoiding previously
       undeveloped lands, planting of native species, reducing existing impervious area, and
       providing new or extended sidewalks. The program will allow NYSDOT to measure our
       performance, recognize good practices, and improve where needed.

   •   NYSDOT anticipates that the program will benefit environmental justice communities by
       recognizing and increasing the awareness of sustainable methods and practices.
       Specifically, points will be awarded for providing project reports and community outreach
       materials in multiple languages, providing sound insulation for public schools, selecting
       site materials that reduce the overall “urban heat island” effect, and providing new
       intermodal connections. The “GreenLITES Scorecard” and other documentation are
       available at: https://www.nysdot.gov/programs/greenlites.

Recommendation 4: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   NYSDOT will work to incorporate clean fuel (e.g., biodiesel, alternative fuels) and diesel
       retrofit requirements into construction contracts within air quality nonattainment areas,
       many of which encompass environmental justice areas. Note that this action may require
       substantial financial resources. However, the funding for NYSDOT construction contracts
       is typically shared between federal and state sources.




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      •   NYSDOT is also currently pursuing the implementation of “green construction practices.”
          Under these practices, all new construction contracts in nonattainment/maintenance areas
          will require the use of ultra-low sulfur diesel fuel (ULSD) in construction equipment.

      •   NYSDOT will advocate for legislative language in the new federal transportation bill that
          recognizes the importance of energy-efficient transportation, such as public transit.

Recommendation 5: Diversify and Green the Workforce

          Action Agenda
      •   NYSDOT is committed to diversification of our workforce and has recently initiated a
          pilot program in Monroe County in cooperation with the BOCES program there to expand
          training opportunities for equipment operator candidates. NYSDOT will continue to
          pursue this program and evaluate the potential to expand the program statewide.


II.       Draft Specific Recommendations and Agency Actions

Decision making and Procedures

          Stakeholder Recommendation
      •   Examine how each agency pursues environmental justice agendas.

      •   Expand agency knowledge of how their activities impact environmental justice
          communities and environmental justice concerns.

      •   Agencies should consider developing a training checklist or template to guide agency
          policy-makers through the decision-making process for policies that may impact
          environmental justice communities.

          Action Agenda
      •   NYSDOT’s Environmental Procedures Manual (EPM) is the comprehensive source for the
          Department’s policy, procedure and technical guidance on environmental matters relating
          to the planning, design, construction and maintenance of transportation facilities. The
          EPM consists of several chapters dedicated to specific impact categories (i.e., air quality,
          noise, hazardous waste). However, the EPM does not contain a chapter dedicated to
          environmental justice. As such, NYSDOT proposes to develop an environmental justice
          chapter in the EPM. NYSDOT will work with NYSDEC in drafting the chapter.

      •   NYSDOT will develop environmental justice and limited-English proficiency training
          modules. Training will be offered to all NYSDOT Main Office program areas, all
          NYSDOT regional staff, all metropolitan planning organizations (MPOs), the Port
          Authority of New York and New Jersey, the New York City Department of Transportation
          (NYCDOT), and the New York City Department of Design and Construction (NYCDDC).

Air Toxins


                                                                                                         78
    Stakeholder Recommendation
•   Create informational material about air toxics to distribute to communities with concerns.
    Develop informational material for public review that specifically addresses the six priority
    mobile source air toxics. Fact sheets should contain information about the levels of these
    pollutants in particular communities where transportation projects are proposed that could
    exacerbate pollutant levels.

•   The state should provide technical assistance for communities where air quality is a
    problem. This would be particularly beneficial to communities dealing with multiple
    projects that typically have short public comment periods.

•   Reduce current levels of air pollution in environmental justice communities and ensure that
    these communities not be overburdened by siting of new facilities or increased releases
    from existing sources (e.g., increased mobile sources). Require that all construction-
    related diesel equipment be subject to best-available technology standards.

•   Require that all development project contractors adhere to anti-idling laws and build in
    penalties into their contract agreements for violations of idling law while on the project
    worksite. Strictly enforce anti-idling rules and provide alternatives to idling in truck
    engines. Mandate the designation of routes for construction equipment, construction-
    related vehicles, and trucks to access new projects or new facilities.


    Action Agenda
•   NYSDOT proposes to develop NYSDOT-specific mobile source air toxics guidance. In
    February 2006, the Federal Highway Administration (FHWA) issued interim guidance
    (“Interim Guidance on Air Toxic Analysis in NEPA Documents”) regarding the analysis of
    mobile source air toxics (MSATs) in documents subject to the National Environmental
    Policy Act (NEPA). NYSDOT has been using this guidance, which presents a national-
    level approach to analyzing MSATs, for our projects. However, guidance that addresses
    issues specific to New York State and provides more detailed analysis procedures is
    needed. The NYSDOT guidance will be based on the FHWA interim guidance and will be
    developed in coordination with FHWA, NYSDOH, and NYSDEC.

•   The U.S. Environmental Protection Agency (EPA) has a webpage dedicated to mobile
    source air toxics: http://www.epa.gov/OMS/toxics.htm#. The webpage has an extensive
    amount of information, including fact sheets that could be accessed by communities and
    individuals with air toxics concerns.

•   NYSDOT provides technical staff at our public information meetings and other public
    outreach events. We also encourage members of the public to contact us via telephone,
    electronic mail or postal mail with questions regarding our projects. The NYSDOT
    website www.nysdot.gov/projects provides the following contact information for every
    Department project: Name of Regional Public Information Officer for the specific project,



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       mailing address, phone number, and a link to send questions and comments via electronic
       mail.

   •   NYSDOT has also assigned public involvement coordinators in each Region. The
       Department’s goal in establishing these positions is to enhance our public presence and to
       strengthen our ability to interact effectively with the public. The responsibilities of the
       staff include, but are not limited to, the following: identifying stakeholders; developing
       public involvement plans; maintaining an awareness of community issues; and working
       with our Office of Civil Rights to coordinate public involvement efforts where limited-
       English proficiency (LEP) communities are impacted.

   •   NYSDOT has developed a Public Involvement Manual, which is used as a guide by
       Department staff in planning and conducting public outreach in project scoping and design
       development. The manual contains a separate appendix chapter (Chapter A4) on
       identifying and involving special needs stakeholders, including minority and low-income
       populations. The manual is available on the NYSDOT website at:
       www.nysdot.gov/portal/page/portal/divisions/engineering/design/dqab/dqab-
       repository/pdmapp2.pdf

   •   NYSDOT proposes to incorporate clean fuel (e.g., biodiesel, alternative fuels) and diesel
       retrofit requirements into construction contracts within air quality nonattainment areas,
       many of which encompass environmental justice areas. Air quality nonattainment areas
       are those areas that have been designated as not meeting one or more of the health-based
       National Ambient Air Quality Standards (NAAQS). Note that this action may require
       substantial financial resources. However, the funding for NYSDOT construction contracts
       is typically shared between federal and state sources.

   •   NYSDOT is also currently pursuing the implementation of “green construction practices.”
       Under these practices, all new construction contracts in nonattainment and maintenance
       areas will:

              Require the use of ultra-low sulfur diesel fuel (ULSD) in construction equipment.
              Include provisions banning the idling of diesel equipment for longer than three
              minutes, with certain exceptions.
              Include provisions to protect air intakes for buildings and/or other facilities from
              the impacts of diesel exhaust fumes.
              Include additional requirements for dust control.

       It is anticipated that the “green construction practices” will benefit environmental justice
       communities, since many of these communities are located in nonattainment/maintenance areas.
       Note that NYSDOT project contractors must comply with all state regulations, including anti-
       idling laws. Contractors who do not abide by anti-idling laws are subject to work suspensions.

Air Quality Standards

       Stakeholder Recommendation


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   •   New York State Department of Transportation should be working with NYSDEC to
       achieve attainment of air quality standards as rapidly as possible to ensure that
       transportation-related projects do not worsen air quality situations in environmental justice
       communities.

       Action Agenda
   •   NYSDOT has made substantial progress in the downstate region to adopt and implement
       strategies to reduce emissions from the transportation sector. Specifically, NYSDOT
       sponsors commuter services, the Clean Air NY program, and regional signal timing
       programs.

   •   NYSDOT consistently and strongly supports NYSDEC’s emission reduction efforts in the
       State Implementation Plan (SIP), which is the State’s plan for reducing air pollution in
       nonattainment areas. The U.S. Environmental Protection Agency (EPA) requires states to
       adopt SIPs for all nonattainment areas, and periodically to evaluate the effectiveness of the
       strategies prescribed in each SIP.

   •   NYSDOT has taken a leadership role in the interagency consultation process for
       transportation/air quality conformity in New York State. Through the transportation
       conformity process, NYSDOT ensures that transportation projects will not cause or
       contribute to violations of the National Ambient Air Quality Standards (NAAQS).
       NYSDOT has also encouraged metropolitan planning organizations (MPOs) to perform a
       “Build/No-Build” emissions reduction test in addition to the minimum emissions test
       required by the state and federal transportation conformity rules.

Noise Pollution

       Stakeholder Recommendation
   •   Address noise pollution in environmental justice communities. There should be more
       enforcement of noise regulations in residential areas addressing noise from commercial
       vehicle use of loud air brakes, engines, and horns.

       Action Agenda
   •   NYSDOT’s procedures for conducting noise analyses are specified in the NYSDOT
       Environmental Procedures Manual (EPM), Chapter 3 (available on-line). It is anticipated
       that the proposed environmental justice chapter in the EPM (see response to
       recommendation #1) will discuss noise from NYSDOT projects in environmental justice
       communities.

Diesel Vehicles

       Stakeholder Recommendation
   •   Require all public and private diesel vehicle fleets to be retrofitted with pollution reduction
       equipment (e.g., diesel catalyst).

   •   When diesel engines are rebuilt, consider requiring pollution control devices.


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   •   Consider removal of buses and trucks at designated mileage threshold and mandatory
       pollution controls on older vehicles.

   •   The priority for retrofitting of diesel vehicles should occur for trucks traveling in or
       through environmental justice communities and vessels and boats navigating in waters
       adjacent to environmental justice communities.

       Action Agenda
   •   To comply with the New York State Diesel Emissions Reduction Act (DERA), NYSDOT
       has developed a three-year plan to install retrofit equipment on the Department’s fleet of
       pre-2007 model year on-road diesel vehicles (model year 2007+ vehicles are already
       equipped with the emissions-reducing technology). The fleet will be retrofitted at a rate of
       1/3 of the fleet per year for three years. The engines to be retrofitted each year were
       specifically chosen to allow the Department to accomplish the mandate in the allotted
       amount of time (100% compliance by December 2010). DERA, which was made available
       for public comment, requires all state agencies and contractors performing work on behalf
       of state agencies to retrofit existing on-road diesel engine-powered vehicles with best
       available retrofit technology. NYSDEC is responsible for establishing rules for
       implementation of the law and final enforcement of the law.

   •   NYSDOT has also initiated a study to assess the effects of retrofit equipment on a wider
       array of diesel equipment in the state. The results of the study should provide the
       Department with the information needed to expand the retrofit program, based on available
       funding.

   •   As previously stated, NYSDOT proposes to incorporate clean fuel and diesel retrofit
       requirements into construction contracts within air quality nonattainment areas. This effort
       would result in the retrofit of private vehicle fleets.

Mass Transit Planning and Programs

       Stakeholder Recommendation
   •   Promote rideshare programs and mass transit alternatives. Create incentives to promote
       these efforts. Develop public service announcements promoting behavioral changes that
       lead to a reduction in air quality impacts (such as mass transit or ride sharing, reducing
       appliance use during peak electrical demand periods). Transportation systems must enable
       communities to access employment that is not in the business core of an urban area.

            Transportation planning needs to address the needs of poor rural populations.

            Increase collaboration between local planning agencies and their local communities.
            Require that local transportation planning agencies ensure that new investments and
            changes in transit facilities, services, maintenance, and vehicle replacement deliver
            equitable levels of service and benefits to minority and low-income populations.



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         Build mass transit incentives into the federal transportation bill.

    Action Agenda
•   NYSDOT has proposed the Upstate NY Commuter and Traveler Assistance Program to
    the Governor’s Office and will continue to pursue the effort. In Upstate NY, NYSDOT
    recognizes that rising gas prices, longer commutes, generally lower per capita incomes,
    aging populations, and no or limited transit options are adversely affecting the population
    in New York’s urban, suburban, and rural counties. The situation is compounded by a
    general lack of coordinated commuter assistance programs and regional rideshare matching
    services. To address this problem, NYSDOT is proposing to seed fund an Upstate NY
    Commuter and Traveler Assistance Program. NYSDOT would continue to work with
    metropolitan planning organizations (MPOs) in enhancing existing rideshare programs and
    work with rural communities in developing a new program. The overall program would
    consist of three components:

           1.   Commuter assistance services
           2.   Online rideshare matching services
           3.   Mobility management (human service mobility managers)

•   511 New York will be a free, one-stop, all-encompassing phone and web service offering
    information on transportation services and conditions throughout New York State.
    Dynamic information on traffic and weather conditions will be provided, along with a
    transit trip planner with information on schedules, routes, fares, and park and ride lots;
    carpool, vanpool and rideshare referrals; bicycling information and more. The traffic
    information will include congestion, incidents, traffic camera images, travel speeds and
    times, work zones and special, planned events. The system will provide a critical single-
    point information source during transportation emergencies. The service is being
    developed through the leadership of NYSDOT and will be operated 24 hours a day, seven
    days a week. A complementary web link between this program and Clean Air NY will
    also be established. The purpose of the 511 New York service is to enable travelers to
    make informed choices about their trips, and improve mobility, reliability, and safety while
    reducing the impact of transportation on the environment. NYSDOT will continue to
    pursue this service.

•   Clean Air NY is a network of individuals, employers, employees, and community
    organizations in the New York metro area committed to the idea that every person can help
    clean our air. NYSDOT sponsors Clean Air NY in support of region-wide air quality
    efforts. The program stresses that everyday choices, such as combining trips, using public
    transit, ridesharing, and reducing the use of air conditioning, can make a difference in
    improving air quality. NYSDOT also issues Air Quality Action Days as part of the Clean
    Air NY program. Air Quality Action Days are days when air quality is predicted to be in
    the unhealthy range for sensitive groups. On these days, NYSDOT especially encourages
    individuals to limit driving and use transit. The “Clean Air NY message” is spread
    through press releases, outreach materials, public service announcements, advertisements
    on buses (in English and Spanish), and information booths at downstate events. For more




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    information, individuals may visit the Clean Air NY website: www.cleanairny.org.
    NYSDOT will continue to promote this effort.

•   NYSDOT also sponsors several programs that provide free downstate commuter services
    to individuals and employers, such as Long Island Transportation Management, MetroPool
    (Westchester, Rockland, Orange, Putnam, Dutchess, and Ulster Counties), and
    CommuterLink (New York City). NYSDOT plans to continue to sponsor these programs.

•   The Department has a documented process (“Documentation of Procedures for
    Consultation with Public Officials in Rural Areas- revised 2006”) for consulting with non-
    metropolitan public officials with responsibility for transportation, providing them an
    opportunity for their participation in the statewide transportation process. This is distinct
    from the public involvement process. These procedures address consultation with public
    officials who represent the needs of all rural populations, not just the poor.

•   In rural areas (non-MPO areas), the Department usually works on transportation planning
    and programming efforts with the county and the county Transportation Advisory
    Committee (TAC). The TAC actively seeks input from the towns, villages, and small
    cities in the rural areas. One of the transportation issues in rural areas is public
    transportation, specifically transportation to medical facilities for senior citizens.

•   In addition, for every transportation project, NYSDOT staff develops a public involvement
    plan that identifies stakeholders located within the project boundaries. The stakeholders are
    not specifically identified as rural poor or as minorities, but the list is intended to be all
    inclusive. The Department actively seeks their input in public outreach efforts during the
    planning and design of the project. As previously stated, NYSDOT has developed a Public
    Involvement Manual, which is used as a guide by Department staff in planning and
    conducting public outreach in project scoping and design development. The manual
    contains a separate appendix chapter (Chapter A4) on identifying and involving special
    needs stakeholders, including minority and low-income populations. The manual is
    available on the NYSDOT website at:
    www.nysdot.gov/portal/page/portal/divisions/engineering/design/dqab/dqab-
    repository/pdmapp2.pdf

•   The 13 metropolitan planning organizations (MPOs) in New York State are the
    transportation planning partners of NYSDOT for urbanized areas, such as NYMTC for the
    New York metropolitan area and GBNRTC for the Buffalo-Niagara region. The MPOs
    have policy committees with decision-making authority and are comprised of local elected
    officials, transit partners and other transportation agencies. The MPOs work closely with
    the communities in their planning area, providing technical assistance and public outreach
    in their planning and programming activities.

•   As recipients of federal funds, the MPOs are required to consider environmental justice
    principles through its planning and decision-making processes, pursuant Federal Executive
    Order 12898. In response, the MPOs have developed processes to assess the impacts of
    the transportation planning process, the long-term transportation plans, and the


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       transportation improvement programs on the target populations. This analysis has included
       the identification of environmental justice populations in their study areas, and utilizing
       GIS tools to illustrate environmental justice populations in relation to location of
       transportation projects. The MPO web site is: www.nysmpos.org.

   •   New York State has the highest transit usage in the country. Governor Paterson considers
       the Transportation Bill a high priority, and transit is an important component of the
       transportation legislation.

   •   New York State will continue to lobby for additional federal funds for transit to expand
       routes and add frequency to existing routes. Expansion of services is New York’s
       approach to incentivizing transit, not through the reduction of fares.

   •   In addition, NYSDOT will advocate for legislative language in the new transportation bill
       that recognizes the importance of energy-efficient transportation, such as public transit.

Alternative Transportation

       Stakeholder Recommendation
   •   Transportation planning should use the concept of “complete streets” that are designed or
       improved to include trees, bike and pedestrian paths, and other environmental criteria.

       Action Agenda
   •   NYSDOT has a variety of programs and initiatives intended to ensure that the planning
       and design of its transportation projects meet community needs and environmental
       considerations. One of those initiatives is to apply a “Collaborative Task Force/Aesthetic
       Task Force” approach to the planning and design of our projects. When a transportation
       project is recognized as having a significant impact on a community, the Department seeks
       input from the community and in some cases will create a task force. The task force
       members include community groups (including environmental justice representation if an
       environmental justice community were to be impacted), local officials and NYSDOT. The
       goal of a task force is to promote discussion and provide input/feedback regarding features
       that could be incorporated into the final design of the proposed improvements. The task
       forces are developed on a project-by-project basis and are considered a “best practice” for
       community involvement.

   •   The Department employs a Context Sensitive Solutions (CSS) approach to our design
       efforts to ensure that our transportation solutions are designed in harmony with the
       community needs. CSS strives to balance environmental, scenic, aesthetic, cultural, and
       natural resources with community and transportation service needs. Context Sensitive
       projects recognize community goals and are designed, built, and maintained to be
       sustainable while minimizing disruption to the community and the environment.

   •   NYSDOT’s Smart Growth Program seeks to enrich the State's many communities by
       investing in transportation improvements that promote sustainable economic growth and
       contribute to their overall quality of life. These objectives are pursued through a statewide


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       program integrating land use and transportation planning, including the provision of
       training, educational materials, and hands-on planning assistance. The Smart Growth
       Program recognizes that appropriate transportation solutions cannot be limited to
       categories, such as “Main Streets,” if they are to meet the diverse transportation needs and
       characteristics of the State’s many communities. Consequently, the program stresses
       collaboration among local and regional planning agencies to ensure that their development
       plans allow for more broadly sensitive and effective transportation solutions, including
       Transportation Efficient Development in suburban and rural communities.

   •   Finally, NYSDOT works closely with its planning partners, the 13 metropolitan planning
       organizations (MPOs) in New York State. The MPOs are very proactive in their
       involvement with local communities by providing technical assistance and participating in
       planning studies that promote sustainable development.

Rail, Roads, Ports and Shipping

       Stakeholder Recommendation
   •   Encourage freight movement to urban areas by rail and barge rather than truck.

   •   Major roadway expansion projects should include the impacts of existing facilities and
       mobile source contributions to air quality (e.g., widening of the Major Deegan
       Expressway). All major traffic generating projects should undergo an EIS that specifically
       evaluates the air impacts of mobile source pollution generated by the project.

   •   Provide funds earmarked for retrofitting vehicles with emission control devices.

   •   Transportation planning should include provisions for providing affordable housing for
       residents displaced by construction of rail lines and highways.

   •   Require that local transportation planning agencies develop a policy encouraging vendors
       to use alternative fuel vehicles for deliveries.

       Action Agenda
   •   NYSDOT will continue to support rail and port investments in New York State that
       provide public benefits, including enhanced commercial productivity, reduced traffic
       congestion, energy savings, and air quality improvement in excess of their costs.

   •   Pursuant to the National Environmental Policy Act (NEPA) and State Environmental
       Quality Review Act (SEQR), NYSDOT currently conducts air quality analyses for our
       projects. NYSDOT’s procedures for conducting transportation-related air quality analyses
       are specified in the NYSDOT Environmental Procedures Manual (EPM), Chapters 1.1 and
       1.2 (available on-line). As discussed in the EPM, air quality analyses for transportation
       projects consider the impacts of existing facilities and nearby sources. Mesoscale (or
       regional) analyses include all of the roadways that are affected by a project, even those
       roadways that would not undergo direct construction. Microscale (or localized) analyses



                                                                                                      86
       for targeted pollutants consider the impacts of nearby sources by adding background
       concentrations to the concentrations generated by the project.

   •   Funds are available for retrofitting diesel vehicles under the Congestion Mitigation and Air
       Quality Improvement (CMAQ) Program. The objective of the CMAQ program is to fund
       transportation projects and programs in nonattainment and maintenance areas that will
       contribute to attainment and maintenance of the National Ambient Air Quality Standards
       (NAAQS). Municipalities may apply for funding. Private or non-profit entities may also
       apply for funds as part of a public/private partnership. The applicable NYSDOT regional
       office and/or metropolitan planning organization (MPO) have the authority to approve the
       CMAQ applications. The FHWA final guidance regarding the CMAQ Program is
       available at: http://edocket.access.gpo.gov/2008/pdf/E8-24704.pdf.

   •   The U.S. Environmental Protection Agency (EPA) also offers funding for diesel retrofits
       (e.g., Clean School Bus USA, National Clean Diesel Campaign).

   •   The DOT Office of Real Estate acquires property in conformance with the Uniform
       Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act).
       The Department establishes just compensation, makes offers, acquires property, and
       provides relocation benefits without regard to an owner’s or tenant’s ethnicity or income
       status. When relocating persons with low incomes, the policy of the Department is to
       provide supplemental benefits.

   •   In addition, it is the Department’s policy to provide decent, safe, and sanitary housing to
       all persons being relocated regardless of race, color, religion, sex or national    origin,
       and consistent with the requirements of Title VIII of the Civil Rights Act of 1968.

   •   Both the NYS Transportation Master Plan for 2030 and the NYS Rail Plan reflect a broad
       understanding that environmental and energy considerations must be fully integrated with
       sound transportation planning and investment strategies. Some of these strategies
       specifically address the use of alternative fuels. For example, the State has initiated new
       technology-based programs to improve fuel efficiency such as the expansion of EZPass,
       increasing reliance on alternative fuel vehicles, and providing truck access to electricity
       outlets at truck stops. At the local level, comparable efforts are taking place to use
       alternative fuels with the bus fleets.

Non-Purview Stakeholder Recommendation

       Stakeholder Recommendation
   •   An agreement should be made between US and all foreign countries that would require
       shipping vessels from other countries to comply with US emission reduction strategies if
       they desire to participate in US commerce.

   •   Fines levied on harbor pollution should be set aside for funding alternative clean energy
       sources for fueling vessels. Additionally, some of this money should be earmarked for
       providing affordable devices to small and medium size businesses engaged in harbor


                                                                                                      87
    transport. The goal of the program would be to increase the number of vessels and boats
    retrofitted with emission control strategies. This program could be extended to foreign
    vessels on the condition that the retrofit takes place in US and US certification and
    emission inspection is conducted.

•   Outdated vessels and boats that cannot be retrofitted should be removed from service and
    recycled for other uses.

•   Evaluate shipping and receiving transportation and other harbor activities in environmental
    justice communities and develop strategies for reducing truck traffic in these areas. In
    particular, the increase in harbor traffic along the North Shore of Staten Island and
    corresponding increase in truck traffic should be evaluated and emission impacts should be
    reduced. All harbor traffic, regardless of vessel size, should be regulated. To reduce
    emissions from idling diesel engines, energy alternatives should be identified for docked
    boats.

    Action Agenda
•   These comments involve actions that are typically outside of NYSDOT’s authority. The
    Port Authority of New York and New Jersey is responsible for harbor and shipping
    activities. NYSDOT will work with the Port Authority on issues related to truck traffic.

    Stakeholder Recommendation
•   Require that local transportation planning agencies develop an off-site truck receiving
    facility for transportation of goods and supplies. Require that local transportation planning
    agencies manage and time deliveries and truck traffic to avoid congested times and
    sensitive sites like schools, playgrounds, and busy pedestrian streets.

    Action Agenda
•   For clarification purposes, the MPOs do not invest in capital projects such as off-site
    trucking facilities nor do they manage the operations of trucking companies; rather they
    assist transportation operators through planning studies.




                                                                                                    88
                                     NEW YORK STATE
                                DIVISION OF HUMAN RIGHTS
                        ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                                  DRAFT ACTION AGENDA
I.       Draft General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to Decision
Making Processes

         Action Agenda
     •   Through its enforcement of the New York State Human Rights Law, the State Division of Human
         Rights (DHR) reaches disenfranchised communities around the State, communities seriously
         impacted by the social injustice of discrimination in employment, housing, education and public
         accommodation, and by environmental injustices. As part of our outreach strategy, we
         communicate regularly with community activists and organizations in many historically
         disenfranchised communities. We maintain eleven regional offices around the state (specific
         contact information on the regional offices can be obtained at the DHR website
         www.dhr.state.ny.us. These regional offices have direct contact with local community groups.
         DHR has Memorandums of Understanding with local City and County Human Rights
         Commissions. As such, we are better able to reach communities of color and with low incomes,
         which represent the historically disenfranchised. On a regular, if not weekly basis, we participate
         in evening and weekend meetings in communities throughout the State on issues ranging from
         housing to hate crimes in our streets and racial tensions in our schools. Our brochures and other
         materials are available in numerous languages to maximize utility to constituents around the state.
         Most recently we initiated a public information program for our Housing Discrimination Office,
         which involved billboards throughout the state and advertisements on public transportation.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   DHR is currently participating in numerous Interagency Task Forces- for example,
         Environmental Justice and the Hate Crimes Taskforce. The Division looks forward to
         collaborating with our sister agencies to engage in substantive outreach to disenfranchised
         communities. Given the difficult economic times, we are seeking to maximize our outreach
         budget by employing technology to reach as many interested New Yorkers as possible. For
         example, on November 17, 2008, the Division held our first statewide webcast, produced by
         SUNY at a minimal expense, to the public. Through technology and collaboration with sister
         agencies, we can reach as many constituents as possible and thereby increase citizen
         participation. The response to the web cast was positive. A second web cast will take place in
         June 2009. We are exploring other avenues to reach more of the public, including an initiative
         involving “training the trainer” and a school-based program to educate our communities on our
         laws and our mission. The Division will continue to provide advice and assistance to local
         communities seeking assistance in education about, and prevention of, unlawful discrimination
         in every area, including leading the state in enforcing the Human Rights Law.



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Recommendation 7: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   Our greatest impact in communities identified as environmental justice communities can be in the
       area of enforcing the anti-discrimination in housing laws. The Division enforces the Human
       Rights Law in the context of housing. The Division does this in conjunction with the United
       States Department of Housing and Urban Development. If in fact landlords or property owners
       are engaging in discriminatory conduct in regard to tenants or occupants based upon their
       membership in a protected class, the Division has enforcement jurisdiction.       The Division
       adjudicates a substantial number of housing complaints in communities of color which are
       historically disenfranchised. A recent HUD partnered billboard program targeted discrimination
       in housing throughout the state and were developed in multiple languages.

Recommendation 9: Provide Environmental Justice Training for Agency Staff

       Action Agenda
   •   The Division will work with other agencies to develop training in regard to educating and
       sensitizing its own staff and other agency’s staff to environmental justice principles and the
       Human Rights Law. Specifically, the agency will:

              Continue to participate in joint agency collaborations on topics such as environmental
              justice, hate crime prevention and education.
              Continue to develop new programs to increase awareness and prevention of discrimination.

       For more information about DHR and its offices and programs, visit our website at
       www.dhr.state.ny.us.




                                                                                                    90
                                 NEW YORK STATE
                  EMPIRE STATE DEVELOPMENT CORPORATION (ESDC)
                   ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                               DRAFT ACTION AGENDA
I.       General Recommendations and Agency Actions

Recommendation 1: Provide Increased Community representation and access

         Action Agenda
     •   The Empire State Development Corporation (ESDC) is a public benefit corporation that
         engages in various types of economic development activities. It is authorized by law to
         issue bonds to finance these activities. It is also authorized to create subsidiary
         corporations to oversee and perform specific economic development activities throughout
         the state. The Corporation is governed by a nine-member Board of Directors comprising
         two ex-officio members and seven members appointed by the Governor with the consent
         of the Senate.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   All ESD Board meetings are now held at various statewide locations as well as being
         broadcast live on the internet. ESD Board meetings are open to the public, and public
         comment is welcome. For some projects, such as Atlantic Yards, an ombudsperson was
         designated to serve as a full time liaison between ESD, elected officials, community
         representatives and the general public. Notice of Board meetings can be found on ESD’s
         website at www.nylovesbiz.com.

Recommendation 4: Offer Technical Assistance Grant Programs

         Action Agenda
     •   The Entrepreneurial Assistance Program (EAP) was created by the New York State
         Omnibus Economic Development Act of 1987. The EAP continues to help entrepreneurs
         create new businesses and has provided in-depth assistance to minorities, women and
         dislocated workers interested in starting a business. The EAP provides grants to not-for-
         profit corporations, community colleges and boards of cooperative educational services
         (BOCES) for the development of community-based EAP Centers.

     •   Centers are located in communities and provide instruction, training, technical assistance
         and support services to individuals who have recently started or are interested in starting a
         business. Currently there are 21 centers strategically located throughout the state. Centers
         are operated by community-based organizations with close ties to local residents, which
         enable them to adapt services to local needs and demands. Information on EAP Centers
         can be found at:
         http://www.nylovesbiz.com/Small_and_Growing_Businesses/entr_assistance.asp



                                                                                                         91
Recommendation 6: Give Priority to Environmental Justice Communities in Relevant RFP
requirements, Scoring Systems for Funding, Assistance and Training Programs

       Action Agenda
   •   Restore NY is a program designed to encourage economic development and neighborhood
       growth by providing municipalities with financial assistance for revitalization of
       commercial and residential properties. Priority for funding is given to those communities
       that exhibit economic distress, including high unemployment and poverty. In February
       2009, Governor Paterson announced that ESD will accept applications for $150 million in
       Restore NY program grants. Information and application materials can be found at:
       www.nylovesbiz.com/restoreny.

Recommendation 7: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   Empire State Development (ESD) offers assistance to companies that want to substantially
       reduce costs and/or expand operations by reusing, remanufacturing, or recycling materials
       that are normally disposed; or by reducing the volume or toxicity of waste and/or by-
       products. Assistance includes:
             Capital funding: invests in physical assets (such as plant, machinery and equipment
             and infrastructure) needed to achieve pollution prevention, recycling and waste
             reduction at manufacturing and other companies.
             Technical assistance: available for NYS non-profit organizations or municipalities
             that directly assist New York State businesses to achieve pollution prevention, reuse,
             or recycling results.
             Research, development and demonstration (RD&D) funds: available to test, evaluate
             or demonstrate the technical and/or economic feasibility of technologies or practices
             that prevent, reuse, remanufacture or recycle waste.

   •   Eligible applicants include qualified small and medium-sized New York State businesses,
       non-profit organizations and municipalities on behalf of New York State businesses.
       Funding requests are reviewed on a competitive basis throughout the year. The extent of
       private investment and the significance of expected economic and environmental benefits
       are evaluated to determine award amounts.

Recommendation 8: Diversify and Green the Workforce

       Action Agenda
   •   New York State offers assistance to small and large businesses attempting to meet the
       challenges of creating new products, entering new markets and improving production. ESD
       helps to elevate the workforce to meet the highest standards. ESD can also assist with
       training newly hired employees, linking companies with job seekers who possess the
       required skills, and partnering with various organizations to promote New York State as a
       leader in developing a well-trained workforce.


                                                                                                      92
93
                             NEW YORK STATE
          ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA)
                ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                    ACTION AGENDA AND WORKING GROUP RESPONSES

I.       General Recommendations and Agency Actions

         In order to increase overall awareness of environmental justice issues and facilitate the
         incorporation of initiatives that address environmental justice concerns, NYSERDA is
         exploring options for one or more staff to serve as NYSERDA’s environmental justice
         coordinator(s). Although environmental justice is currently an important part of the
         framework of our program offerings, we believe staff dedicated specifically to
         environmental justice issues will strengthen and increase the efficiency of our efforts.

Recommendation 1: Provide for Increased Community Representation and Access to
Decision Making Processes

         Action Agenda
     •   Each year, NYSERDA supports hundreds of community-based outreach events to educate
         consumers about energy savings opportunities and to market our programs. Typically,
         events include a staffed booth with materials and are coordinated with presentations,
         advertisements and information about the events and our programs in local newspapers,
         local cable television spots, links to our website on internet sites, etc. NYSERDA reaches
         many low-income communities through free community newspapers, has outreach
         materials printed in Spanish, and has placed advertisements on popular Spanish websites.
         We also have a Spanish speaking events coordinator that works and attends events.

     •   NYSERDA has targeted low-income consumers and communities of color through a
         grassroots community outreach effort to promote our programs through our Energy $mart
         Communities (E$C) Program. The E$C Coordinators for NYC are both located in low-
         income communities in the South Bronx and Brooklyn and have worked with local
         colleges (Hostos College and Bronx Community College) to sponsor environmental and
         energy fairs.

     •   NYSERDA’s K–12 energy education program, Energy Smart Students, is benefiting
         students with improved energy education in a large number of lower-income communities
         across the state. 65% of the teachers attending workshops teach in schools where at least
         30% of the students participate in the National School Lunch Program and receive free or
         reduced price lunches.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   NYSERDA recognizes the importance of input from external stakeholders, including
         stakeholders from the Environmental Justice community. As written in the mission



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       statement, NYSERDA places a premium on collaboration and reaches out to solicit
       multiple perspectives in the development of our programs and procedures. NYSERDA
       solicits stakeholder input to design programs and select individual projects; many of our
       programs and projects have dedicated Advisory Committees. NYSERDA will continue to
       seek ways to better include the Environmental Justice community in our processes.

   •   Additionally, NYSERDA has held, and will continue to hold, annual “Partnership for
       Environmental Improvement” meetings to obtain input on NYSERDA’s programs and
       procedures. The next meeting is scheduled for November 10, 2008 at NYSERDA’s
       Albany office (17 Columbia Circle, Albany, NY, 12203).

Recommendation 5:       Develop Environmental Justice and Sustainability Provisions in
Permitting

       Action Agenda
   •   NYSERDA is not a permitting agency, but has supported, and will continue to support,
       assessments of environmental impacts associated with energy systems to better inform the
       permitting process.

Recommendation 6: Give Priority to Environmental Justice Communities in Relevant RFP
requirements, Scoring Systems for Funding, Assistance and Training Programs

       Action Agenda
   •   NYSERDA will explore programs where the RFP process and associated scoring system
       can be restructured to grant priority to Environmental Justice communities. Also, see
       “Diversify and Green the Workforce” section below.

Recommendation 7: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   NYSERDA is not involved with enforcement actions, but has supported, and will continue
       to support, pollution reduction programs and resources in Environmental Justice
       communities. Examples of our programs follow:

            Clean Diesel and Environmental Monitoring, Evaluation, and Protection (EMEP)
            Programs - Certain communities in New York State are disproportionately impacted
            by air pollution and toxic air contaminants. These communities are often located near
            roadways and heavy industry, tend to be low-income with large numbers of people of
            color, and suffer from higher rates of asthma and other respiratory illnesses. Diesel
            and motor vehicle emissions have increasingly been recognized not only as a
            component of regional particulate matter but a “near source” issue for PM, its
            precursors, and other gases such as NO2 with known health effects. The Clean
            Diesel and EMEP programs support projects related to diesel emission
            characterization, emissions reductions, contribution to air quality, and health effects



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           due to exposure. The following research projects are addressing air quality and
           health issues with Environmental justice concerns:

                  A Study of Ambient Air Contaminants and Asthma in New York City;
                  Assessment of Carbonaceous PM2.5 for New York and the Region;
                  Impacts of Clean Diesel Strategies/Technologies on Air Quality and Exposure
                  in New York;
                  Ultrafine Particles and Cardiac Responses: Evaluation in a Cardiac
                  Rehabilitation Center; and
                  Research Measurements of Chemical Constituents and Related Processes
                  Affecting NYS’s Regional and Urban Ozone and Fine Particle Air Quality.

           Outdoor Wood Boilers/Commercial Wood Boiler Studies - These wood combustion
           appliances are very high emitters of particulate matter and present a near-source issue
           for rural and suburban populations. It is often the economically depressed rural areas
           that are using wood as the economical fuel, yet these communities often lack the
           resources to address the associated environmental consequences.

           Central Brooklyn Project Green - NYSERDA sponsored this project with the
           Bedford-Stuyvesant's Magnolia Tree Earth Center. Project Green joined the efforts
           of environmental activists from neighborhood backyard gardeners to advocates
           promoting green-collar jobs in order to inform the community about current and
           looming environmental challenges and sustainable solutions; this event was the first
           in a series of events that will highlight environmental issues (and solutions) facing
           communities of color.

           Greening of the Bronx - NYSERDA, in coordination with the NYS Department of
           Environmental Conservation and the New York City Department of Parks and
           Recreation, is conducting a major urban reforestation effort in the Bronx. The
           purpose of this $10 million program is to help reduce or contain summertime
           temperature increases and reduce building cooling loads, thereby providing energy
           savings. In addition to targeting areas anticipated to have high electricity load
           pockets and areas suitable for tree planting, efforts were made to include low-income
           and minority neighborhoods in order to address environmental equity concerns.

Recommendation 8: Diversify and Green the Workforce

           Action Agenda
       •   New York State has heavily invested in energy efficiency, building science, and
           renewable energy technologies, practices, workers, and businesses through
           NYSERDA. For the past 10 years, NYSERDA has helped develop many initiatives
           to help train workers for jobs in the renewable energy and energy efficiency sectors.
           Efforts have also included providing training subsidies to help offset training costs.
           NYSERDA is now working with the Governor's Renewable Energy Task Force and
           other state agencies to evaluate the way training costs are reimbursed to the
           economically disadvantaged, and to help deliver these training programs to: inner



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               cities, economically disadvantaged residents, displaced workers, women, minorities,
               veterans, Native Americans, and others. Examples of our training initiatives follow:

               Energy Efficiency and Building Science Training - NYSERDA has provided over $2
               million to Hudson Valley Community College (HVCC) to develop 10 energy
               efficiency and building science training institutions across the state.   To date,
               partners such as HVCC, Bronx Community College (BCC), OCM BOCES, Erie
               Community College, and the Association for Energy Affordability have trained
               thousands of builders and contractors. HVCC and BCC are also two of seven
               photovoltaic training centers supported by a $1 million NYSERDA program. These
               initiatives are linked to NYSERDA’s support of accreditation and certification
               programs such as that of the Building Performance Institute (BPI), the North
               American Board of Certified Energy Practitioners, and the Institute for Sustainable
               Power.

               Technical and Professional Development Programs - For the past 10 years,
               NYSERDA has provided approximately $2 million annually for a number of
               technical and professional development programs to train the existing workforce on
               energy efficiency technologies, practices, and building systems for the
               commercial/industrial (C/I) sector, and to encourage new job opportunities in the
               field. Offerings are organized into four categories: 1) Labor Unions/Trade Training,
               2) Professional Certification Training, 3) Accredited College/University Curriculum
               and Continuing Education, and 4) Career Development and Professional Training.
               Programs range from career development to certificate and degree programs.
               Certifications include BPI, Northwest Energy Efficiency Council, North American
               Technician Excellence, and LEED.

               Clean Energy Training Initiatives - Additionally, NYSERDA issued a new Program
               Opportunity Notice earlier this summer (proposals due June 24, 2008) to provide an
               additional $4 million for clean energy training initiatives with components that target
               the economically disadvantaged.

II.       Draft Specific Recommendations and Agency Actions

Food Working Group

          Stakeholder Recommendation
      •   Encourage (or fund) wide-scale efforts to sustainable agriculture practices.

          Action Agenda
      •   NYSERDA has committed to developing a roadmap to illustrate the goals, challenges and
          priority actions related to the growth of the Controlled Environment Agriculture (CEA)
          industry in New York State. New York State’s production of fresh vegetables and fruits in
          CEA facilities is likely to grow explosively over the next decade and should provide a
          major economic boost to the State’s agricultural sector. There are additional likely
          outcomes from a strong CEA industry that could significantly benefit the environmental



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      justice Community, including the creation of a stable, community-based agricultural
      workforce that is well-integrated into the local community.

      For a detailed description of NYSERDA’s vision for the future of the CEA industry, please
      click on the following:
      http://www.nyserda.org/Programs/IABR/IndustryRD/NYSERDA_Vision.asp.

  •   In addition to developing the roadmap, NYSERDA’s Research and Development (R&D)
      Program has a focused research effort in developing energy efficient CEA technologies (so
      as to mitigate the industry’s impacts on the electric utility grid). NYSERDA will consider
      reaching out to the environmental justice communities to solicit topics of concern relevant
      to the CEA industry, and subsequently developing research efforts focusing on those
      topics.

      Stakeholder Recommendation
  •   Help supermarkets shrink their carbon footprint, save on their electric bills, and reduce
      their burden on the electricity grid through grant programs that help grocers pay for cost-
      effective investments in energy-efficient technology.


      Action Agenda
  •   NYSERDA’s Energy Efficiency Services (EES) Program offers a suite of services that
      focus on the commercial/industrial sector, which includes supermarkets. These programs
      provide energy efficiency evaluations and implementation incentives targeted at increasing
      productivity and economic competitiveness. For a detailed description of these programs,
      please click on the following:
      http://www.nyserda.org/programs/Commercial_Industrial/default.asp

  •   NYSERDA will do targeted outreach of its relevant programs to urban supermarkets that
      serve the environmental justice Community.

      Stakeholder Recommendation
  •   Concerning NYSERDA’s Environmental Monitoring, Evaluation, and Protection (EMEP)
      Program, a question was raised by the food working group as to whether the program
      could benefit the environmental justice food mission.

      Action Agenda
  •   NYSERDA’s Environmental Monitoring, Evaluation, and Protection Program supports
      policy-relevant research that focuses on the energy-environmental nexus, in particular on
      the environmental impacts of energy production. As part of this Action Agenda, the
      EMEP Program addresses recommendations made by both the Water and Air Quality
      Working Groups (see below).

Water Working Group

      Stakeholder Recommendation


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   •   NYS should take a progressive approach to all new development and require that projects
       include climate change mitigation and adaptation strategies. It is paramount that issues of
       energy efficiency, storm surge impacts and sea level rise (particularly in NYC) have
       significant influence on the siting and design of large scale developments.

       Action Agenda
   •   NYSERDA is initiating research (through its Environmental Monitoring, Evaluation, and
       Protection (EMEP) Program) that will identify the anticipated impacts of a changing
       climate on New York’s infrastructure, resources and citizens. We are exploring
       opportunities to include an environmental justice component in the assessment, such as
       identifying populations that are particularly susceptible and adaptation strategies/resources
       specifically tailored for those populations.

       Stakeholder Recommendation
   •   Require CAFOs to do methane recapture.

       Action Agenda
   •   NYSERDA offers incentives through the New York State Renewable Portfolio Standard
       for electricity generated from anaerobic digester technologies at farms, food manufacturing
       facilities, and wastewater treatment facilities. The availability of these incentives
       decreases the economic burden of installing methane recaptures systems at farms (both
       CAFOs and non-CAFOs). For a detailed description of the program, please click on the
       following link:
       http://www.nyserda.org/funding/1146pon.asp

   •   NYSERDA will consider targeted outreach of the program to farms and facilities in the
       State that are capable of emitting methane and located in close proximity to environmental
       justice Communities.

Air Quality Working Group

       Stakeholder Recommendation
   •   Environmental impact assessments of new energy facilities should also include an
       environmental assessment of providing the same amount of energy from other generation
       sources.

       Action Agenda
   •   Although NYSERDA does not directly conduct environmental impact statements for
       generation facilities, NYSERDA’s EMEP Program has supported, and will continue to
       support, comparative environmental impact assessments of new and emerging energy
       technologies. Information on the program can be found through the following link:
       http://www.nyserda.org/programs/Environment/EMEP/

       Stakeholder Recommendation
   •   The state should look at the effects of criteria pollutants (i.e., carbon dioxides, nitrogen
       oxides, sulfur oxides, and particulate matter) aggregately, as opposed to individually.


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       Action Agenda
   •   NYSERDA (through its EMEP Program) has supported, and will continue to support,
       assessments that use a multi-pollutant approach to characterizing the effects of
       environmental pollutants on human health and ecosystems. An example of a relevant
       NYSERDA research project is described below:

A Study of Ambient Air Contaminants and Asthma in New York City - This study, completed in 2007,
investigated air pollution-related hospital visits in two communities in NYC, Manhattan and the Bronx.
The health analysis results suggested that the criteria pollutants PM2.5, SO2, O3, and NO2 have a
statistically detectable impact on acute asthma, as measured by emergency room visits in a community
with a relatively high baseline rate of acute asthma exacerbations.
http://www.nyserda.org/programs/Environment/EMEP/project/6484/6484_pwp.asp

       Stakeholder Recommendation
   •   Reduce current levels of air pollution in environmental justice communities and ensure that
       these communities not be overburdened by siting of new facilities or by increased releases
       from existing sources (e.g., increase mobile sources); conduct air quality monitoring, with
       monitors placed at breathing height, around facilities that are problem polluters.

       Action Agenda
   •   NYSERDA (through its EMEP Program) has supported, and will continue to support,
       assessments of air pollution/quality associated with energy and transportation systems.

   •   Examples of relevant NYSERDA research projects are described below:

            Assessment of Carbonaceous PM2.5 for New York and the Region - This study,
            completed in 2008, investigated the various sources of carbonaceous PM in NYS. As
            part of the study, a screening-level exposure of residential population proximity to,
            and traffic volume on, major roads in selected NYS counties was conducted. The
            analysis demonstrated that large numbers of residents in rural, suburban, and urban
            counties live within a distance of 150 and 300 meters of highly traveled major roads,
            demonstrating that elevated exposure to mobile sources may occur in any size
            community.
            http://www.nyserda.org/programs/Environment/EMEP/project/8641/8641_pwp.asp

            Impacts of Clean Diesel Strategies/Technologies on Air Quality and Exposure in
            New York - This project will perform air quality modeling to assess the impact of
            diesel emissions technologies/ strategies in the New York Metropolitan Area.
            http://www.nyserda.org/programs/Environment/EMEP/project/8650/8650_pwp.asp

            Research Measurements of Chemical Constituents and Related Processes Affecting
            NYS’s Regional and Urban Ozone and Fine Particle Air Quality.
            http://www.nyserda.org/programs/Environment/EMEP/project/4918/4918_pwp.asp




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         Outdoor Wood Boilers/Commercial Wood Boilers–It is often the economically
         depressed rural areas that are using wood as the economical fuel, yet these areas lack
         the resources to address the associated environmental consequences.
         http://www.oag.state.ny.us/bureaus/environmental/pdfs/Smoke%20Gets%20in%20Y
         our%20Lungs%20Revised%20March%202008.pdf

    Stakeholder Recommendation
•   Research new technologies that result in low pollutant emissions from the use of energy
    sources; provide funds earmarked for retrofitting vehicles with emission control devices
    (also recommended by the Land Working Group).

    Action Agenda
•   NYSERDA’s R&D Program has current efforts focusing on expanding the level of
    renewable, clean energy, and energy efficient product manufacturing in New York State as
    well as supporting the growth and development of clean energy companies in the State.
    NYSERDA also supports research that focuses on developing innovative products and
    systems that improve the environmental performance of energy and transportation systems.
    NYSERDA will explore where in its programs the RFP process and associated scoring
    system can be restructured to grant priority to the environmental justice Community.

•   NYSERDA’s EES Program is currently offering grants for a School Bus Idling Reduction
    Demonstration Program for school bus fleet in Westchester, Putnam, and Dutchess
    counties. Additionally, NYSERDA, in cooperation with the New York Planning
    Federation and the U.S. Environmental Protection Agency, produced “A Municipal
    Official’s Guide to Diesel Idling Reduction in New York State.” This guidebook presents
    basic information and practical solutions for consideration, and can assist state and local
    officials in understanding the issues, alternative technologies and approaches, and making
    sound land use decisions that can reduce the impacts of engine idling. The guide is
    available in print or online at:
    http://www.nyserda.org/publications/09-06GuidetoDieselIdlingReduction.pdf

    Stakeholder Recommendation
•   Funds collected from the Regional Greenhouse Gas Initiative should be used to conduct air
    monitoring in environmental justice communities as well as additional compliance
    activities in environmental justice communities, and to mitigate high energy costs for the
    poor.

    Action Agenda
•   Funding criteria developed for selecting and designing programs for the RGGI operating
    plan include seeking opportunities to reduce the disproportionate cost burden and
    environmental impacts on low-income families and environmental justice communities.
    As a result, the draft operating plan has numerous initiatives that target environmental
    justice communities. NYSERDA is committed to involving the environmental justice
    community in the development and management of the RGGI proceeds.

    Stakeholder Recommendation


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  •   Modernize the energy infrastructure to allow transmission of renewable source energy
      (e.g., energy derived from wind farms) from rural locations to urban areas.

      Action Agenda
  •   NYSERDA recently established a Power Transmission and Distribution (T&D) Research
      Program aimed at supporting T&D research that will have broad statewide benefits. The
      program will focus on supporting projects that address issues related to improving power
      reliability, quality and security, and reducing the cost of energy and energy delivery
      statewide.

      Stakeholder Recommendation
  •   Create incentives to site clean energy in the New York metropolitan area. Develop
      programs that promote creation of energy by small businesses and that would allow them
      to be small generators to a limited extent, in particular during peak electrical demand
      periods.

      Action Agenda
  •   NYSERDA offers several programs that support on-site electricity production for
      buildings (commercial, institutional and multifamily residential) and industrial processes.
      Information on the Combined Heat and Power (CHP) program can be found through the
      following link:
      http://www.nyserda.org/chpnys/funding&support.asp

  •   Information on cash incentives for the installation of new Solar Electric or Photovoltaic
      (PV) systems can be found through the following link:
      http://www.powernaturally.org/Programs/Solar/incentives.asp

  •   In many of these cases, incentives must be cost-shared and are available on a first-come,
      first-served basis. NYSERDA will consider reducing the percent cost-share required by
      applicants in environmental justice communities and/or setting aside a portion of the funds
      to support installations of small energy production systems in environmental justice
      Communities.

Land Working Group

      Stakeholder Recommendation
  •   Green Jobs and Green Infrastructure - The NYS Energy Research and Development
      Authority (NYSERDA) should work with energy professionals in developing requirements
      for energy efficiency in buildings.

      Action Agenda
  •   Although the NYS Department of State is responsible for the State Energy Conservation
      Construction Code, NYSERDA staff work with a multitude of state and federal agencies and
      associations to develop, demonstrate and support energy efficiency measures in all sectors,
      including buildings, and to expand the potential for energy efficiency in these sectors. Once
      developed, NYSERDA strives to transfer the information to communities throughout the State.


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          • NYSERDA targets low-income consumers and communities of color through a grassroots
            community outreach effort referred to as the Energy $mart Communities Program. This
            program is coordinated at the local level by E$C Coordinators. Currently, four E$C
            Coordinators are located in the New York City area (Manhattan, Brooklyn (2), and
            Yorktown/Bronx). More information on the program can be found through the following
            link:
               http://www.getenergysmart.org/CommunityOutreach/EnergySmartCommunities.aspx.
          • NYSERDA also targets energy efficiency associated with buildings in low-income
            communities through New York Energy $mart low-income energy efficiency programs.
            The programs include Assisted Home Performance with ENERGY STAR, the
            Multifamily Performance Program and EmPower New York. To date these programs have
            delivered energy efficiency services to over 80,000 households, resulting in average
            annual cost savings of $200 per household in the Multifamily Performance Program, $245
            in EmPower and $990 in Assisted Home Performance. EmPower New York has
            delivered a total of 1,401 energy and financial management workshops attended by over
            17,500 individuals.
               http://www.getenergysmart.org/LowIncome/HomeOwners.aspx.

    Stakeholder Recommendation
•   Agencies should coordinate work with the Department of Labor’s Green Jobs Initiative.

    Action Agenda
•   NYSERDA has helped develop many initiatives to help train workers for jobs in the renewable
    energy and energy efficiency sectors, including the provision of subsidies to help offset training
    costs. NYSERDA will evaluate and continue to improve upon the way training costs are
    reimbursed to the economically disadvantaged, and will help deliver training programs to: inner
    cities, economically disadvantaged residents, displaced workers, women, minorities, veterans,
    Native Americans, and others. Note: NYSERDA issued a new Program Opportunity Notice in
    summer 2008 to provide funding for clean energy training initiatives with components that
    specifically targeted the economically disadvantaged.

•   These initiatives will also be expanded through use of RGGI funds with a focus on heating
    efficiency, solar thermal systems, and carbon benchmarking and tracking. Efforts will
    target the emerging workforce, people who are transitioning to new careers in the green
    economy, underserved and unemployed workers, as well as workers currently involved
    with building trades who require new skills. The proposed workforce development
    strategy is aligned with Governor Paterson’s “pathway out of poverty” priority under his
    Renewable Energy Task Force and his Environmental Justice Interagency Task Force. The
    strategy will partner/leverage workforce development activities of State Agencies
    (NYSDPS and NYSDOL) and community based organizations to strengthen the State’s
    ability to draw upon its labor supply in economically and environmentally disadvantaged
    communities. http://getenergysmart.org/Training.aspx.

    Stakeholder Recommendation
•   The State should require retrofit of all diesel trucks to reduce emissions.


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    Action Agenda
•   See number 9, above.




                           104
                                   NEW YORK STATE
                     METROPOLITAN TRANSPORTATION AUTHORITY (MTA)
                      ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                                 DRAFT ACTION AGENDA
I.       Draft General Recommendations and Agency Actions

Many issues and actions that the numerous environmental justice groups were concerned with are also
being addressed by the Blue Ribbon Commission on Sustainability and the MTA. Convened in September
2007, the Commission’s mission is to expand the MTA’s contributions to regional and national
sustainability, while reducing and managing the MTA’s energy consumption, carbon emissions, waste,
water use and other elements of the MTA’s ecological footprint. Many of the initiatives and projects
undertaken and recommended by the Sustainability Commission have also been discussed here as they
have a significant impact on the MTA’s operations within EJ communities. The Final Report of the Blue
Ribbon Commission on Sustainability and the MTA can be found online at www.mta.info/sustainability.

Recommendation 1: Provide for Increased Community Representation and Access to
Decision Making Processes

         Action Agenda
     •   The majority of committees, councils and advisory groups to the MTA consist largely of
         externally appointed members. For internal committees, councils and advisory groups, the
         MTA will continue to encourage and facilitate increased meaningful environmental justice
         and other community involvement. This involvement will result from continued
         communication and coordination with groups including WE ACT for Environmental
         Justice, Sustainable South Bronx, Go Green Inwood and Washington Heights, Go Green
         Lower East Side, Go Green East Harlem, the New York City Green Collar Jobs
         Roundtable, and others. An ongoing example of this involvement lies in the active, formal
         involvement of WE ACT in the ongoing work of ‘Blue Ribbon Commission on
         Sustainability and the MTA,’ as the WE ACT Director of Programs is a Blue Ribbon
         Commissioner.

     •   The MTA has devised a cohesive and comprehensive program to identify and meet the
         special needs of its diverse customers and to improve information and service delivery,
         using new technologies and breaking down institutional barriers to establish easier access
         for customers with disabilities, senior citizens and non-English speaking customers. These
         types of public outreach activities include: posting notices; providing brochures and
         supplementary project information; holding day, evening and weekend public hearings;
         webcasting and captioning public hearings; holding regular meetings with community
         boards, holding community visioning sessions with public, local and regional
         organizations; engaging the project Technical Advisory Committee (TAC) and Public
         Advisory Committee (PAC); working with interested governmental agencies; offering
         materials in multiple languages in multiple locations (i.e. notices posted at subway stations,
         opportunities to get information at local libraries and at MTA offices where public can get
         information, and on the internet); and, providing contact information and multiple
         opportunities for contact. Meetings are held with affected community boards, including


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       those from environmental justice communities and those with predominantly minority
       and/or low-income populations. The MTA will include interested environmental justice
       individuals and groups to the MTA’s electronic email correspondence/notification list
       regarding issues and outreach events of relevance to EJ communities.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

       Action Agenda
   •   As more fully described in the Agency Survey of current programs, recent examples of
       MTA projects involving significant, early public outreach and environmental justice
       review include the South Ferry Terminal project, the Second Avenue Subway project and
       the Mother Clara Hale Depot Permit Review Process. The public outreach process for the
       Mother Clara Hale Depot conversion – co-sponsored by the MTA and WE ACT – included
       and continues to include a significant community visioning/design charette process led by
       a community-based task force to ensure that the depot is clean, green, and safe for
       environmental justice community members and workers alike.

   •   The MTA will continue to work with environmental justice communities and groups to
       collaborate on the planning and development of different MTA projects.

Recommendation 5:         Develop Environmental Justice and Sustainability Provisions in
Permitting

       Action Agenda
   •   As a result of the Blue Ribbon Commission on Sustainability, the MTA is investigating the
       rehabilitation of existing facilities and the development of future facilities that include
       numerous green, sustainable design elements in order to reduce and/or eliminate potential
       pollution in our service area. A number of these green elements are likely to follow those
       outlined within the existing LEED design standard, including high performance roofs, such
       as vegetated, green roofs, and white roofs in order to increase energy efficiency and reduce
       greenhouse gas and other emissions.

   •   Further, the MTA will continue to work with the Environmental Justice Interagency
       Taskforce to identify particular environmental justice communities in order to develop
       policies that address the future siting of polluting facilities in already overburdened
       communities.

Recommendation 6: Give Priority to Environmental Justice Communities in Relevant RFP
Requirements, Scoring Systems for Funding, Assistance and Training Programs

       Action Agenda
   •   Based on recommendations of the Facilities Working Group of the Blue Ribbon
       Commission on Sustainability, the MTA will continue to advance the potential for
       greening our existing and future facilities, stations and depots within environmental justice
       communities. In addition, the Materials Flow Working Group of the ‘Blue Ribbon
       Commission on Sustainability and the MTA’ will continue to identify, investigate and


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       pursue relevant waste reduction, recycling and green procurement opportunities within
       MTA operations system-wide.

   •   See below for the MTA response to the Specific Recommendation on Green Jobs.

Recommendation 7: Prioritize Enforcement Actions and Pollution-Reduction Programs
and Resources in Environmental Justice Communities

       Action Agenda
   •   New York City Transit has launched an alternative fuel vehicle program: ‘The Clean Fuel
       Bus Program.’ To date NYC Transit has committed roughly $1 billion to the Clean Fuel
       Bus Program. As a result of this initiative, in 2000 NYC Transit became the first public
       transportation system in the country to switch all diesel buses in the fleet to ultra-low
       sulfur fuel, which has 90 percent less sulfur than traditional fuel and reduces emissions. To
       date, New York City Transit also has retrofitted more than 3,200 buses with diesel
       particulate filters, an emissions control technology that reduces diesel particulate emissions
       from engines by as much as 95 percent. In addition, we have received 1,300 new buses
       that have diesel particulate filters. Further, New York City Transit has the largest hybrid-
       electric bus fleet in North America. By the end of 2008, the hybrid fleet will reach nearly
       700 buses. Another clean fuel initiative - compressed natural gas (CNG) operations- has
       been undertaken at the Jackie Gleason Depot (100% conversion) and the West Farms
       Depot with approximately 500 CNG buses purchased to date. These MTA fleets will
       continue to operate within environmental justice communities. Further, the MTA will
       continue to expand its clean fuel bus program, resulting in immediate and long-lasting
       environmental and health benefits within environmental justice communities and the entire
       MTA service area.

   •   The MTA continues to work on better implementation of its idling reduction measures in
       order to improve air quality within environmental justice communities. Not only are
       MTA bus operations employees informed and trained on bus idling rules, employees are
       also tested and monitored for compliance to these rules on an ongoing basis.

   •   For real-time bus idling complaints, MTA customers may call our Customer Service
       number at 888-692-8287 (Monday to Friday, 7am to 5pm) or use email via the Contact Us
       button at www.mta.info. They should provide us with the Bus Number, the time, the bus
       location (street and cross-street) and how long the bus has been idling and request that
       immediate action be taken. For Long Island Bus Co., customers may call 516-542-0100
       and press 2 for Customer Service. The Customer Service desk can contact the Bus
       Command Center which can immediately address the problem by sending a supervisor to
       the bus or contacting the Bus Operator directly. As in all cases, the call will be registered
       and tracked in the Customer Service database so the MTA can determine whether there is a
       recurring problem at a location that needs further action.

   •   The MTA will work with DEC in order to reduce instances of idling and improve air
       quality within environmental justice communities.



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Recommendation 8: Diversify and Green the Workforce

          Action Agenda
      •   The MTA will continue to actively participate in the numerous green initiatives ongoing
          within our service region in order to collectively promote the development of the green
          transportation sector and training programs for green-collar jobs in transportation in the
          New York region (the New York City Green Collar Jobs Roundtable, Go Green Inwood
          and Washington Heights, Go Green Lower East Side, Go Green East Harlem). The MTA
          will continue to promote the progression of green transportation jobs with career ladders
          that demonstrate a potential to foster pathways out of poverty.

      •   The MTA will continue to work with the Environmental Justice Interagency Taskforce to
          identify particular environmental justice communities in order to promote green-collar jobs
          and training programs within environmental justice communities.

      •   This Action Agenda also addresses the specific recommendation that:
                 NYS should establish, promote and support the development of green-collar jobs
                 and green-collar job training programs, in the transportation and other sectors. As a
                 program and funds that are developed to establish, promote and support this
                 initiative, NYS should give priority to environmental justice communities in green
                 training programs, promoting ease of entry, location and accessibility. Further,
                 NYS should take steps to ensure that the progression of the green local economy in
                 NY positively impacts environmental justice communities and community
                 members. Resulting benefits should include increased sustainable development,
                 funding for parks and community gardens, green infrastructure projects, and
                 “green” job training programs within environmental justice communities.


II.       Draft Specific Recommendations and Agency Actions

Air Pollution Prevention

          Stakeholder Recommendation
      •   NYS should prioritize enforcement actions, pollution- reduction programs and resources in
          environmental justice communities.

          Action Agenda
      •   The MTA will continue to take steps to prevent and reduce air pollution resulting from our
          agency actions. MTA programs include cleaner-fuel buses and the use of light-duty
          alternative vehicles for non-revenue service, which ultimately benefits the environment
          and the health of all communities. MTA agencies will continue to revitalize their revenue
          and non-revenue fleets to integrate the purchase of new equipment and remanufacturing
          select buses, cars, coaches and locomotives and reduce vehicle idling in order to become
          more sustainable and reduce air pollution in our service area.




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                                 NEW YORK STATE
                        NEW YORK POWER AUTHORITY (NYPA)
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                              DRAFT ACTION AGENDA

I.       General Recommendations and Agency Actions

Recommendation 2: Continue Collaboration with the Environmental Justice Community

         Action Agenda
     •   In the past, when large projects were undertaken by NYPA, it designated a portion of the
         NYPA.gov website to the project to provide up-to-date information to the public. Going
         forward, NYPA will continue to provide such information through use of the web as well
         as bilingual public notices, hearings and other outreach efforts to inform the public of the
         status of projects and opportunities for public participation in the process. NYPA will also
         designate an individual in the Community Relations group to serve as the primary liaison
         with the Environmental Justice Community. This individual will help facilitate
         information flow and work to bring important environmental justice Community issues to
         NYPA staff. See NYPA environmental justice Survey and NYPA Action Agenda for
         more details.

Recommendation 5:          Develop Environmental Justice and Sustainability Provisions in
Permitting

         Action Agenda
     •   See NYPA environmental justice Survey regarding our on-going work to keep emissions
         low, improve our facilities, and promote renewable energy and energy efficiency.

Recommendation 6: Give Priority to Environmental Justice Communities in Relevant RFP
requirements, Scoring Systems for Funding, Assistance and Training Programs

         Action Agenda
     •   NYPA currently offers contributions and sponsorships to specific types of community
         projects. Under the direction of the New York State Attorney General, NYPA recently
         revised the guidelines for the types of community projects which are eligible for funding.
         NYPA may provide contributions and sponsorships to not-for-profits and state and local
         governmental units for projects, programs and activities related to NYPA’s statutory
         purpose and mission. In general and for illustrative purposes only, NYPA Support may be
         provided for projects, programs and activities in the following five major categories:

          1. Economic Development – to expand employment and investment in the state.
          2. Energy Services – to advance and promote the development and implementation of
             new energy technologies.
          3. Emergency Services – to assist rescue squads, hospitals, police and fire departments
             that benefit and support Authority Projects.


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           4. Non-Profit Organizations, Local and State Government – to sponsor programs or
              activities which further the Authority’s statutory purpose and mission.
           5. State Assistance – to those departments responsible for energy and environmental
              research.

      •   NYPA will work to incorporate criteria into the guidelines to give grant preference to
          projects and sponsorships in environmental justice communities near our facilities and will
          look for opportunities to promote the grant program in these communities.

Recommendation 9: Provide Environmental Justice Training for Agency Staff

          Action Agenda
      •   NYPA will establish environmental justice training for our staff that is specifically tailored
          to NYPA’s unique legislative mandate. Please see our proposal in the NYPA Action
          Agenda for Specific Recommendations.


II.       Draft Specific Recommendations and Agency Actions

Training/Education

          Stakeholder Recommendation
      •   New York State agencies should develop environmental justice training curriculum and require
          that staff be trained. Training would involve a discussion of potential barriers affecting
          communication with community stakeholders, site visits and a discussion on how permitting
          decisions potentially impact environmental justice communities.

      •   Agencies should also consider developing a training checklist or template to guide agency policy-
          makers through the decision-making process for policies that may impact environmental justice
          communities. The checklist could pose questions or statements such as: 1) has consideration been
          given to the impact of this decision on the air quality; 2) has public access to meetings been
          provided; 3) have language barriers been addressed.

      •   NYS should hire and create more diversity in the state agency workforce.

          Action Agenda
      •   NYPA proposes developing an environmental justice training and awareness program for
          employees who are working with the public and/or on large capital projects. Training would
          include the following NYPA departments: Project Development, Licensing & Compliance,
          Community Relations, Media Relations, Environmental Health & Safety and Legal. The
          curriculum will focus on the environmental justice communities near NYPA sites, issues that these
          communities face, and awareness of potential impacts of NYPA projects on environmental justice
          communities.

      •   NYPA is pursuing opportunities for improvement on diversity. NYPA is reviewing the
          demographics and diversity of its workforce. NYPA will take steps to address its organizational


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       structure and look for opportunities to ensure that it is more representative of the State of NY. To
       that end, NYPA will commit to hiring a diversity consultant to help the Authority address
       diversity issues related to hiring, retention, and training and will look for opportunities for
       improvement.

   •   To honor diversity within the organization, NYPA holds Diversity Training and an Annual
       Diversity Day for its employees. Diversity Training examines the ways that differences affect our
       interactions and shows how by accepting and understanding diversity, we can actually have a
       more effective workforce that takes maximum advantage of everyone’s unique contributions. This
       course is offered twice per year to our employees at both our Upstate and Downstate facilities and
       offices. NYPA Annual Diversity Day is a program focused on celebrating the cultural diversity of
       all NYPA employees as well as the history and interests we have in common. NYPA will explore
       expansion of our Diversity Day events to our Upstate facilities so that more employees will have
       the opportunity to participate in these programs.

   •   To foster diversity with the organizations with which NYPA does business, NYPA has
       participated in the Supplier Diversity Program. Since 1983, NYPA has awarded approximately
       $469 million in contracts to minority- and women-owned business enterprises (M/WBEs) and
       regularly does business with 60 to 70 M/WBEs through either direct business or subcontracting
       opportunities. NYPA has also held an Annual Purchasing Exchange where representatives of
       MWBEs discuss contract opportunities with some of the largest corporations and government
       agencies in the region. In addition to the 18 exchanges downstate, NYPA has hosted exchanges in
       several Upstate venues including Syracuse in 2006, Buffalo in 2003 and Utica, NY in 2002.
       NYPA plans to continue all of the above efforts going forward and will explore hosting another
       Purchasing Exchange event in Buffalo for later this year.


Public Participation and Communication

       Stakeholder Recommendation
   •   NYS should establish effective community participation strategies that lead to response and
       action. This could be accomplished a number of different ways, including:

          1. Increase public outreach utilizing an early notification process (i.e., before
             agency review of an application) and during agency review of a permit
             application. Permit applicants should show evidence that the public has been
             notified throughout the permit review process. Additionally, applicants are
             required to involve all community stakeholders during permit review. It was
             suggested that the air permit process adopt the outreach method used in
             permitting hazardous waste facilities (NYCRR Part 373).
          2. Develop web-based mechanism to inform the public on the status of
             applications under review by NYS agencies.
          3. Discuss with agency staff, potential barriers affecting communication with
             community stakeholders.
          4. Develop agency procedures that detail how agencies will listen and respond to
             environmental justice community concerns.


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       5. Consider methods to increase agency representative interaction with
          community stakeholders.
       6. Create a format to increase public participation in county and local municipality
          decisions for environmental justice community actions.

•   Each NYS Agency will designate an environmental justice person who will assist the public with
    information regarding environmental justice activities and achievements. Each Agency will strive
    to make environmental justice activities and proposals readily available for the public.

    Action Agenda
•   In the past, when large projects were undertaken by NYPA, the Power Authority has taken
    a number of steps to involve and communicate with the public during project development
    and implementation. If NYPA undertakes another self-build power project, it will work to
    involve and inform the community through some of the following efforts:

           Designate a portion of the NYPA.gov website to the project to provide up-to-
           date information to the public and ways for the public to contact NYPA about
           the project.
           Develop printed materials such as newsletters, fact sheets, brochures and
           running advertisements.
           Hold public meetings and open houses to communicate information when a
           public hearing is not required.
           Establish a hotline for phone calls seeking project information.
           Assign a NYPA staff person as the “point person” with the community through
           whom all communications flow.
           Meet with reporters and editorial boards of local media to discuss the project.
           Submit op-ed pieces to local media.
           Meet with elected officials and interested groups prior to a public
           announcement to seek their input for the project.
           Distribute materials to local libraries for review by public.

•   The goal of these efforts is to inform the public of the status of projects and opportunities
    for public participation in the process. Should a future project be built by another power
    supplier via a contract with NYPA, the Authority will work to ensure that all appropriate
    community outreach is conducted.

•   NYPA has named Sobeida Cruz, Director of Public & Governmental Affairs, as the
    primary liaison with environmental justice communities. Ms. Cruz has worked for NYPA
    for 26 years and has developed a strong background on environmental justice issues. As
    NYPA’s environmental justice liaison, Ms. Cruz will work to address environmental
    justice community needs near NYPA’s facilities. With the help of NYPA community
    relations staff, she will monitor and coordinate community contributions in environmental
    justice communities, will help implement the NYPA environmental justice Action Plan
    and will keep NYPA staff informed of environmental justice community concerns and
    issues. She will also help develop a longer-term strategy for updating the current



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       environmental justice Action Plan and identifying new environmental justice initiatives
       going forward.

Air Quality

       Stakeholder Recommendation
   •   Research should be conducted on new technologies that result in low pollutant emissions from the
       use of energy sources.

       Action Agenda
   •   NYPA’s recently approved $21 million of funding over five years for renewable projects
       will, in part, help finance demonstration projects in clean energy technologies with low
       emissions. Several sites initially identified for large-scale solar PV demonstration projects
       include a brownfield site in Solvay, NY as well as a 1.1 MW ground mounted solar PV
       installation at the University of Buffalo. NYPA will also research large-scale energy
       storage technologies including large scale batteries and compressed air storage systems to
       improve wind integration and dispatch in New York. A project at the DEP Owls Head
       sewage treatment facility includes advanced metering equipment that will help the facility
       use renewable methane gas to supplement power taken from the grid, rather than
       dispatching dirty diesel fuel generators. These and similar projects will develop new uses
       of clean energy technologies.

   •   In November 2008, NYPA released a Request for Information for its plan to purchase 6
       MW of solar PV power on behalf of the Metropolitan Transportation Authority. NYPA
       plans to release a Request for Proposal in 2009 to secure a solar developer to install, own,
       and operate PV systems at MTA sites in New York City. NYPA would then purchase
       power from the developer for re-sale to the MTA through a power purchase agreement.
       NYPA hopes to partner with other city and state agencies on solar energy projects,
       including CUNY, DASNY, and OGS.

   •   NYPA recently hired Jenifer Becker as our Chief Sustainability Manager. She is charged
       with expanding efforts in the area of sustainability at NYPA headquarters and facilities.
       To that end, NYPA will develop a corporate sustainability plan that will incorporate the
       NYPA’s environmental justice Action Agenda and will examine measures such as
       reducing water intake, increasing the efficiency of our power plants, and reducing our
       carbon footprint. Ms. Becker will work with Ms. Cruz to ensure that environmental justice
       communities have opportunities to provide input and suggestions to NYPA’s on-going
       sustainability efforts.

Global Warming and Energy Strategies


       Stakeholder Recommendation
   •   NYS should modernize the energy infrastructure to allow transmission of renewable source energy
       (e.g., energy derived from wind farms) from rural locations to urban areas.



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   •   Create incentives to site clean energy in the New York metropolitan area. Develop programs that
       promote the creation of energy by small businesses and that would allow them to be small
       generators to a limited extent, in particular during peak electrical demand periods.

       Action Agenda
   •   As more fully described in the NYPA Agency Survey, NYPA owns and operates 1/3rd (1,400
       circuit miles) of New York State’s high voltage bulk transmission. With 1,000 MW of wind
       generation expected to be integrated into the transmission system by the end of 2008 and an
       additional 7,000 MW of wind generation in the New York Independent System Operator queue,
       increased transmission capacity is needed. NYPA is exploring opportunities to develop New
       York’s transmission system and utilize its resources and capabilities to advance renewable energy
       development in New York State. For instance, NYPA’s Renewable Energy Plan includes
       assisting in research of the state transmission system expansion and upgrades needed to access
       new wind farms, including potential off-shore sites identified by the Great Lakes Wind
       Transmission Work Group. Diversifying our power supply sources to include more renewable
       energy will likely improve air quality and lessen the reliance on conventional power plants for
       electricity production. All of this benefits the state as a whole as well as communities near current
       or potential power plant sites.

   •   As more fully described in the NYPA Agency Survey, NYPA has installed on-site renewable
       projects throughout New York State. One project NYPA is looking to expand with the NYC
       Department of Environmental Protection is their fuel cells at their waste water treatment plants.
       These plants produce anaerobic digester gas (ADG), primarily made up of carbon and methane,
       which is a significant air pollutant and a major contributor to global warming since it traps 10 to
       20 times more heat than carbon dioxide. Fuel cells utilize ADG to produce on-site power, which
       reduces air pollution and the load on the distribution system. One program NYPA will undertake
       involves upgrading the piping at the waste water treatment plants located in Oakwood Beach,
       Hunts Point, 26 Ward and Red Hook. By upgrading the piping, more ADG will be captured and
       air pollutants will be even further reduced at these sites. NYPA is also looking at other potential
       sites to install fuel cells, including ones at Newtown Creek.

Green Jobs and Green Infrastructure

       Stakeholder Recommendation
   •   State agencies should establish criteria in their grant programs to promote construction of green
       infrastructure in low-income communities. The Department of Housing and Community Renewal
       (DHCR) grants include criteria to promote projects that include green buildings, energy efficiency
       and indoor environmental quality.

       Action Agenda
   •   As more fully described in the NYPA Agency Survey, NYPA looks for every opportunity to work
       closely with our customers on energy efficiency and renewable projects. Investing in renewable
       and energy efficiency projects creates green jobs and incorporates green infrastructure in
       environmental justice communities. Current legislation limits the types of projects and groups
       eligible to participate in our energy efficiency programs. Private entities, outside of K-12 schools,
       cannot utilize NYPA’s energy efficiency programs except through a limited fund called the


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    Petroleum Overcharge Restitution (POCR). Outside of Southeastern New York, public-sector
    entities are allowed to participate in electric-only programs with NYPA. Southeastern New York
    public-sector entities can participate in both electric and non-electric programs.

•   NYPA plans to spend $1.3 billion through 2015 for financing energy efficiency and clean energy
    projects. Eligibility for financing is limited to current NYPA customers, including NYC
    Government and schools. There is legislation proposed to expand NYPA's eligible services across
    the state as well as its customer base to facilities such as private hospitals, colleges and non-
    profits. If proposed legislation is passed, NYPA intends to market the financing to the new
    customers. Even without this authority, NYPA will continue to market the availability of its
    financing to eligible customers. Specific near-term projects with environmental justice
    community impacts that NYPA intends to help implement (with or without legislation) are below:

         New York City Housing Authority – Compact Fluorescent Project
         New York City Housing Authority – Instantaneous How Water Heaters
         New York City Housing Authority – Replacement of boilers at Castle Hill Houses,
         Bronx
         City of New York – Various efficiency projects including schools, homeless shelters,
         etc.
         CUNY – System wide energy efficiency upgrades
         DEP – Waste Water treatment plant ADG capture and reuse
         Williamsville and Massena School Districts – Various energy efficiency measures
         throughout districts
         SUNY Buffalo – Energy efficient chillers, dormitory room heat control, improved
         heating systems.
         SUNY Plattsburgh – Improved energy control systems
         Hybrid Electric Shuttle Bus in Harlem
         Hybrid Electric Shuttle Bus in White Plains
         Plug-in Electric Hybrid School Bus Project in Schenectady
         Hybrid Electric Shuttle Bus in Sunset Park, Brooklyn

•   As described in the Air Quality Action Agenda above, NYPA is investing $21 million over five
    years in renewable projects throughout the state. This funding is designated for solar PV, wind
    and ADG projects, and NYPA will look for opportunities to develop green jobs and green
    infrastructure in environmental justice communities.




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                                NEW YORK STATE
         OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP)
                   ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                              DRAFT ACTION AGENDA
I.        General Recommendations and Agency Actions

Recommendation 1: Provide for Increased Community Representation and Access to
Decision Making Processes

          Action Agenda
     •    Each of the eleven parks regions has a statutorily established advisory body known as a
          Regional Parks, Recreation and Historic Preservation Commission. Each Parks
          Commission has at least seven commissioners who are appointed by the Governor and
          confirmed by the Senate. Commissioners are appointed for seven-year terms. There is
          much potential for increasing environmental justice community representation on these
          commissions. OPRHP will work to increase minority representation on its Regional Parks
          Commissions.

     •    OPRHP offers extensive information about its various grants programs on its website and
          through informational workshops that are held across the State each spring in advance of
          the application deadline. Within available resources, OPRHP will reach out to
          organizations and municipalities in environmental justice communities that could be
          eligible for these grants programs and make them aware of the availability, requirements,
          and information sessions for these programs.

Recommendation 2: Continue Collaboration with the Environmental Justice Community

          Action Agenda
     •    As OPRHP develops master plans for its facilities, as well as other planning documents
          and project designs, it will enhance the participation of environmental justice communities
          by consulting with organizations and municipal leaders from those communities that may
          have an interest in the plan or project proposed for OPRHP facilities.

Recommendation 6: Give Priority to Environmental Justice Communities in Relevant RFP
requirements, Scoring Systems for Funding, Assistance and Training Programs

          Action Agenda
     •    OPRHP’s municipal parks, historic preservation and heritage areas grants programs are
          funded through the EPF, and pursuant to statute a minimum of 25% of those grants must
          be awarded annually to “underserved communities.” A recently enacted statute (Chapter
          377 of the Laws of 2008) builds on this program by allowing these OPRHP grants to fund
          up to 75% of the project cost in underserved areas, as opposed to the 50% funding cap that
          applies in other areas of the State. OPRHP is drafting regulations to allow for
          implementation of these new provisions for the 2009 grants cycle of funding.


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   •   In 2008, with funding provided in the budget by the Governor and Legislature, OPRHP
       launched an initiative to revitalize its parks and historic sites, which are facing a $650
       million backlog of capital needs. Much of the work is being handled by local contractors,
       and goals are built into the scoring system for minority and women-owned businesses.
       OPRHP will continue to seek out MWBE businesses to implement the program if any
       additional funding for this initiative is included in the 2009-10 State Budget.

   •   OPRHP provides numerous businesses with the opportunity to run concessions in state
       parks – everything from hotels to food concessions to recreational activities such as rafting
       and horseback riding. These concessions are made available through RFPs that include
       goals for minority- and women-owned businesses participation. OPRHP will continue to
       seek out MWBE businesses to provide these important services at the State’s parks and
       historic sites.

   •   In 2006, New York State established in statute (Chapter 547 of the Laws of 2006) an
       historic preservation tax credit program. The program has a residential and a commercial
       component, with the residential component limited to economically distressed
       communities. OPRHP administers this program and has commenced outreach to those
       communities that are eligible for the residential tax credit, but to date very few
       homeowners have taken advantage of the program. OPRHP will increase its outreach
       efforts and will continue to advocate for expansion of the program to cover more costs, to
       offer more meaningful benefits to low-income applicants and to include a larger number of
       distressed communities.

Recommendation 7: Prioritize Enforcement Actions and Pollution Reduction Programs and
Resources in Environmental Justice Communities

       Action Agenda
   •   While some State parks and historic sites are located in environmental justice
       communities, many are not, but still serve those communities by providing outdoor,
       recreational and cultural opportunities to regular and occasional visitors from low-income
       areas and communities of color. While public transportation is available to many of
       OPRHP’s facilities, in some cases it is onerous to utilize and in other cases it is not
       provided at all. OPRHP will work with public transportation authorities and agencies
       across the state to increase the availability of public transportation from environmental
       justice communities to State parks and historic sites.

Recommendation 8: Diversify and Green the Workforce

       Action Agenda
   •   OPRHP generally hires approximately 5,000 seasonal workers each year. These employees
       serve in a wide variety of capacities ranging from environmental educators to toll-booth
       operators to cleaning staff and public safety rangers. OPRHP will set regional goals for
       increasing the number of minority applicants and hires for these seasonal positions. This



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will require increased outreach to environmental justice communities in order to achieve its
goals.




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Section III: Environmental Justice Resources

                                NEW YORK STATE
                      DEPARTMENT OF AGRICULTURE AND MARKETS
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                          ENVIRONMENTAL JUSTICE RESOURCES

                                          General Statement

The Commissioner chairs the NYS Council on Food Policy, which is developing food policies that
embrace environmental justice concerns such as access to affordable quality food. The Council is
conducting a series of Listening Sessions – and at the Commissioner’s direction added a session in
Harlem (at the Harlem State Office Building) to assure easy access for low-income Upper Manhattan
residents who wished to testify or attend.

                 Programs Currently Addressing Environmental Justice Concerns

WIC and Senior Farmers Market Nutrition Program
     The Senior Farmers' Market Nutrition Program (SFMNP) awards grants to States, United States
     Territories, and federally-recognized Indian tribal governments to provide low-income seniors
     with coupons that can be exchanged for eligible foods at farmers' markets, roadside stands, and
     community supported agriculture programs. The majority of the grant funds must be used to
     support the costs of the foods that are provided under the SFMNP; State agencies may use up to
     10 percent of their grants to support administrative costs for the program. The purposes of the
     Senior Farmers' Market Nutrition Program are to: (1) Provide resources in the form of fresh,
     nutritious, unprepared, locally grown fruits, vegetables, and herbs from farmers' markets, roadside
     stands and community supported agriculture programs to low-income seniors; (2) Increase the
     domestic consumption of agricultural commodities by expanding or aiding in the expansion of
     domestic farmers' markets, roadside stands, and community support agriculture programs, and; (3)
     Develop or aid in the development of new and additional farmers' markets, roadside stands, and
     community support agriculture programs. For more information:

              Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
              bob.lewis@agmkt.state.ny.us
              Address: 55 Hanson Pl, Brooklyn 11201
              Website: http://www.fns.usda.gov/wic/SeniorFMNP/SeniorFMNPoverview.htm

Farmers Market Wireless EBT Program – including Health Bucks/Fresh Checks incentives
     The goal of the program is to increase the demand for locally grown fresh foods at farmers
     markets among food stamp customers, increase the usage of food stamp benefits at farmers
     markets and change dietary habits of food stamp customers to include more fresh fruits and
     vegetables from local growers by helping to change shopping habits over time. Beginning in
     2001, the NYS Department of Agriculture and Markets and the Farmers' Market Federation of
     New York partnered for a pilot project to test wireless handheld EBT terminals for use in open air
     farmers' markets. The pilot proved that the wireless technology, although in its infancy, was
     effective in capturing food stamp sales at farmers' markets in urban settings. The pilot also


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      documented the need for farmers to accept food stamp benefits at farmers' markets, due to
      customer demand for their products.
              As demand for wireless service grew and as the technology evolved, the farmers' market
      wireless EBT project continued to expand to new cities and more farmers. In 2005, the pilot
      changed focus from providing terminal access to individual farmers to providing terminal access
      to market managers. Under this new paradigm, markets are authorized under FNS to be food
      stamp agents. They are able to "sell" EBT tokens (specially designed wooden tokens) that can be
      used with any vendor in the market selling food stamp eligible products. Farmers are able to
      accept the tokens, same as cash, but with no change back, and then redeem them with the market
      manager at day's end.

             Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
             bob.lewis@agmkt.state.ny.us
             Address: 55 Hanson Pl, Brooklyn 11201
             Website: http://www.nyfarmersmarket.com/ebt.htm

Farmers Market, Urban Farm Stand, and Youth Market Development in low-income areas

             Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
             bob.lewis@agmkt.state.ny.us
             Address: 55 Hanson Pl, Brooklyn 11201
             Website:

Community Gardening Program – access to State land and support- major cities statewide
    Governor David A. Paterson and Agriculture Commissioner Patrick Hooker today announced a
    new grant program that will strengthen community gardens. The Community Gardens Capacity
    Building Grants Program will improve access to fresh local produce, help New Yorkers reduce
    their food budgets, preserve open space, and provide a cleaner, healthier environment by
    supporting community gardens throughout New York State.
            The Department of Agriculture and Markets has a community gardens program that assists
    interested gardeners in accessing public land, coordinates and promotes community gardening and
    urban agriculture, connects gardeners to resources in their communities, and develops community
    and school gardening policies and programs. For more information on this grant program and
    other community gardening programs, please contact the Department of Agriculture and Markets
    at 718-722-2834.

             Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
             bob.lewis@agmkt.state.ny.us
             Address: 55 Hanson Pl, Brooklyn 11201
             Website: http://www.agmkt.state.ny.us/AD/release.asp?ReleaseID=1736

Food Bank Local Procurement Assistance Program – regional food banks statewide

             Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
             bob.lewis@agmkt.state.ny.us
             Address: 55 Hanson Pl, Brooklyn 11201



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              Website:

Collaboration with NYC DOHMH on Healthy Bodegas, Green Carts, and Health Bucks

              Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
              bob.lewis@agmkt.state.ny.us
              Address: 55 Hanson Pl, Brooklyn 11201
              Website:

Interim Wholesale Farmers Market at New Fulton Fish Market – access for bodegas, etc.

              Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
              bob.lewis@agmkt.state.ny.us
              Address: 55 Hanson Pl, Brooklyn 11201
              Website:

Farm-to-School procurement assistance – statewide
      In February 2002, Governor Pataki signed legislation establishing the Farm-To-School initiative,
      which encouraged the facilitation, promotion and purchasing of New York State farm products by
      schools, universities and other educational institutions. In addition to working with the DoD and
      the New York City Department of Education, the Farm-to-School initiative also resulted in the
      formation of New York Harvest for New York Kids Week, which is a weeklong celebration,
      emphasizing the importance of New York agriculture and locally-grown food.

              Contact: Bill Jordan, 518-457-0752, william.jordan@agmkt.state.ny.us.
              Web: http://www.agmkt.state.ny.us/ad/release.asp?ReleaseID=1326
              Web: http://www.prideofny.com/farm_to_school.html
              Address: 55 Hanson Pl, Brooklyn 11201

Greenmarket New Farmer Development Program
     The New Farmer Development Project (NFDP) identifies, educates, and supports immigrants with
     agricultural experience by helping them become local farmers and establish small farms in the
     region. By training the next generation of regional farmers, the NFDP helps preserve local
     farmland and rural farm communities, strengthen farmers markets and regional food security, and
     expand public access to high-quality, locally-grown farm products.


Cornell Coop Extension on-site nutrition education demos for the WIC and Senior FMNP

              Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
              bob.lewis@agmkt.state.ny.us
              Address: 55 Hanson Pl, Brooklyn 11201
              Website:


Farm-to-School educational events at NYC inner city schools with NYC DOE SchoolFood



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Contact: Bob Lewis, Special Assistant for Market Development, (718) 722-2830,
bob.lewis@agmkt.state.ny.us
Address: 55 Hanson Pl, Brooklyn 11201
Website:




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                                 NEW YORK STATE
                      DEPARTMENT OF ENVIRONMENTAL CONSERVATION
                     ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                           ENVIRONMENTAL JUSTICE RESOURCES

                                       General Statement

        The Department of Environmental Conservation (DEC) was created in 1970 with a mission to
conserve, improve and protect New York State’s natural resources and environment; and prevent, abate
and control water, land and air pollution, in order to enhance the health, safety and welfare of the people
of the state and its overall economic and social well-being. DEC's goal is to implement its mission by
embracing the elements of sustainability, including environmental justice and the empowerment of
individuals to participate in environmental decisions that affect their lives. To that end, Commissioner
Pete Grannis adopted “Work for Environmental Justice” as one of six priorities for his administration,
strengthening the DEC’s commitment to promote environmental justice and incorporate measures for
achieving environmental justice into its programs, policies, regulations, legislative proposals and
activities.

       Environmental Justice means the fair treatment and meaningful involvement of all people
regardless of race, color, national origin or income with respect to the development, implementation and
enforcement of environmental laws, regulations and policies. Environmental justice efforts focus on
improving the environment in communities, specifically minority and low-income communities, and
addressing disproportionate adverse environmental impacts that may exist in those communities.

                  Programs Currently Addressing Environmental Justice Concerns

Programs and Services Offered by the DEC Office of Environmental Justice
      In recognition of the importance of achieving environmental justice, the DEC established an
      Office of Environmental Justice in 1999. This office assists DEC efforts to improve
      environmental and health conditions and standards in minority and low-income communities
      through legislation, regulation, policy, and project coordination. Program responsibilities
      encompass development and oversight of a comprehensive environmental justice program,
      working with community organizations to minimize adverse impacts and promote environmental
      benefits, leveraging resources to empower community organizations, coordinating and integrating
      internal and external implementation of environmental justice policy, working with staff to
      develop environmental justice related initiatives, providing counsel and assistance to DEC
      personnel and staff from other agencies relative to environmental justice matters, and integrating
      geospatial information systems (GIS) and U.S. census data to better serve minority and low-
      income communities. Additionally, the Office of Environmental Justice maintains an
      environmental justice hotline, 1-866-229-0497, and a mailing list to distribute information, and
      facilitates translation of DEC related material.

               Contact: Office of Environmental Justice, 1-866-229-0497, ej@gw.dec.state.ny.us
               Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
               Website: http://www.dec.ny.gov/public/333.html



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Commissioner Policy–29, Environmental Justice and Permitting
    Pursuant to Commissioner Policy 29- Environmental Justice and Permitting, issued March 19,
    2003, the DEC is committed to incorporating environmental justice concerns into its activities.
    The policy contains specific guidelines for integrating environmental justice into the permit review
    and grant making processes, as well as environmental justice considerations in enforcement and
    public participation. The goal of the policy is to ensure that all communities enjoy the same
    degree of protection from environmental and public health threats and equal access to the
    decision-making process.

       Permitting
       Commissioner Policy-29 includes procedural requirements for addressing environmental justice in
       the permit review process, including the identification of potential environmental justice areas,
       enhanced public outreach, extended public comment periods, and requirements for analyses of
       potential environmental impacts on environmental justice communities, among other things. Also,
       as a result of Commissioner Policy-29, DEC created a web-based search feature that provides
       details on permit applications under review. The search feature is available at
       http://www.dec.ny.gov/cfmx/extapps/envapps.

       Health Outcome Data Review and Analysis
       The DEC environmental justice Advisory Group recommended that closer scrutiny be given to
       environmental decisions in minority and low-income communities and that NYSDEC expand the
       types of information used in the permit approval process to address environmental justice
       concerns. As a result, Commissioner Policy-29 established a Health Outcome Data (HOD) work
       group to identify reliable sources of existing human health outcome data and recommended means
       to incorporate such data into the environmental permit review process. The HOD work group was
       chaired by staff from the Department of Health. Members of the HOD work group had technical
       knowledge and experience in the areas of environmental health, toxicology, epidemiology, risk
       assessment, or environmental sciences. In its report, the HOD Work Group identified available
       health outcome data, developed a method to describe and present health outcome data for use in
       the DEC's permit review process, and provided recommendations to DEC. Health Outcome Data
       Review and Analysis is now required in environmental impact statements for projects that may
       impact environmental justice communities. The report is available on DEC's website at
       http://www.dec.ny.gov/public/905.html. Guidance on how to perform the Health Outcome Data
       Review and Analysis, and additional examples are available at
       http://www.health.state.ny.us/environmental/investigations/environmental_justice

              Contact: Office of Environmental Justice, 1-866-229-0497, ej@gw.dec.state.ny.us
              Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/public/333.html

Environmental justice Advisory Group
      DEC created an environmental justice Advisory Group whose members are selected from among,
      but are not limited to: community-based groups; industry and business; academic and educational
      institutions; Federal, State and local governments; State recognized Tribes and Indigenous groups;
      and non-governmental environmental groups. The Advisory Group meets several times a year and
      provides independent advice and recommendations to the DEC on matters relating to



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       environmental justice, including the integration of environmental justice principles into the DEC's
       programs, policies, regulations, legislative proposals and activities.

              Contact: Office of Environmental Justice, 1-866-229-0497, ej@gw.dec.state.ny.us
              Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/public/907.html

Commissioner Policy – 37, Environmental Benefit Projects
    When enforcing environmental laws and regulations, the DEC has authority to use an
    Environmental Benefit Project (EBP) as part of an overall settlement agreement with a respondent.
    EBPs are intended to improve, restore, protect, and/or reduce risks to public health and/or the
    environment beyond that achieved by respondent's compliance with applicable laws and
    regulations. Commissioner Policy - 37, Environmental Benefit Projects (EBPs) outlines the use of
    EBPs in settlement agreements and includes a preference for projects that benefit environmental
    justice areas.

              Contact: DEC Office of General Counsel, (518) 402-2794
              Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/regulations/25231.html

Community Based Enforcement
    To address pollution caused by trucks and buses that pollute the air in environmental justice
    communities by illegal smoke emissions or idling, DEC has adopted a long-term enforcement plan
    with Environmental Conservation Officers concentrating pullover and idling operations in
    hotspots of truck and bus traffic. A pilot project was carried out in East Harlem and now the
    operation is being implemented in all five boroughs of New York City and in environmental
    justice communities throughout the state.

              Contact: DEC Office of General Counsel, (518) 402-2794
              Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/regulations/25231.html



Supplemental Inspections
      Commissioner Policy-29 established a requirement for supplemental compliance and enforcement
      inspections of regulated facilities where there is reason to believe that such facilities are not
      operating in compliance with the Environmental Conservation Law (ECL). The intent of the
      supplemental inspections is to ensure that inspections are being conducted equitably in
      environmental justice communities and that any resulting enforcement actions for violations in
      environmental justice communities are prioritized. In order to comply with the requirement, the
      DEC Divisions of Air Resources, Water, and Solid and Hazardous Materials developed program
      specific procedures. To date, these inspections have included industry based inspection as well as
      geographically based inspections.

              Contact: Air Resources Enforcement Section, (518)402-8403



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               Address: NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233
               Website: http://www.dec.ny.gov/chemical/281.html

               Contact: Bureau of Water Compliance, (518)402-8117
               Address: NYSDEC, Division of Water, 625 Broadway, Albany, NY 12233
               Website: http://www.dec.ny.gov/chemical/290.html

               Contact:   Bureau of Hazardous Waste Regulation, (518)402-8612
               Contact:   Bureau of Solid Waste, Reduction and Recycling, (518)402-8678
               Address:   NYSDEC, Div. of Solid and Haz. Materials, 625 Broadway, Albany, NY 12233
               Website:   http://www.dec.ny.gov/chemical/292.html

Urban Forestry and Urban Greening
      Urban and Community Forestry is the management of community forests to establish and maintain
      healthy trees for air and water quality benefits, energy savings, environmental health, as well as to
      enhance the quality of life for urban residents. The urban and community forest also contains
      wildlife, waterways, built roads and structures, and people. This is where most people in New
      York live and work. DEC has developed strategies to reduce air and water pollution, and the
      urban temperature increases projected to result from climate change. In 2008, DEC and its
      partners were awarded more than $360,000 to implement green infrastructure in environmental
      justice communities and urban centers. The awarded project titled "Forest Infrastructure Tools for
      Urban Communities" will test new models for reducing the impact of stormwater on city sewer
      systems using green infrastructure. The successful grant application and project implementation
      were made possible through a partnership with environmental justice advocacy organizations and
      other partners and will serve as a model for future projects.

               Contact: Urban and Community Forestry Program, 518-402-9425, lflands@gw.dec.state.ny.us
               Address: NYSDEC, Lands and Forests, 625 Broadway, Albany, NY 12233
               Website: http://www.dec.ny.gov/lands/4957.html

Mapping
     DEC integrated census block group demographic and income data into its enterprise geospatial
     information systems to facilitate the identification of potential environmental justice areas
     throughout the state. Together with environmental, health, and other data, DEC has the ability to
     produce maps to guide policy making and implementation, target inspections and enforcement
     activities, prioritize communities for grant making and more.

               Contact: Office of Environmental Justice, 1-866-229-0497, ej@gw.dec.state.ny.us
               Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
               Website: http://www.dec.ny.gov/public/333.html

Environmental justice Community Impact Grant Program
      The DEC Office of environmental justice accepts grant applications from community
      organizations for projects that address environmental and related public health issues. Projects
      must address multiple harms and risks to communities and communicate project results to the
      community residents. Awards range from $2,500 to $50,000 and are given out for projects such



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       as, but not limited to: green collar training programs; studies to increase public awareness and
       understanding of environmental contamination or cleanup activities; community inventories of
       environmental contamination; demonstration projects of green rooftops for storm water abatement;
       alternative energy projects; air and water quality monitoring; community gardens; studies of
       pollution impacts on subsistence fishing; cleanup of lead or mercury contamination in homes or
       schools; demonstrations of pollution control methods; education projects that connect inner-city
       students to nature; projects that address sources of household hazardous waste within the
       community; inventories of open space in the community and demonstration of beneficial uses of
       that open space. Community organizations do not need 501(c)(3) non-profit status to apply.

              Contact: Office of Environmental Justice, 1-866-229-0497, ej@gw.dec.state.ny.us
              Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/public/31226.html

Other Grant Programs favoring Projects in environmental justice Communities
      In addition to the environmental justice Community Impact Grant, DEC demonstrates its
      commitment to environmental justice by prioritizing criteria in several grant programs that favor
      grant awards for projects benefiting environmental justice communities. The following
      Environmental Protection Fund (EPF) funded grant programs award an additional five points to
      eligible projects that demonstrate potential benefits to minority and low-income communities
      burdened by multiple environmental harms and risks: Urban and Community Forestry; Hudson
      River Estuary; and the Quadricentennial grant program.

              Contact: Urban and Community Forestry Grants, 518-402-9425, lflands@gw.dec.state.ny.us
              Address: NYSDEC, Lands and Forests, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/lands/4957.html

              Contact: Hudson River Estuary Grants Program, (845) 256-3016, hrep@gw.dec.state.ny.us
              Address: NYSDEC Region 3, 21 S. Putt Corners Rd, New Paltz, NY 12561
              Website: http://www.dec.ny.gov/lands/5091.html

              Contact: Quadricentennial Commission, (518) 402-8565, tlsulliv@gw.dec.state.ny.us
              Address:, NYS DEC, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/public/45453.html

After-School Conservation Club
       The After-School Conservation Club (ASCC) currently operates in New York City and is a
       collaborative effort of the United Neighborhood Houses, The After-School Corporation and DEC.
       The goal is to bring environmental education to inner-city elementary-aged children involved in
       after-school programs and foster a sense of stewardship. ASCC is located at 11 sites throughout
       the five boroughs of New York City. Each site conducts about four hours of environmental
       education activities and stewardship projects each week during the 10 weeks of the program. DEC
       staff developed the training materials and conduct training workshops for site supervisors and
       youth leaders. More than 600 children participated in the program during each school year. DEC
       plans to expand the program to other urban areas.




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              Contact: Ann Harrison, Chief, Bureau of Environmental Education, Division of Public
              Affairs and Education (518) 402-8032 (518) 402-8050 aeharris@gw.dec.state.ny.us
              Address: NYS DEC, 625 Broadway, Albany NY 12233-4500
              Website: http://www.dec.ny.gov/education/38184.htm

Campership Program
     The goal of the Campership Program is to provide outdoor and natural resource experiences to
     youth, especially from urban areas, which would otherwise not have such opportunities. The
     comprehensive program consists of pre-camp activities, one week at DEC camp, transportation to
     and from camp, and post-camp activities. By engaging youth in these activities, the program
     encourages students to pursue higher education and careers in environmental fields. The pre- and
     post-camp activities are designed to introduce children to fun and educational outdoor recreation
     experiences and to opportunities to learn more about natural resources and environmental careers.
     Activities include planting trees for Earth Day, cleaning up urban neighborhood parks, visiting
     colleges with environmental and natural resource majors, learning how to fish, and hiking trails to
     fire towers. Campers become role models and mentors for younger camp recruits. DEC diversity
     staff are located in New York City, Albany and Buffalo, and concentrate on partnering with
     community-based organizations in providing pre- and post-camp activities in areas within about
     one hour of their work station.

              Contact: Ann Harrison, Chief, Bureau of Environmental Education, Division of Public
              Affairs and Education (518) 402-8032 aeharris@gw.dec.state.ny.us
              Address: NYS DEC, 625 Broadway, Albany NY 12233-4500
              Website: http://www.dec.ny.gov/education/38184.htm
                        http://www.dec.ny.gov/education/39627.html



Indian Nation Policy
       DEC is developing a Commissioner’s Policy on communication and cooperation with sovereign
       Indian Nations. The policy is intended to provide guidance to DEC staff concerning cooperation
       and consultation with Indian Nations on issues relating to protection of environmental and cultural
       resources within New York State. The current draft calls for conducting such relations on a
       government-to-government basis and identifies some basic protocols for doing this. To facilitate
       implementation of the policy, the draft recommends the creation of a specific position within the
       Office of Environmental Justice for coordinating Indian Nation affairs; conducting sensitivity
       training of appropriate staff; holding annual meetings with Indian Nation representatives; and
       establishing a point of contact within each division and Region for handling Indian Nation related
       matters. The draft has been shared with all Indian Nation governments located within the State,
       and DEC met with several Nations, formally and informally, to refine it.

              Contact: Office of Environmental Justice, 1-866-229-0497, ej@gw.dec.state.ny.us
              Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/public/333.html

Governor’s environmental justice Taskforce



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       DEC has taken a lead role in the development and implementation of the Governor’s
       environmental justice Agency Taskforce. The member agencies are expected to produce an
       Action Agenda outlining how environmental justice concerns will be addressed within each
       agency.

              Contact: Office of Environmental Justice, 1-866-229-0497, ej@gw.dec.state.ny.us
              Address: NYSDEC, Office of environmental justice, 625 Broadway, Albany, NY 12233
              Website: http://www.dec.ny.gov/public/333.html

Programs and Services Offered by DEC Environmental Educators
      Teacher Training: Free, educational workshops are offered to schools in urban areas from a variety
      of nationally developed programs: Project WILD, Project WET (Water Education for Teachers),
      Project Learning Tree and Energy Educator. All provide activity guides and hands-on lessons for
      educators in formal and non-formal settings. Access to DEC Environmental Education Centers:
      For major events and festivals, Five Rivers and Stony Kill Farm have partnered with local bus
      companies to provide free transportation from nearby cities to the center.

              Contact: Ann Harrison, Chief, Bureau of Environmental Education, Division of Public
              Affairs and Education (518) 402-8032 (518) 402-8050 aeharris@gw.dec.state.ny.us
              Address: NYS DEC, 625 Broadway, Albany NY 12233-4500
              Website: http://www.dec.ny.gov/education/74.html




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                        NEW YORK STATE DEPARTMENT OF HEALTH
                      ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                            ENVIRONMENTAL JUSTICE RESOURCES

                                         General Statement

Many of the New York State Department of Health's (DOH) programs address issues of concern to
environmental justice communities. Some of DOH’s programs have been listed because they are
specifically directed toward low-income and communities of color. Others are related to health outcomes
or health risks that are known to occur more frequently in low-income and minority populations. Almost
all of the programs listed also have educational and outreach components. DOH has many other
programs that have not been listed, some of which also address concerns in environmental justice
communities.

DOH also helped to carry out the Department of Environmental Conservation’s environmental justice
policy, including development of a protocol incorporating review of health outcome data into the permit
review process. The Commissioner of DOH supports efforts to consider the health status of an
environmental justice community when locating major facilities.


    Programs Currently Addressing Environmental Justice Concerns
                             Minority Health Programs

American Indian Health Program (AIHP)
  The AIHP Program is responsible for providing access to medical care, dental care, and preventive
  health education for approximately 25,000 Native Americans living in reservation communities. In
  2006-2007, over 100,000 health care visits were provided at the Nation clinics. Health care services
  are provided to nine recognized American Indian Nations in New York State: Tonawanda, Tuscarora,
  Seneca, Onondaga, St. Regis Mohawk, Oneida, Cayuga, Shinnecock, and Unkechaug (Poospatuck).
  Health care is provided in the following ways: contract agreements between the Department and three
  hospitals and one community health center to operate clinics on four reservations, direct payment by
  the department for prescription drugs, medical equipment, laboratory services and referrals to doctors
  not working at the clinics, direct contracts with two Nations for on-site primary care services, and a
  direct contract with one Nation to provide health coordination services. Health care services provided
  at the clinics include: medical care, including prenatal care and pediatrics; dental care; foot care;
  diabetes; education; mental health counseling; and enrollment services for Child Health Plus (CHP),
  Family Health Plus (FHP), Women, Infants, Children (WIC).
      Contact:        Wendy B. Stoddart, Program Director
                      Phone: (518) 473-3511
                      E-mail: wbs01@health.state.ny.us
      Website: http://www.health.state.ny.us/community/american_indian_nation/index.htm



Minority Health Program


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   The Office of Minority Health (OMH) is the Health Department's epicenter for issues pertaining to the
   health of racial and ethnic minorities. It was created by legislation in 1992 to serve as liaison and
   advocate for the department on minority health matters; assist medical schools and state agencies to
   develop comprehensive minority health programs to improve minority health personnel; promote
   community strategic planning and review the impact of programs, regulations, and health care
   reimbursement policies on minority health services delivery and access. The Office seeks to
   accomplish this charge by administering grants that support (a) coalition-driven, assets-based and
   neighborhood-specific projects through the Minority Health Partnerships Program; (b) well-defined,
   short term projects to strengthen individual knowledge and skills, promote community health
   education, and/or educate health providers in the Minority Health Mini Grant Program; (c)
   development of an integrative approach to minority male wellness through the Minority Male
   Wellness and Screening Program; health outreach to the Latinos (Latino Health Outreach Initiative);
   and (d) community coalition evaluation capacity. The Office also provides staff support to the New
   York State Minority Health Council and collaborates with a variety of partners (internal and external)
   on behalf of minority health.
       Contact:        Rodolfo Santos
                       Division of Family Health, Office of Minority Health
                       Phone: (518) 474-2180
       Website: http://www.health.state.ny.us/nysdoh/omh/index.htm


Environmental Health Programs

Childhood Lead Poisoning Prevention Pilot Project
   Beginning in October 2007, DOH initiated a pilot project for childhood lead poisoning primary
   prevention, funded at $3 million per year, with eight county/city health departments in neighborhoods
   identified as high risk. Funding was provided to develop primary prevention plans with a goal to
   make housing units free from lead-based paint hazards before a child is lead poisoned. The project
   also emphasizes promotion of local partnerships and community involvement and identification of
   resources and strategies to support control activities for lead-based paint hazards. Cities in Albany,
   Erie, Oneida, Onondaga, Orange, Westchester, and Monroe Counties and the City of New York were
   identified as containing zip codes with the highest incidence of lead poisoning in the state. Plans are
   underway to expand to cities in six additional counties using an additional $1.9 million added to the
   pilot project in the 2008-09 budget. A contract with National Center for Healthy Housing (NCHH)
   will provide an evaluation of the pilot project activity for effectiveness and future sustainability.
       Contact:         Thomas Carroll, Section Chief
                        Housing Hygiene Section
                        Phone: (518) 402-7600
                        E-mail: tjc03@health.state.ny.us



The Healthy Neighborhoods Program
   The Healthy Neighborhoods Program provides in-home assessments and interventions for asthma,
   tobacco cessation, indoor air quality, lead, and fire safety in 13 counties throughout New York State.



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   Interventions may include, among others, asthma trigger education; dust, mold, and pest control
   measures; distribution of pillow and mattress covers; smoking control and cessation education.
       Contact:       Thomas Carroll, Section Chief
                      Housing Hygiene Section
                      Phone: (518) 402-7600
                      E-mail: tjc03@health.state.ny.us
       Website: www.health.state.ny.us/diseases/asthma/environmental_and_occupational_health.htm

Healthy Home Environments for New Yorkers with Asthma (HHENYA)
   The Erie County Healthy Neighborhood Program (HNP) is working with the New York State Asthma
   Program and regional managed care plans to design and implement a pilot project to integrate home
   environmental management into routine asthma care. Under this program, regional managed care
   plans and providers in Erie County refer selected patients with asthma to the HNP for an in-home
   environmental assessment and targeted intervention to reduce exposure to environmental conditions
   that have the potential to affect asthma. The HNP works with referred patients and provide feedback
   to providers to support the integration of environmental management into each patient's asthma self-
   management plan. The program will be evaluated and refined based on lessons learned. If
   substantiated by evaluation findings, the New York State Department of Health will work to support
   the spread of this approach to other areas in New York State.
       Contact:        Bureau of Community Environmental Health and Food Protection
                       Phone: (518) 402-7600
       Website: http://www.health.state.ny.us/diseases/asthma/index.htm

School Environmental Assessment Project
   The influence of the school environment on childhood asthma was examined by conducting surveys
   of school nurses, custodians, and district facilities managers to understand how the school
   environment may increase asthma risk. Ongoing analysis of data from the New York State Education
   Department's 2005 Building Condition Survey provides additional information about the overall
   condition of NYS school buildings, the condition of building systems (e.g., ventilation, plumbing), the
   presence of potential environmental asthma triggers and actions schools are taking to improve indoor
   air quality. Finally, hospitalization data are being analyzed to identify patterns that may be linked to
   particular schools. The purpose of this project is to better understand the problem of asthma in the
   school setting, and to develop and implement targeted, evidence-based interventions.
       Contact:        Bureau of Environmental and Occupational Epidemiology
                       Phone: (518) 402-7950
                       E-mail: ceheduc@health.state.ny.us
       Website: http://www.health.state.ny.us/diseases/asthma/asthma_in_schools.htm



Environmental Public Health Tracking (EPHT)
      Environmental Public Health Tracking (EPHT) collects and studies data on environmental hazards
      and potential health effects related to exposures to these hazards. EPHT focuses on patterns and
      trends in environmental health by reviewing how hazards, exposures, and diseases change over
      time or across regions of the state. Exploring these trends also helps DOH to improve the types of
      data collected, how data are managed, and how data can be shared with other agencies and data



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       users. Analysis of patterns and trends in environmental health can direct future research, public
       health interventions, or other activities that might prevent or control environmentally related
       health problems. The New York State DOH received a five-year grant from the Centers for
       Disease Control and Prevention (CDC) in 2006 to develop an EPHT network that is tracking
       certain nationally consistent data, including asthma, ambient air concentrations of ozone, and fine
       particles. The EPHT program is working jointly with the DOH Asthma program, the New York
       State Department of Environmental Conservation, the Centers for Disease Control and Prevention
       and the US Environmental Protection Agency to provide the public with information from the
       analyses of this data.
       Contact:        Center for Environmental Health
                       Phone: Environmental Health Hotline- 1-800-458-1158,
                       extension 27815 (toll-free). Calls are taken from 8:00AM-4:30PM,
                       Monday through Friday. After hours, leave a voice mail message.
                       E-mail: ceheduc@health.state.ny.us
       Website: www.nyhealth.gov/statistics/environmental/public_health_tracking/

Health Outcome Data Availability Initiative
   Data tables for many health outcomes are available at DOH’s public website for large geographic
   areas such as the county, New York City, or New York State as a whole. For some activities, health
   data are needed for smaller sub-county areas such as ZIP codes. Data are currently available at the
   ZIP code level for asthma hospitalizations and some types of cancer. In support of these programs,
   DOH is in the process of developing additional health data sets for ZIP codes or ZIP code groupings
   and posting these data on NYSDOH’s public web site for users such as agencies, community groups,
   advocates, industries, health providers, residents, etc. Health data sets being considered include low
   birth weight and elevated childhood blood lead levels.

   Support for DEC’s environmental justice Program: DOH assisted DEC by participating in the Health
   Outcome Data Workgroup, which developed a method to display and review health outcome data for
   use in DEC’s permit review process under DEC’s environmental justice policy (CP-29). The method
   relies on the availability of data for sub-county areas such as ZIP codes since ZIP codes can be
   combined to approximate the community that may be impacted by the proposed facility.


   Environmental Public Health Tracking: This program focuses on the review of environmental and
   health data for patterns and trends. Availability of health data for sub-county areas allows DOH to
   focus on particular areas of interest, such as areas served by specific water supplies or areas selected
   based on ambient air-monitoring results. An important focus of the tracking program is sharing data
   with other health agencies (Federal, state, and local) and other data users.
      Contact:         Center for Environmental Health
                       Phone: Environmental Health Hotline- 1-800-458-1158, extension 2-7950 (toll-
                       free). Calls are taken from 8:00am-4:30pm, Monday through Friday. After hours,
                       leave a voice mail message. E-mail: beoe@health.state.ny.us

Fish Advisories
   DOH issues advisories on eating sportfish and game because some of these foods contain chemicals at
   levels that may be harmful to health. The advisories tell people which fish and game to avoid and how



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   to reduce their exposures to contaminants in the fish and game that they do eat. These advisories are
   for sportfish and game that people take and are not for fish and game sold in markets. The health
   advisories are (1) general advice on sportfish taken from waters in New York State; (2) advice on
   sportfish caught in specific New York State waterbodies; and (3) advice on eating New York State
   game. Fish and game can be nutritious and good to eat. Fish are an important source of protein and
   are low in saturated fat. Naturally occurring fish oils lower plasma cholesterol and triglycerides and
   may have other health benefits. However, contaminated fish and game can be the main source of
   exposure to some contaminants. People can get the health benefits of fish and reduce their exposures
   to unwanted contaminants by following the advisories in DOH Advisory Publications.
       Contact:        Center for Environmental Health
                       Phone: Environmental Health Hotline- 1-800-458-1158,
                       extension 27815 (toll-free). Calls are taken from 8:00AM-4:30PM,
                       Monday through Friday. After hours, leave a voice mail message.
                       E-mail: btsa@health.state.ny.us
       Website: http://www.health.state.ny.us/environmental/outdoors/fish/fish.htm


State Superfund and Brownfields Programs
   DOH participates in the State Superfund and Brownfields programs so that human health is protected
   during and after contaminated sites are cleaned up and returned to productive use in communities
   across the State. The Brownfield program, in particular, is intended to clean up abandoned, unused or
   underutilized properties, which are frequently in urban and inner city areas so they may make positive
   contributions to the social and economic well being of the community. This goal is accomplished by
   evaluating potential exposures to contaminated soils, ground and surface water and ambient and
   indoor air, and by having site cleanups that mitigate existing and potential exposures. Outreach
   programs are used to bring the community into the process and give them the opportunity to
   contribute.
       Contact:       Center for Environmental Health
                      Phone: Environmental Health Hotline – 1-800-458-1158, extension 2-7815 (toll-
                      free). Calls are taken from 8:00am-4:30pm, Monday through Friday. After hours,
                      leave a voice mail message.
                      E-mail: beei@health.state.ny.us


Nutrition Programs

WIC Program - Women, Infants, Children
  The WIC program provides supplemental food, nutrition education/counseling, and linkages with
  health and social services for low-income eligible women and children at no cost. WIC’s purpose is to
  improve pregnancy outcomes, promote optimal growth and development for infants and children and
  influence lifetime nutrition and health behaviors. To enroll in the WIC Program, an individual must:
  • Be a pregnant, breastfeeding, or postpartum woman or an infant or child under the age of five;
  • Be identified by a WIC-certified professional authority as having a nutrition/medical risk;
  • Be a New York State resident; and
  • Have income at 185% of federal poverty guidelines or less.



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   In January 2009, the WIC program will undergo a transformation in the foods that are provided and
   will expand, enhancing breastfeeding support and participant-centered nutrition education. Faced with
   the challenges of the obesity epidemic, reducing the risk of chronic diseases and encouraging
   breastfeeding, the new foods will be lower in fat, higher in fiber and more culturally appropriate.

   The WIC program provides services to a monthly average of about 510,000 participants through 100
   local agency direct service providers at 525 WIC clinic sites. The program serves approximately 47
   percent of the WIC-eligible women, infants and children in New York State. Participants redeem over
   2.2 million WIC checks valued in excess of $32 million each month at over 4,500 WIC vendors (local
   grocery stores or pharmacies contracted to provide WIC foods). WIC checks are used to purchase
   prescribed foods such as iron-fortified cereal, cheese, beans, eggs, peanut butter, juice, fat-free or low-
   fat milk, tuna fish, carrots and iron-fortified infant formula, and in 2009 will also provide fresh, frozen
   or canned vegetables and fruits, baby food, tofu and whole grain rice, breads and cereals.
       Contact:         Timothy M. Mooney, Bureau Director
                        Bureau of Supplemental Food Programs
                        Phone: (518) 402-7093
                        E-mail: tmm05@health.state.ny.us
                                 nyswic@health.state.ny.us

                      Call the Growing Up Healthy Hotline to locate the WIC
                      Local Agency nearest to you: 1-800-522-5006
       Website: http://www.health.state.ny.us/prevention/nutrition/wic/index.htm

The Farmer’s Market Nutrition Program
   The Farmer's Market Nutrition Program (FMNP) is designed to encourage low-income families at
   nutritional risk to increase their consumption of fresh fruits and vegetables through the issuance of
   "checks" that may be redeemed at participating farmers markets throughout the state. By introducing
   WIC participants to farmers markets through the FMNP, it is believed that they will develop an
   interest in purchasing fresh produce and continue to frequent these markets. Nearly 300,000 WIC
   households receive a $24.00 FMNP check during the FMNP season (June – October).
       Contact:         Timothy M. Mooney, Bureau Director
                        Bureau of Supplemental Food Programs
                        Phone: (518) 402-7093
                        E-mail: tmm05@health.state.ny.us
                                 nysfmnp@health.state.ny.us

Commodity Supplemental Food Program (CSFP)
  New York State's Commodity Supplemental Food Program (CSFP) offers free, nutritious foods and
  nutrition information to low-income pregnant women, postpartum women (through 12 months),
  children to age six and low-income elderly (aged 60 and over). In 2008, supplemental foods were
  distributed to approximately 35,000 participants per month and 88% of the caseload served is elderly.
  The CSFP Program distributes food in the counties of Nassau, Suffolk, Kings and Queens at five full-
  time and 157 part-time (mobile) food distribution sites.
      Contact:        Timothy M. Mooney, Bureau Director
                      Bureau of Supplemental Food Programs
                      Phone: (518) 402-7093



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                      E-mail: tmm05@health.state.ny.us
                              nysfan@health.state.ny.us

                      For a CSFP local agency nearest you, call the Growing up Healthy Hotline at 1-
                      800-522-5006

                     For further information go to the USDA Commodity Supplemental               Food
Program (CSFP) website: www.commodityfoods.usda.gov
      Website: http://www.health.state.ny.us/prevention/nutrition/csfp/


Child and Adult Care Food Program (CACFP)
   The Child and Adult Care Food Program (CACFP) ensures that nutritious and safely prepared meals
   and snacks are available to children age 18 and under and to functionally impaired adults participating
   in eligible day care programs. CACFP is a US Department of Agriculture (USDA) federal entitlement
   program that improves the nutritional quality of meals and snacks served in participating day care
   programs or adult day care centers, outside school hour’s programs, emergency or homeless shelters,
   and family day care homes. Healthier meals and improved nutritional quality is achieved by
   establishing minimum standards for menus and meals served, providing reimbursement for qualifying
   meals and snacks, monitoring day care meal programs and training of day care staff. The program
   also provides nutrition expertise and consultation and program resources, and enforces program
   guidelines through on-site program reviews.

   Currently, more than 1,500 sponsoring organizations representing 12,000 licensed or registered
   center-based or family day care sites are participating statewide. On average, day care providers serve
   approximately 285,000 meals to children and adults each day. In 2008, New York received nearly
   $170 million in federal USDA funds for this expanded nutrition program.
      Contact:               Jeanne M. Culver, State Director
                             Bureau of Child and Adult Care Food Program
                             Phone: (518) 402-7400
                             CACFP Hotline: 1-800-942-3858
                             E-mail: cacfp@health.state.ny.us
      Website: http://www.health.state.ny.us/prevention/nutrition/cacfp/

Eat Well Play Hard in Child Care Settings
   Eat Well Play Hard in Child Care Settings (EWPHCCS), a childhood obesity prevention intervention,
   provides nutrition education to children and parents in child care settings and training for child care
   staff to promote nutrition and physical activity. This program is targeted to the child care
   organizations serving very low-income children in low-income communities in New York State.
   EWPHCCS improves the nutritional and physical activity environments in child care and educates
   providers and families on how to adopt healthy lifestyle behaviors. In 2008, over 120 child care
   Centers and approximately 15,000 children and their families were reached.
       Contact:               Lynne Oudekerk, Assistant Director
                              Bureau of Child and Adult Care Food Program
                              Phone: (518) 402-7400
                              E-mail: cacfp@health.state.ny.us



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Hunger Prevention and Nutrition Assistance Program (HPNAP)
  The U.S. Department of Agriculture reports that more than two million New Yorkers, 11% of the
  population, do not always have enough money to meet their basic nutritional needs. Children now
  receive approximately 40 percent of all emergency meals distributed through HPNAP-supported food
  pantries. Almost 30% of New York's residents have incomes at or below 185% of the federal poverty
  level and may be eligible for federal food assistance programs such as Food Stamps. But these
  programs do not adjust for New York State's higher costs for housing, utilities and food. HPNAP
  helps to fill this gap.

   The Hunger Prevention and Nutrition Assistance Program (HPNAP) provides funding to emergency
   food relief organizations (EFROs) to improve the quality of food distributed to an estimated total of
   2,500 Emergency Food Relief Organizations (EFRO) such as food banks, food pantries, soup kitchens
   and emergency shelters in New York State, which provide over 120 million meals each year to people
   in need.

   HPNAP emergency food resources are distributed through regional food banks and direct service
   project contracts. Food banks are utilized as a primary means of distributing food acquired wholesale
   or donated by the food industry, philanthropic agencies and government assistance programs. Food
   banks solicit, purchase, store and distribute nutritious food items and provide nutrition technical
   assistance to EFROs in their regions. Direct service projects also provide nutrition support to hungry
   people, but may provide those services directly through their own sites.
       Contact:        Lewis H. Clarke, III, Assistant Bureau Director
                       Phone: (518) 402-7392
                       E-mail: hpnap@health.state.ny.us
       Website: http://www.health.state.ny.us/prevention/nutrition/hpnap/index.htm

Eat Well, Play Hard
   Obesity, poor nutrition and lack of physical activity are the most prevalent causes of health problems
   among children and adolescents in the U.S. and in New York State. Approximately 15.5 percent of
   New York State WIC participants ages two to five years are overweight and nearly one in every five
   New York State school children is overweight. Poor nutrition and inadequate physical activity often
   cause children to become overweight.

   New York State was among the first states to recognize and respond to the problem of childhood
   obesity. In 1997, the state Health Department initiated the Eat Well Play Hard (EWPH) intervention
   targeting pre-school aged children, their families and their communities in an effort to address the
   growing epidemic.

   The overall goal of EWPH is to prevent childhood obesity and reduce long-term risks for chronic
   disease through promotion of targeted dietary practices and increased physical activity beginning at
   age two. The specific core strategies to achieve this goal encourage families to:
   • Increase age-appropriate physical activity
   • Increase intake of fruits and vegetables
   • Increase intake of low-income (1%) or fat-free dairy foods
   • Increase initiation and duration of breastfeeding


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   The strategies of EWPH target more than 500,000 children over the age of two and have been
   incorporated into the food delivery and nutrition education components of all division programs.
   EWPH is expanding through partnerships with state agencies and other organizations concerned about
   the health of children in New York State.
       Contact:        Amy Koren-Roth, Program Director
                       Phone: (518) 402-7390
                       E-mail: ewph1@health.state.ny.us

Just Say Yes to Fruits and Vegetables
   Through the Just Say Yes To Fruits and Vegetables (JSY) Program, nutrition educators in each of the
   eight Food Bank Regions in New York State promote increased consumption of fruits and vegetables.

   The JSY nutritionists provide free nutrition education sessions at local food pantries, WIC clinics and
   other community settings to food stamp clients. Nutrition education sessions emphasize the use of
   frozen, canned and dried products as well as fresh, in-season fruits and vegetables. In 2006, JSY
   nutritionists conducted 1,350 nutrition interventions, including nutrition education sessions and
   community marketing events with over 15,000 food stamp clients.
       Contact:       Patricia Jordan, Program Director
                      Phone: (518) 402-7390
                      E-mail: ewph1@health.state.ny.us

Nutrition Outreach and Education Program
   The Nutrition Outreach and Education Program (NOEP) is operated through a contract with The
   Nutrition Consortium of New York State, which provides outreach to eligible, non-participants of
   federal nutrition programs, such as the Food Stamp Program, and assists them through the program
   enrollment process. This is accomplished through sub-contracts to approximately 45 community-
   based organizations throughout New York State.

   These community outreach programs also work to establish federal nutrition programs where they do
   not exist and identify local delivery obstacles to program participation. In fiscal year 2006-2007, the
   NOEP prescreened 38,231 households for food stamp eligibility and provided direct client assistance
   that enabled 22,836 households to receive food stamp benefits.
       Contact:       Stephen Onderdonk, Program Coordinator
                      Phone: (518) 402-7390
                      E-mail: ewph1@health.state.ny.us


Children’s Health Programs

Growing Up Healthy Hotline
   The department operates the Growing Up Healthy Hotline, which provides information about health
   care, nutrition and other health and human services, 24 hours/day, seven days a week in English and
   Spanish and other languages. In 2006, the Growing Up Healthy Hotline received approximately
   60,000 calls from people across the state.




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   Anyone can contact the hotline by calling 1-800-522-5006 or through TTY access at 1-800-655-1789.
   All calls are confidential. An operator will help identify the services needed and provide information
   on how to locate a provider. Information can be obtained from the hotline on some 30 programs and
   services for families.
       Contact:        Michael A. Acosta, Program Director
                       Phone: (518) 474-1911
                       E-mail: maa04@health.state.ny.us

       Website: http://www.health.state.ny.us/nysdoh/perinatal/en/guh.htm

Childhood Lead Poisoning Prevention Program
   The Childhood Lead Poisoning Prevention Program is located in the Bureau of Child and Adolescent
   Health. Activities of this program include: (1) Development of statewide informational campaigns to
   inform the public and professionals about childhood lead poisoning; the Department's Public Affairs
   Group assists in these activities; (2) Collection and analysis of statewide data on the extent and
   severity of childhood lead poisoning, including initiation of the statewide Childhood Lead Poisoning
   Registry in 1994; (3) Development of the Regional Lead Poisoning Prevention Resource Centers
   which assist pediatric care providers in the management of children with elevated blood lead levels;
   (4) Coordination with other Department of Health programs, such as the Supplemental Nutrition
   Program for Women, Infants and Children (WIC), the Early Intervention Program and the Medicaid
   Managed Care Program, and; (5) Establishment of nine projects to provide interim lead-safe housing
   for families with lead-poisoned children while their dwellings are being remediated.
       Contact:        Kathy Riviello, Program Manager
                       Phone: (518)474-2084
                       E-mail: kxr02@health.state.ny.us
       Website: http://www.nyhealth.gov/environmental/lead/

Regional Asthma Coalitions in New York State
   The DOH issued a call to action, urging communities to organize to fight childhood asthma. In 2000
   and again in 2006, the DOH, through a competitive Request for Application (RFA) process, formed
   11 Regional Childhood Asthma Coalitions, reaching almost all counties and high risk neighborhoods
   in New York State. The coalitions are an organized group of leaders in community organizations and
   volunteers within a specific region who work together to improve the quality of care and the quality of
   life for children and families with asthma. The regional coalitions not only work to control asthma
   within their communities, but they also share information about what is working with the other
   coalitions across the state. For the past six years, the asthma coalitions have proved to be effective
   mechanisms to improve asthma outcomes.
        Contact:       Childhood Asthma Initiative
                       Phone: (518) 486-6065
        Website: http://www.health.state.ny.us/diseases/asthma/coalitions.htm

School-Based Health Center Program
   New York State has the largest SBHC program in the nation. There are more than 200 school-based
   health centers sponsored by over 58 community health and mental health services providers.
   Collectively, these SBHCs provide primary and preventive medical and mental health care services to
   more than 180,000 students living in high-need areas.



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   School-based health centers are extension clinics of Article 28 hospitals and/or diagnostic and
   treatment centers that provide services in school settings. SBHCs represent collaborative agreements
   between community health and mental health providers, schools and school districts and community
   members. Access to comprehensive health and mental health services are provided on-site by teams of
   health professionals, including social workers and psychologists. The program may be augmented by
   additional health and related staff including health educators, nutritionists, dentists and/or dental
   hygienists.

   Students are enrolled with parental consent or where applicable, self consent. Where applicable, the
   SBHC works with the students’ primary care providers to coordinate services and referrals.

   Services and activities provided in SBHCs include:
   • Comprehensive physical and mental health examinations, tests, screening and assessments;
   • Immunizations;
   • Management of chronic medical conditions such as asthma, diabetes, and other conditions;
   • Health education;
   • Social work services, including assistance with obtaining health care coverage;
   • Psycho-social and mental health counseling and referrals;
   • Referrals and appropriate follow-up for specialty services; and
   • Population-based positive youth development activities.
      Contact:        Stephanie Sheehan, Unit Manager
                      Phone: (518) 486-4966
                      E-mail: sms13@health.state.ny.us



AIDS/HIV Programs

Community Development Initiative (CDI) and Multiple Service Agencies (MSAs)
  Both of these initiatives are specifically targeted to serve communities of color. The CDI is intended
  to develop and implement interventions designed to increase HIV awareness, build community
  support for safe behaviors, and provide targeted communities with general information about
  HIV/AIDS programs and services. The MSA initiative is intended to assure that services provided in
  communities of color are integrated in a manner that assures access to a wide variety of HIV services.
  The populations served by these programs are those with the highest rates of HIV infection and the
  greatest risk of infection.
      Contact:        Hope A. Plavin, Director of HIV Planning and Policy
                      Phone: (518) 473-7542
                      E-mail: hap01@health.state.ny.us \

Faith Coordination Project
   The Faith Communities Project was developed in recognition of the significant role faith plays in
   communities disproportionately impacted by HIV/AIDS, and the need to include faith leaders in HIV
   prevention, support and care efforts. Project activities include clergy roundtable discussions, open
   community dialogues, retreats, and capacity-building workshops.


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       Contact:       Hope A. Plavin, Director of HIV Planning and Policy
                      Phone: (518) 473-7542
                      E-mail: hap01@health.state.ny.us

Substance Abuse and Primary Care Initiatives
  These initiatives, which are intended to create and provide services that are co-located, offering easier
  access to treatment and care, serve African-American and Hispanic populations; together these two
  populations account for approximately 75% of those persons receiving counseling and testing, 75% of
  those receiving primary care services and 80% of substance use patients.
      Contact:        Hope A. Plavin, Director of HIV Planning and Policy
                      Phone: (518) 473-7542
                      E-mail: hap01@health.state.ny.us


Minority AIDS Initiative
Through the Minority AIDS Initiative, intensive outreach and educational services are provided to
minority individuals to increase enrollment in the AIDS Drug Assistance Program (ADAP) and promote
access to care.

       Contact:       Hope A. Plavin, Director of HIV Planning and Policy
                      Phone: (518) 473-7542
                      E-mail: hap01@health.state.ny.us
Project WAVE
   Minority radio stations, local health departments and CBOs work together to promote events that
   target persons of color, particularly young people, to encourage them to participate in HIV counseling
   and testing. Project WAVE efforts began in New York City in 2001 and have expanded to
   Westchester, Long Island, Buffalo/Western Region, Rochester, Syracuse and Albany/Capital Region.
       Contact:       Hope A. Plavin, Director of HIV Planning and Policy
                      Phone: (518) 473-7542
                      E-mail: hap01@health.state.ny.us


Other Programs

Migrant and Seasonal Farmworker (MSFW) Health Program
   The MSFW Health Program currently provides funding to 15 contractors, including seven county
   health departments, three community health centers, one hospital, a day care provider with 12 sites
   statewide, and three other organizations. Services are delivered in over thirty counties across New
   York State. Each contractor provides a different array of services that may include outreach,
   transportation, interpretation/translation, health education, primary/preventive medical and dental
   services, and linkage to services provided by other health and social support programs. The services
   are designed to reduce barriers that discourage migrants from obtaining care such as inconvenient
   health clinic hours, lack of bilingual staff and lack of transportation. Health screening, referral and
   follow-up are often provided in migrant camps. Currently funded MSFW service providers are
   focused on achieving four core goals: (1) leading the development of a comprehensive local response
   to the health and human resource needs of the MSFW population and their families, (2) providing


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   access to health and human services for MSFWs and their families, (3) providing health education to
   MSFWs and their families in their native language that is culturally sensitive and promotes optimal
   health, and (4) providing primary and preventive health care to MSFWs and their families.
      Contact:        Thomas P. Carter, Program Manager
                      Phone: (518) 474-6968
                      E-mail: tpc01@health.state.ny.us

Steps to a Healthier New York
   The Steps Program funds states, cities, and tribal entities to implement community-based chronic
   disease prevention efforts that are focused on reducing the burden of obesity, diabetes, and asthma and
   addressing three related risk factors: physical inactivity, poor nutrition, and tobacco use. Four
   counties participate in the Steps to a Healthier NY program: Broome, Chautauqua, Jefferson and
   Rockland. Each county has activities to help residents exercise more, eat better foods and avoid
   tobacco use.
       Contact:        Bureau of Chronic Disease Services
                       Phone: (518) 474-1222
       Website: http://www.health.state.ny.us/prevention/healthy_lifestyles/steps/index.html

NYS Healthy Heart Program
  For more than 20 years, the NYS Healthy Heart Program (HHP) has promoted the heart health of
  residents. Primary attention is given to making it easier for New Yorkers to eat well, be active and be
  tobacco- free. Funds are provided to local communities to conduct physical activity and nutrition
  interventions in schools, worksites and the community, and to ensure people receive appropriate
  health care for risk factors for cardiovascular disease. In 2004, the State Health Department released a
  comprehensive plan to address cardiovascular disease: "Cardiovascular Health in New York State: A
  Plan for 2004-2010." It has 19 objectives to promote healthier behaviors, further enhance the quality
  of care and reduce known disease risks. The plan promotes interventions in four sectors: communities,
  schools, worksites, and health care settings.
      Contact:        New York State Healthy Heart Program
                      Phone: (518) 474-6683
                      E-mail: hhp@health.state.ny.us
      Website: http://www.health.state.ny.us/nysdoh/heart/healthy/program.htm


Prenatal Care Assistance Program (PCAP)
   PCAP is comprehensive prenatal care program to meet the health needs of pregnant low-income and
   high-risk women and to improve birth outcomes. The program ensures women access to a full range
   of health and related services such as obstetrical care, education, nutrition counseling and
   psychosocial support.

   Reimbursement through Medicaid is available for all women with incomes up to 200 percent of the
   federal poverty level. There are 133 PCAP providers statewide in over 400 sites. Approximately
   74,802 women received prenatal care through PCAP in 2006. The comprehensive prenatal care
   standards developed for this program have become the standard of care for New York State and have
   been adopted by managed care plans serving Medicaid clients.




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   A key component of PCAP is presumptive eligibility (PE) screening. PE ensures provider
   reimbursement for all services provided before final Medicaid eligibility is determined.
       Contact:     Denise Hernas, Quality Assurance Coordinator
                    Phone: (518) 474-1911
                    E-mail: dxh04@health.state.ny.us

Community Health Worker Program (CHWP)
   In 24 programs statewide, one-on-one outreach, education and home visiting services are provided to
   pregnant women who are at highest risk for poor birth outcomes, such as low birth weight infants or
   infant mortality. The CHWP is targeted towards specific communities with high rates of infant
   mortality, out-of-wedlock births, late or no prenatal care, teen pregnancies and births, and births to
   low-income women. The program engages pregnant women in early and consistent prenatal care and
   ensures their families receive primary and preventive health care services. Services are provided by
   trained paraprofessionals who live in the community and develop and maintain relationships with the
   families during home visits, which are made at least monthly throughout the woman's pregnancy and
   throughout the infant's first year of life. The ultimate goal is to assist families to develop the necessary
   skills and resources to improve their health status and family functioning.
       Contact:        Michael Acosta, Program Director
                       Phone: (518) 474-1911
                       E-mail: maa04@health.state.ny.us
Bureau of STD Control
   Sexually transmitted diseases (STD) are the most commonly reported communicable infections in New
   York State. Yearly case numbers comprise more than seventy percent of all reported infections. The
   majority of these infections occur in communities adversely impacted by poverty, unemployment, poor
   educational outcomes, substandard housing and other negative environmental conditions. The mission of
   the Bureau of STD Control is to provide surveillance, prevention education, case management and
   contact tracing for STDs including HIV in these communities.
       Contact:        Robert J. Reed, Assistant Bureau Director
                       Phone: (518) 474-3598
                       E-mail: rjr04@health.state.ny.us

Refugee Health Program
   The Refugee Health Program works with representatives from refugee resettlement agencies, local
   health departments and other health care providers to improve refugees’ access to health services. The
   program identifies and contracts with local health care providers to conduct comprehensive health
   assessments for refugees resettling in New York State. In addition to the health assessment, refugees
   begin the series of immunizations required to become legal permanent residents.

   The program provides health and cultural information and coordinates the flow of arrival and health
   assessment information, received from federal immigration and health agencies, to local health
   departments and other states that may be the sites of secondary migrations.

   Refugees receive a medical examination overseas prior to departure for the United States; this exam is
   valid for up to one year. Since an individual's health can change significantly during that period, the
   program works closely with resettlement agencies and refugee health care providers to ensure health
   screening takes place promptly after arrival.



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Contact:   Stephen Hughes, Assistant Bureau Director
           Phone: (518) 474-4845
           E-mail: seh03@health.state.ny.us




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                                  NEW YORK STATE
                     DIVISION OF HOUSING AND COMMUNITY RENEWAL
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                          ENVIRONMENTAL JUSTICE RESOURCES

General Statement

The Division of Housing and Community Renewal’s (DHCR) mission is to make New York State a better
place to live by supporting community efforts to preserve and expand affordable housing, home
ownership and economic opportunities, and by providing equal access to safe, decent and affordable
housing. DHCR is responsible for the supervision, maintenance and development of affordable low- and
moderate-income housing in New York State. By the sheer nature of our mission, the Division’s policies
and programs are geared toward assisting residents of low-income communities, including minority
populations.

One of the Division’s highest priorities is the preservation of affordable housing (preserving affordable
units and preventing them from being lost to market rate housing). This sustainability strategy aims to
provide the maximum number of units available for low to moderate income populations at affordable
rents. In addition, DHCR’s Commissioner has made a commitment to expand the agency’s focus on
sustainable development and align community development and affordable housing investment strategies
with environmentally responsible building practices. These two efforts along with other ongoing
programs and initiatives at DHCR serve to provide fair treatment and benefits to environmental justice
communities on a routine basis.


Programs Currently Addressing Environmental Justice Concerns

Statewide Affordable Housing Needs Study
      Agency staff is in the process of conducting a Statewide Affordable Housing Needs Study which
      is an effort to understand the housing needs of communities across the State. Information
      regarding the affordable housing and community development needs of the various regions across
      the State is obtained through a series of focus group meetings held by DHCR staff with local
      officials and housing experts. These meetings, along with community site visits, also serve as
      effective outreach tools. This study will be used to determine if DHCR’s housing programs are
      suited to meet the needs of New York’s residents. The goal is to provide communities with the
      affordable housing opportunities needed to be sustainable.

              Contact: Debra A. Devine, ddevine@nysdhcr.gov, (518) 408-4900
              Address: ddevine@nysdhcr.gov
              Website: www.nysdhcr.gov


Capital Development Programs
      DHCR administers numerous programs developed to provide funding to eligible applicants to
      construct low-income housing, to rehabilitate vacant or under-utilized residential property (or
      portions of a property), or to convert vacant non-residential property to residential use for


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       occupancy by low-income homesteaders, tenants, tenant-cooperators or condominium owners.
       Although a few programs provide funding on an open-window basis (applications accepted all
       year long), most capital development projects are funded through our annual competitive
       application process, known as Unified Funding. Please visit http://nysdhcr.gov/Programs/ for
       information on all DHCR capital development programs.

               Contact: DHCR Regional Office
               Address: See attached list
               Website: www.nysdhcr.gov

Fair Housing Unit
      The Division’s Fair Housing Unit (FHU) is responsible for ensuring that program areas are
      monitored for compliance with State and Federal laws, rules and regulations governing equal
      opportunity in tenant occupancy in State-assisted housing. FHU affirmatively furthers fair
      housing statewide by ensuring that developers submit a marketing plan for approval prior to
      marketing and rental of units. FHU also provides technical assistance and training on civil rights
      issues to developers and DHCR employees involved at the regional level.

               Contact: Jeanette South, jsouth@nysdhcr.gov, (518) 474-6500
               Address: jsouth@nysdhcr.gov
               Website: www.nysdhcr.gov

Green Building Initiative
      This initiative encourages the development of green, sustainable affordable housing by including
      incentives in the DHCR Unified Funding process. Developers who meet the Division’s green
      building criteria gain a significant advantage in the competitive application process. Our green
      building criteria include many smart growth principles such as siting projects near existing
      development, infrastructure and public transit to encouraging more walkable communities. In
      addition, this initiative encourages the redevelopment of brownfield sites and the use of building
      materials and practices that promote a healthy living environment. A Green Building Criteria
      Reference Manual is available on our website to educate and assist developers in creating
      sustainable and healthier housing.

               Contact: Debra A. Devine, ddevine@nysdhcr.gov, (518) 408-4900
               Address: ddevine@nysdhcr.gov
               Website: www.nysdhcr.gov

Outreach Effort
      Developers of affordable housing funded under the Division’s Green Building Initiative are
      required to provide an occupant’s guide to residents that explains the intent, benefits, use and
      maintenance of the green building features, and encourages additional green activities such as the
      use of healthy cleaning materials, recycling, and gardening. Developers are also required to
      provide a green building manual to the building owner, including a routine maintenance plan to
      ensure that the green building features are maintained properly. Building owners are also required
      to provide a walk-through and orientation to the new resident or homeowner that reviews the
      green building features, operations and maintenance.



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              Contact: Debra A. Devine, ddevine@nysdhcr.gov, (518) 408-4900
              Address: ddevine@nysdhcr.gov
              Website: www.nysdhcr.gov

Energy Efficiency Initiative
      This initiative encourages developers to incorporate energy efficiency measures into both new
      construction and rehabilitation of affordable housing projects by including incentives in the
      DHCR Unified Funding process. Applicants who participate in NYSERDA's Multifamily
      Building Performance Program or New York ENERGY STAR Labeled Program or can
      demonstrate that their project can meet comparable energy efficiency standards qualify for this
      initiative. This initiative seeks to insure that affordable housing funded through DHCR’s capital
      programs achieves a minimum of 20% or greater energy efficiency than projects not constructed to
      these standards.

              Contact: Debra A. Devine, ddevine@nysdhcr.gov, (518) 408-4900
              Address: ddevine@nysdhcr.gov
              Website: www.nysdhcr.gov

Homeownership and Home Rehabilitation Program
     DHCR provides New York State HOME Program funds to not-for-profit organizations and
     municipalities for the purpose of providing assistance to low-income home-buyers and for housing
     rehabilitation assistance for low-income home owners and owners of smaller rental properties (less
     than 10 units) that are occupied by low-income households. HOME Program funds may be used
     only to assist households with incomes at or below 80 percent of area median income. All
     rehabilitation activities must meet federal Housing Quality Standards. In addition, most housing
     assisted under these programs is located in developed areas served by transit and existing
     infrastructure. Energy efficiency, lead-safe work practices and other green practices are
     incorporated into rehabilitation of homes to further reduce utility costs and provide a healthy
     living environment for residents.

              Contact: DHCR Regional Office
              Address: See attached list
              Website: www.nysdhcr.gov

Weatherization Assistance Program
     DHCR manages the Weatherization Assistance Program which assists income-eligible families
     and individuals by reducing their heating/cooling costs and improving the safety of their homes
     through energy efficiency measures. Both single-family and multi-family buildings are assisted.
     Household energy use reductions and resultant energy cost savings are significant, with an average
     savings in excess of 20%.

              Contact: DHCR Regional Office
              Address: See attached list
              Website: www.nysdhcr.gov




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Residential Emergency Services to Offer (Home) Repairs to the Elderly (RESTORE)
      DHCR provides RESTORE funding to not-for-profit and municipal local program administrators
      (LPAs) to pay for the cost of emergency repairs to eliminate hazardous conditions in homes
      owned by the elderly when the homeowners cannot afford to make the repairs in a timely fashion.

              Contact: DHCR Regional Office
              Address: See attached list
              Website: www.nysdhcr.gov

Neighborhood and Rural Preservation Companies Program
      DHCR provides financial support for 222 not-for-profit community-based housing corporations to
      perform housing and community renewal activities statewide. These corporations, known as
      Preservation Companies, provide assistance including, but not limited to, housing rehabilitation,
      home buyer counseling, tenant counseling, landlord/tenant mediation, community rehabilitation
      and renewal, crime watch programs, employment programs, legal assistance, and Main Street
      Development. A majority of Preservation Companies are also involved in the planning and
      development of capital projects, including new construction and/or rehabilitation of older housing
      stock. Companies perform this work with the assistance of DHCR administrative funds and
      leveraged funds from the private sector and other governmental sources.
      Preservation Companies are located in most areas of the state and primarily serve low- and
      moderate-income residents. Preservation Companies are required to serve areas where there are
      significant unmet housing needs for the low and moderate income population.
              Contact: DHCR Regional Office
              Address: See attached list
              Website: www.nysdhcr.gov

Community Development Block Grant (CDBG) Program
    DHCR, through its Office of Community Renewal, administers the Community Development
    Block Grant (CDBG) Program for the State of New York. The NYS CDBG program provides
    financial assistance to eligible cities, towns, and villages with populations of less than 50,000 and
    counties with an area population under 200,000, in order to develop viable communities by
    providing decent, affordable housing, and suitable living environments, as well as expanding
    economic opportunities, principally for persons of low and moderate income.
    The State must ensure that no less than 70% of its CDBG funds are used for activities that benefit
    low- and moderate-income persons. The program objectives are achieved by supporting activities
    or projects that: benefit low- and moderate-income families; create job opportunities for low- and
    moderate-income persons; prevent or eliminate slums and blight; or address a community
    development need that poses a serious and imminent threat to the community's health or welfare.
            Contact: Gail Hammond, ghammond@nysdhcr.gov, (518) 474-2057
            Address: ghammond@nysdhcr.gov
            Website: www.nysdhcr.gov

Public Housing Modernization Program
       The State's Public Housing Modernization Program provides grants to public housing
       developments where rental income is insufficient and funds are unavailable from other sources for




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       needed repairs and improvements. Only State-aided developments not receiving federal assistance
       are eligible for grants. Funds are appropriated on an annual basis.
       The modernization program is an important source of funding for the State's portfolio of public
       housing. Since 1989, grants have been allocated on a multi-year basis for comprehensive, long-
       range modernization plans. The grants are used to replace or repair roofs, heating systems and
       ventilation work; renovate elevators and plumbing systems; modernize bathrooms and kitchens;
       replace existing windows, and add storm windows. Improvements to a development can also
       include masonry re-pointing and repair, upgrading of electrical systems, landscaping, lead testing
       and asbestos abatement.
       Since the program's inception, over $244 million has been appropriated and approximately $228
       million has been awarded to 31 Public Housing Authorities to upgrade 57 housing projects
       containing nearly 19,918 apartments. These appropriations include $2,800,000 set aside for the
       Public Housing Drug Elimination Program.
               Contact: Robert Damico, rdamico@nysdhcr.gov, (212) 480-7252
               Address: rdamico@nysdhcr.gov
               Website: www.nysdhcr.gov


DHCR Regional Office Contact Information

Capital District Regional Office
Lynn Kopka, Regional Director
Hampton Plaza
38-40 State St., 2nd Floor
Albany, NY 12207
Phone: 518-486-5012

Counties Served: Albany, Clinton, Columbia, Delaware, Dutchess, Essex, Fulton, Greene,
Hamilton, Montgomery, Orange, Otsego, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie,
Sullivan, Ulster, Warren, and Washington

New York City Regional Office
Greg Watson, Regional Director
25 Beaver St.
New York, New York 10004
Phone: 212-480-7644
Fax: 212-480-7164

Counties Served: Bronx, Kings, New York, Queens, Richmond, Nassau, Suffolk, Rockland, and
Westchester

Buffalo Regional Office
Thomas Van Nortwick, Regional Director
Electric Tower, Suite 105
535 Washington Street
Buffalo, NY 14203



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Phone: 716-847-7955
Fax: 716-847-3244

Counties Served: Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston,
Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates

Syracuse Regional Office
Daniel Buyer, Regional Director
620 Erie Blvd. West, Suite 312
Syracuse, NY 13204
Phone: 315-478-7179
Fax: 315-478-7188

Counties Served: Broome, Cayuga, Chenango, Cortland, Franklin, Herkimer, Jefferson, Lewis,
Madison, Oneida, Onondaga, Oswego, St. Lawrence, Tioga, and Tompkins




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                                 NEW YORK STATE
                                 DEPARTMENT OF LABOR
                     ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                           ENVIRONMENTAL JUSTICE RESOURCES

General Statement
New York State Labor Department (NYSDOL) vigorously enforces state labor laws to provide a level
playing field for law-abiding employers. We work aggressively to ensure a fair wage for all workers and
protect the safety and health of workers and the public. We assist the unemployed by providing
temporary financial assistance, connect job seekers with employers, and build a workforce that helps New
York's businesses compete in today's global economy.

               Programs Currently Addressing Environmental Justice Concerns

Division of Workforce Development
       The Division fosters innovative workforce policy to:
                Align the State's workforce and economic development goals;
                Address the needs of all workers including but not limited to: unemployed and under-
                employed, veterans, dislocated workers, older individuals, youth, individuals with
                disabilities, and low-income individuals; and
                Meet business requirements.
       The Division also ensures continuous program improvement through performance accountability,
       identification of best practices, targeted State-level initiatives, strategic planning, and the use of
       financial incentives to stimulate system innovation. Following is a description of workforce
       initiatives involving the Division of Workforce Development, which also relate to individuals in
       communities negatively impacted by environmental justice. For each of these programs:
                Contact: Bruce Herman, Deputy Commissioner Workforce Development
                518-485-6410 Bruce.Herman@labor.state.ny.us
                Address: NYSDOL, State Office Campus, Bldg.12, Albany, NY 12240
                Website: www.labor.state.ny.us

New York State’s Clean Energy Industry: The Labor Market and Workforce Development
     NYSDOL began this work in response to the First Report of the Renewable Energy Task Force to
     (then) Lt. Governor Paterson, Clean, Secure Energy and Economic Growth: A Commitment to
     Renewable Energy and Enhanced Energy Independence (February 2008). The Task Force was
     charged with identifying barriers to increase production of renewable energy and recommended a
     series of policies and financial incentives to overcome those barriers. In its first report, it directed
     NYSDOL, in collaboration with other State agencies, to address the needs to sustain a green collar
     workforce (jobs/occupations) associated with the technologies targeted for development in the
     Report – Solar power; Wind power; Biofuel production; and Improving building performance
     operations through energy efficiency and weatherization.
     NYSDOL’s work is intended to address workforce barriers which hinder development of the clean
     energy industry in New York State, as well as pathways out of poverty. The report primarily
     focuses on:
         1. An inventory of the current workforce demand/supply capacity of the State’s renewable
             energy sectors, termed the “Inventory of New York’s Green Energy Capacity.”


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              The inventory establishes the basis for identifying organizations and their capacity to
              support the priority sectors, including programs that address employment barriers facing
              low-income individuals and communities of color.
           2. Defining labor market characteristics of each priority sector, including:
              • Staffing Patterns – Identifies the types of occupations, skill requirements and earnings,
                 as well as the outlook for each occupation; and
              • Career pathways.
           3. Identification of employment barriers that hinder pathways out of poverty.

National Governor’s Association, Center for Best Practices, Policy Academy on State Sector
Strategies: Innovative Workforce Polices to Address Worker and Employer Needs
       New York was accepted (April 10, 2008) to participate in the Policy Academy and our vision for
       sector strategies has two goals: to create employment opportunities that move low-wage workers
       into self-sufficiency and to create significant employment in emerging high-wage high-value
       industries in which there is substantial private investment. After analyzing labor market
       information, one of the three industries that emerged to be addressed by the New York State
       Sectors Strategy Policy Team was Green and Renewable Resources. The Department of Labor is
       working with regional agencies to improve the supply and quality of their respective regions’
       talent pipeline. This will be done through transformation strategies built around either a sector-
       based or a cluster-based approach which will address the attraction, development, and retention of
       talent. Ultimately, this will enhance the region’s competitiveness in the global economy.

Green Jobs
      The NYS Office of the State Comptroller estimates that the production of renewable energy could
      generate up to 43,000 new jobs in New York. In addition, the NYS Public Service Commission
      has initiated an energy efficiency initiative with the goal of reducing energy consumption 15%
      from what it would have been without such effort by 2015 (i.e., the State’s energy efficiency
      portfolio standard). It is estimated that every $1 million spent on building efficiency retrofits
      generates about 52 jobs related to installation of energy efficiency and weatherization measures.
      Therefore, there is an urgent need for workers who can manufacture, install and maintain these
      technologies.

       In response, NYSDOL is addressing training programs to prepare individuals, including low-
       income individuals and disconnected youth, for jobs in the renewable energy and energy
       efficiency sectors. These programs build the basic math, literacy and other work readiness skills
       of low-income individuals so that they can then successfully pursue job-specific training in the
       green and renewable energy sector – photovoltaic, small wind and energy efficiency and
       weatherization. With time on the job and additional training, there will be ample opportunities for
       these workers to move up career ladders. Additionally, training programs for middle- and high-
       skilled workers who have been displaced from other sectors will be developed to create a job-
       ready workforce to assist in manufacturing, marketing, and grid development.

Workforce Investment Act (WIA) Title 1 Youth Programs
     NYSDOL works with many local entities (e.g. schools, businesses, Youth Councils, etc.) to ensure
     that New York’s out-of-school youth are better prepared for employment and exposed to a greater




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       array of potential career opportunities. This is intended to lead youth to achieve secondary
       diplomas, gainful employment, and entrance into the military or post-secondary diplomas.

Career Pathway Initiative
      NYSDOL, in collaboration with NYS Office of Temporary and Disability Assistance, is working
      with nonprofit organizations to provide education, training, and job placement and retention
      services for 18 to 24 year olds who are on Public Assistance. The jobs provided will be in
      industries and sectors which are important to the local or regional economies and are expected to
      experience high rates of growth in the near future. Participants will be trained, educated, and
      certified as necessary to obtain entry level positions and advance to high positions and wages.

Weatherization Assistance Program Initiative
     NYSDOL is currently partnering with NYS Department of Community and Housing Renewal,
     OTDA, and the NYS Office of Children and Family Services on an initiative intended to bring
     low-income, unskilled workers into the residential energy efficiency sector. This initiative will
     advance necessary prerequisites such as work readiness training, GED test preparation, and
     attitudinal/soft skills training. It will also include career exploration and planning to allow
     individuals to gain an understanding of careers in construction, renewable energy and energy
     efficiency (solar, wind, and weatherization). Individuals will also be trained in the fundamentals
     of electricity, plumbing, carpentry, and safety and health.

Limited English Proficiency and Contextualized Learning in the Workplace
      NYSDOL is working with nonprofit organizations to provide Vocational English as a Second
      Language education to employed workers or new job entrants who do not speak English as their
      primary language and who have a limited ability to read, speak, write, or understand English.
      Lack of proficiency in English has been found to impede an individual’s ability to participate in
      occupational skills training necessary to be successful in the workplace and improve their
      economic self-sufficiency.

Adult Ex-Offender Reemployment Initiative
      NYSDOL is providing skills training, education, and job placement and retention services to ex-
      offenders to help prevent recidivism. Long-term, stable employment has a significant impact on
      whether an ex-offender will avoid returning to crime.

Displaced Homemaker Program
       NYSDOL’s Displaced Homemaker Program has provided multipurpose vocationally related
       service to more than 250,000 individuals who have been displaced from their careers as unpaid
       homemakers. The goal of this program is to help long-term homemakers develop and implement
       sound vocational plans leading to employment. This will allow them to become economically
       independent. The services that Displaced Homemaker Centers provide give individuals the
       opportunity to gain the confidence and self-sufficiency needed to lead a full and productive life.

Other NYSDOL Divisions Addressing Environmental Justice Concerns

Worker Protection




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       Division of Safety and Health (DOSH) and the Bureau of Public Work. DOSH protects workers
       through enforcement of Occupational Safety and Health Act (OSHA) standards in the public
       sector and protects the public through enforcement in the areas of asbestos abatement, certain
       industries where the public may be exposed to hazards, and licensing of certain professions
       including crane operators and blasters. The Bureau of Public Work enforces prevailing wage and
       related requirements on public work projects and in connection with public buildings and issues
       prevailing wage schedules.

              Contact: Pico Ben-Amotz, Deputy Commissioner of Worker Protection
              518-457-4317, Pico.Ben-Amotz@labor.state.ny.us
              Address: NYSDOL, State Office Campus, Bldg.12, Albany, NY 12240
              Website: www.labor.state.ny.us

Unemployment Insurance
     Provides benefits to unemployed workers and education and outreach concerning those benefits.

              Contact: Nancy Dunphy, Deputy Commissioner of Employment Security
              518-457-5124, Nancy.Dunphy@labor.state.ny.us
              Address: NYSDOL, State Office Campus, Bldg.12, Albany, NY 12240
              Website: www.labor.state.ny.us

Wage Protection and Immigrant Services
     Division of Labor Standards (Labor Standards) and the Bureau of Immigrant Worker Rights. The
     Division protects low-wage workers through enforcement of the state’s minimum wage and farm
     worker minimum wage laws, and oversees child performer rules and child labor. The Bureau of
     Immigrant Worker Rights works to ensure that the Labor Department is accessible to immigrant
     workers and responsive to their needs. The Bureau conducts outreach to community groups,
     legislators, NGOs, and others in order to inform them of the services provided by the Labor
     Department, and the Bureau also conducts internal analysis of the policies, procedures, and written
     materials of the Department’s programs and divisions to ensure accessibility for immigrants.

              Contact: Terri Gerstein, Deputy Commissioner of Wage Protection and Immigrant
              Services, -518-473-3905, Terri.Gerstein@labor.state.ny.us
              Address: NYSDOL, State Office Campus, Bldg.12, Albany, NY 12240
              Website: www.labor.state.ny.us




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                                NEW YORK STATE
                            DEPARTMENT OF PUBLIC SERVICE
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                          ENVIRONMENTAL JUSTICE RESOURCES

General Statement

The Public Service Commission (PSC) consists of five commissioners, one of whom is appointed as
Chairman by the Governor. The PSC addresses environmental justice issues throughout its initiatives and
work activities. A current initiative before the PSC – the Energy Efficiency Portfolio Standard (EEPS) –
is already having, and will continue to have, a significant, positive impact on the environmental justice
community.

Programs Currently Addressing Environmental Justice Concerns

Low-Income Forum on Energy
      The Low-Income Forum on Energy is a unique statewide dialogue. LIFE brings together
      organizations and individuals committed to addressing the challenges and opportunities facing
      low-income New Yorkers as they seek safe, affordable and reliable energy. Sponsored by the New
      York State Department of Public Service (DPS) and underwritten by the New York State Energy
      Research and Development Authority (NYSERDA), the LIFE dialogue encourages an interactive
      exchange of information and collaboration among the programs and resources that assist low-
      income energy customers. As the nation’s longest running statewide dialogue on the energy needs
      of low-income customers – begun in 1998 – LIFE has built a reputation as an interactive exchange
      of ideas which leads to the development of programs targeted to meet the needs of low-income
      customers. The statewide and regional conferences are great places to meet and network with
      others who are committed to helping low-income energy customers. The conferences feature
      sessions on consumer education, emerging energy issues, and information on resource programs
      that assist low-income energy customers. They also feature exhibitors, including firms and
      organizations that provide programs, services or products that assist low-income energy
      customers. LIFE provides scholarships to income-eligible individuals to participate in the
      statewide and regional conferences. For more information on LIFE:
              Contact: Pamela Carter, Office of Consumer Services, Outreach & Education Supervisor,
              pamela_carter@dps.state.ny.us, (518) 474-5858
              Address: NYS Department of Public Service, Office of Consumer Services, 161 Delaware
              Avenue, Delmar, NY 12054
              Website: http://www.dps.state.ny.us/New_consumer_assist.html.

Energy Efficiency Portfolio Standard (EEPS)
      In May 2007, the PSC initiated the Energy Efficiency Portfolio Standard (EEPS) proceeding. In
      its order, the PSC was to receive public input from all interested stakeholders. On November 6,
      2007, a meeting was held in New York City for residential low-income advocates and
      Environmental Justice (environmental justice) advocates. Specific issues were raised that are now
      on the agenda for the next round in that case: design of EPS programs that allows for and
      encourages environmental justice community participation, particularly in outreach and education
      in communities of color and immigrant communities, where community groups can play a critical


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       role in reaching out in many languages, and overcoming barriers to trust that prevent customers
       from accepting programs offered by government or the utility.

       In an Order establishing EEPS and approving programs dated June 23, 2008, the PSC again stated
       its strong commitment to addressing the concerns of the environmental justice community. As
       part of a statewide program to reduce New Yorkers' electricity usage by 15 percent of forecast
       levels by the year 2015, with comparable results in natural gas conservation, the PSC established
       interim targets and funding through the year 2011. The State's utilities are required to file energy
       efficiency programs, and the New York State Energy Research and Development Authority
       (NYSERDA), as well as independent parties, are invited to submit energy efficiency program
       proposals for PSC. These PSC determinations established the basis for commencement of the
       EEPS program; however, many issues remain. Some are directly related to the immediate
       implementation of the EEPS Order. To resolve some of these outstanding issues, the PSC issued a
       procedural ruling on July 3, 2008 that created five new work groups to address the issues and
       submit reports to the PSC by October 15, 2008. Work Group VIII is tasked with addressing issues
       relating to Demand Response and Peak Reduction and Environmental Justice. Commitment to
       environmental justice in this program is an explicit part of the EEPS Instituting Order and is
       reiterated in further EEPS Orders. See http://www.dps.state.ny.us/Case_07-M-0548.htm; and for
       documents relating to the EEPS proceeding including the rulings and party status list, see
       http://www.dps.state.ny.us/Phase2_Case_07-M-0548.htm.

               Contact: Steve Keller, Chief, Program Development and Analysis, NYSDPS,
               steven_keller@dps.state.ny.us, 518.486-2430
               Address: NYS DPS, Floor 8, 3 Empire State Plaza, Albany, NY 12223-1350
               Website: http://www.dps.state.ny.us/Case_07-M-0548.htm

Office of Consumer Services – General Outreach
       The Office of Consumer Services provides a variety of services to support and assist utility
       customers. Its Consumer Assistance section seeks to ensure that DPS and the utility companies it
       regulates are responsive to the needs and concerns of individual consumers and to the public. The
       Office carries out an active outreach and education and public involvement program on major
       issues such as rate cases, area code splits, Article 7 transmission line siting, generation plan siting,
       and policy initiatives such as the Energy Efficiency Portfolio Standard (EPS), Energy Resource
       Planning (ERP), and the Renewable Portfolio Standard (RPS). One of the benefits of the outreach
       program is the availability of DPS staff to the public, since it provides an opportunity for a
       dialogue with individuals and members of community and neighborhood groups regarding specific
       environmental justice concerns in those communities.

       The Office maintains the www.AskPSC.com web site with information on choosing utility
       service, energy efficiency with practical tips on saving energy and reducing utility bills, consumer
       protections and assistance programs, low-income programs, and how to participate in DPS
       proceedings.

       The Office also maintains a toll-free line for all constituents at 1-800-342-3377 which provides an
       opportunity to speak directly with a DPS consumer representative to discuss general complaints
       and inquiries, and provide overall assistance.



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              Contact: Sandra Sloane, Director, Office of Consumer Services
              Address: NYS Department of Public Service, Office of Consumer Services, 161 Delaware
              Avenue, Delmar, NY 12054
              Website: http://www.dps.state.ny.us/New_consumer_assist.html

Public Notices and SAPA
       The purpose of issuing public notices is to inform the public of actions taken or proposed to be
       taken by the PSC, including scheduling of public statements and evidentiary hearings. The PSC
       publishes newly proposed rules as well as proposed changes to existing rules as prescribed by the
       State Administrative Procedures Act (SAPA) in the exercise of its decision making and regularly
       seeks public input on major cases. After publication and receipt of public comment, the PSC may
       adopt, revise or withdraw the proposal. Additionally, the DPS website offers a primer on the
       SAPA.

              Contact: Jacklyn Brilling, Secretary to the Commission
              Address: 3 Empire State Plaza, Floor 19, Albany, NY
              Website: http//:www.dps.state.ny.us




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                                    NEW YORK STATE
                                 DEPARTMENT OF STATE
                      ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                            ENVIRONMENTAL JUSTICE RESOURCES

General Statement
The Department of State defends the public's safety, protects and develops a sustainable environment,
strengthens local communities, and serves the business community.

Programs Currently Addressing Environmental Justice Concerns

Brownfield Opportunity Area Program (BOA)
     BOA provides funds to help municipalities and community groups identify and plan for the
     redevelopment of brownfields. Brownfields disproportionately affect environmental justice
     communities. The BOA program provides for heavy community participation in developing a
     revitalization strategy for the area and promotes faster clean-up and redevelopment to improve
     environmental and economic well-being.

              Contact: George Stafford, Deputy Secretary of State, Office of Coastal, Local Government
              and Community Sustainability, (518) 473-3355
              George.Stafford@dos.state.ny.us
              www.dos.state.ny.us

Local Waterfront Revitalization Program (LWRP)
      LWRPs are locally developed land and water use strategies built on a community consensus for
      the future use and revitalization of a community’s waterfront. As industrial uses have been
      abandoned or have relocated from the waterfront, many urban areas have derelict or underused
      waterfronts that can be made assets for the immediate neighborhood, as well as for the
      municipality as a whole. These are communities where environmental justice concerns are
      present. Through the LWRP, professional expertise is provided to assist communities in
      reclaiming their waterfronts through a participatory public process.

              Contact: George Stafford, Deputy Secretary of State, Office of Coastal, Local Government
              and Community Sustainability, (518) 473-3355
              George.Stafford@dos.state.ny.us
              www.dos.state.ny.us

Environmental Protection Fund Waterfront Revitalization Program (EPF LWRP)
      The EPF LWRP is a grant program that supports development and implementation of projects that
      implement LWRPs. By statute, 25% of the annual grant funds appropriated are targeted for
      distressed communities. In practice, the amount awarded to distressed communities exceeds this
      percentage.

              Contact: George Stafford, Deputy Secretary of State, Office of Coastal, Local Government
              and Community Sustainability, (518) 473-3355


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              George.Stafford@dos.state.ny.us
              www.dos.state.ny.us

Community Services Block Grant Program
    The Division of Community Services (DCS) administers the Community Services Block Grant
    (CSBG) program in New York State. CSBG is a federal program created by the Omnibus Budget
    Reconciliation Act that provides federal funds to states and communities working through a
    network of Community Action Agencies and other neighborhood organizations to reduce poverty,
    revitalize low-income communities, and empower low-income families and individuals in rural
    and urban areas to become fully self-sufficient. The New York State network is comprised of 52
    CSBG grantees serving all 62 counties, which provide a range of services to meet the needs of
    low-income New Yorkers. Funding is also provided to 4 Indian Tribes/Tribal organizations, for a
    total of 56 entities.

       CSBG funds are flexible and may be used by community action agencies (CAA) for multiple
       strategies and methods that meet the statutory intent to alleviate the causes of poverty. CSBG is
       the core funding of the CAA network which will be the first point of entry to many New Yorkers
       that fall into crisis as a result of burgeoning energy cost this coming heating season. The CAA
       network will be an important partner in all of New York's counties linking families in crisis with
       the resources identified at the Winter Fuels Summit.

              Contact: George Stafford, Deputy Secretary of State, Office of Coastal, Local Government
              and Community Sustainability, (518) 473-3355
              George.Stafford@dos.state.ny.us
              www.dos.state.ny.us

Governor's Cabinet on Economic Security
      The Department of State is overseeing a new initiative to target CSBG funds to the four priority
      areas of Early Childhood Development, At-Risk Youth, and Healthy Families.

              Contact: George Stafford, Deputy Secretary of State, Office of Coastal, Local Government
              and Community Sustainability, (518) 473-3355
              George.Stafford@dos.state.ny.us
              www.dos.state.ny.us

Smart Growth
      Smart Growth operates under three general categories – Economic development, environmental
      protection and Equity. Within “Equity,” Smart Growth can address Environmental justice in
      several ways.

       First, Smart Growth seeks to integrate affordable housing into mixed-use, mixed-income
       communities throughout our metropolitan regions. By doing so, Smart Growth avoids the past
       problem of concentrating affordable housing in isolated urban areas – areas which are most likely
       to be disproportionately impacted by environmental problems.




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Second, Smart Growth promotes inter-disciplinary community planning. That is, transportation,
environmental, economic and municipal planning issues, among others, are planned
collaboratively so that one decision does not negatively impact, or contradict, another. In this
respect, municipal and regional environmental concerns are planned collaboratively with other
aspects of community planning.

Third, Smart Growth promotes “green,” sustainable development. (The Department of States
Building, Energy and Fire Codes Divisions would also address green building.) One component
of green building is indoor air quality. By ensuring a high level of indoor air quality in urban
areas, where poor outside air quality is most prevalent, we can offset the higher rates of asthma,
for instance, found in inner cities.

And fourth, by promoting bottom-up, inclusive planning, the Smart Growth community planning
process can help bring underserved and under-represented communities into the fold of
governmental decision-making that affects their environment.

       Contact: Paul Beyer, Director of Smart Growth, (518) 473-3366,
       Paul.Beyer@dos.state.ny.us
       www.smartgrowthny.com




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                                NEW YORK STATE
                           DEPARTMENT OF TRANSPORTATION
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                          ENVIRONMENTAL JUSTICE RESOURCES

General Statement

Each year the Commissioner of the NYS Department of Transportation (NYSDOT) signs an agency
policy statement regarding Affirmative Action and Civil Rights. Included in the current Affirmative
Action Policy Statement are specific references to state and federal laws and executive orders relating to
environmental justice which serve as the basis for the NYSDOT policy that no person will on the grounds
of race, sex, age, national origin, religion, disability, or being included in minority populations and/or
low-income populations be excluded from participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any program administered by the Department.

        In addition, the current NYSDOT statewide long-range plan, “Strategies for a New Age: New
York State’s Transportation Master Plan for 2030,” specifically addresses the question “How Can
Transportation Fulfill Environmental Justice Goals?” The plan lends support to the close relationship
between transportation and the future protection of New York’s environmental resources and fair
treatment for its minority and low-income populations. It references NYSDOT’s commitment to the
principles and goals of environmental justice and indicates that improving public outreach and education
will be a statewide priority.

Programs Currently Addressing Environmental Justice Concerns

Engineering Division

       Office of Design
       The NYSDOT Project Development Manual (PDM) Appendix 7 was issued by EB 08-005 on
       February 5, 2008. This document contains project report shells designed specifically to address
       social, economic and environmental issues, including environmental justice. The section on
       environmental justice was improved to include guidance for designers to determine where
       environmental justice areas are located and to address any potential impacts to environmental
       justice areas.

       The Public Involvement Manual included in the PDM (Appendix 2) addresses environmental
       justice as part of the context identification process. This manual provides guidance on reaching out
       to and involving minority and low-income populations in the project development process, and
       requires that a public involvement plan be prepared for all projects.

       A new set of public involvement procedures for planning and programming is under development.
       In particular, goals cited for the revised procedures include obtaining input from a wide variety of
       sources and providing reasonable accommodation for those persons with limited English
       proficiency by providing language assistance where appropriate and including information on how
       to receive information in languages other than English during project development.



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             Contact: Steve Zargham, (518) 457-6467
             Address: 50 Wolf Road, Albany, NY 12232
             Website: szargham@dot.state.ny.us

      Office of Environment
      NYSDOT’s Office of Environment maintains the Environmental Procedures Manual (EPM),
      which is the comprehensive source for the Department’s policy, procedure, and technical guidance
      on environmental matters related to the planning, design, construction, and maintenance of
      transportation facilities. The EPM is used when preparing the analyses (e.g., air quality, noise,
      hazardous waste, water quality) for NYSDOT project environmental documents, such as
      Environmental Impact Statements. In compliance with Federal Executive Order 12898, NYSDOT
      environmental documents assess the potential for disproportionate impacts to minority and low-
      income populations.

      NYSDOT Office of Environment staff are also involved in multiple environmental initiatives,
      such as the implementation of “green construction practices” in air quality nonattainment areas,
      which will benefit environmental justice and other communities.

             Contact: Thomas Benware, (518) 485-5313
             Address: 50 Wolf Road, Albany, NY 12232
             Website: tbenware @dot.state.ny.us

      Office of Real Estate
      The NYSDOT Office of Real Estate acquires property in conformance with the Uniform
      Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). In
      doing so, NYSDOT establishes just compensation, makes offers, acquires property, and provides
      relocation benefits without regard to an owner’s or tenant’s ethnicity or income status. When
      relocating persons of low-income, the policy of the Office is to provide supplemental benefits.

      In addition, it is NYSDOT’s policy to provide decent, safe, and sanitary housing to all persons
      being relocated regardless of race, color, religion, sex, or national origin and consistent with the
      requirements of Title VIII of the Civil Rights Act of 1968. Also, NYSDOT’s directional sign
      permits provide that: “The permittee whose name, symbol, or trademark appears on a business
      sign assures that it is in conformance with all applicable laws concerning the provision of public
      accommodations without regard to race, religion, color, age, sex, or national origin, and shall not
      be in continuing breach of that assurance.”

      In conformance with the Eminent Domain Procedure Law, the NYSDOT Office of Real Estate
      participates in public hearings in the neighborhoods affected by each project requiring the
      acquisition of new right-of-way.

             Contact: Roy White, (518) 457-9641
             Address: 50 Wolf Road, Albany, NY 12232
             Website: lwhite@dot.state.ny.us

Policy and Planning Division



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Office of Integrated Modal Services, Public Transportation Bureau
Programs administered by NYSDOT’s Public Transportation Bureau, directly or on behalf of the
Federal Transit Administration (FTA), are consistent with FTA’s environmental justice guidelines
and Federal Executive Order 12898. An environmental justice analysis is included in National
Environmental Policy Act (NEPA) documentation for construction projects funded with federal
and state funds. Each transit agency must provide as part of their federal review process a Title VI
review that documents the purchase with and use of federal funds and the impact on low-income
and minority communities. This review includes how equipment is distributed within the system
and how service operations do not favor/disfavor certain groups.

All applicants for federal transit funding, including those programs administered through
NYSDOT, are required to publish notices of the intent to apply for the funds. The notices also
invite comments on the projects from the public and local human service agencies. Availability of
funding is widely publicized through press releases and publication in several state agency
publications. These agencies also reach out to their community networks. Under the Federal
Section 5310 program administered by NYSDOT, during each grant cycle, a series of workshops
are held across the state to assist applicants in completing their funding requests. Foreign language
interpreters are available at each workshop. For those that cannot attend a workshop, one is
webcast and stored for future viewing. Foreign language interpreters are also available for
technical assistance by phone.

       Contact:        Ron Epstein (518) 457-8362
       Address:        50 Wolf Rd., Albany NY 12232
       e-mail :        repstein@dot.state.ny.us
       Web Site:       https://www.nysdot.gov/divisions/policy-and-strategy

Office of Policy, Planning, and Performance, Statewide Planning Bureau
NYSDOT Statewide Planning Bureau staff have oversight responsibility for the 13 metropolitan
planning organizations (MPOs) in New York State. This involves providing guidance to MPOs on
state and federal mandates, and reviewing their planning and programming products, such as the
MPO long-range plans and transportation improvement programs (TIP). Both the TIP and
long-range plans are required to address environmental justice concerns.

NYSDOT uses tools, such as 1-800 numbers, that make it easy to access and to provide input
regarding NYSDOT publications. Also, NYSDOT mailing lists include low-income and minority
organizations.

       Contact:        Janine Simonsen (518)-457-4056
       Address:        50 Wolf Rd., Albany NY 12232
       e-mail :        jsimonsen@dot.state.ny.us
       Web Site:       https://www.nysdot.gov/divisions/policy-and-strategy

Office of Regional Planning & Program Coordination, Local Programs Bureau
The NYSDOT “Procedures for Locally Administered Federal Aid Projects Manual” assists New
York State municipalities and their consultants in understanding the steps, activities, approvals



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      and other requirements needed to ensure that federally-aided projects arc developed, designed and
      constructed in accordance with federal and state requirements, including environmental justice-
      related requirements.

             Contact:        Diane Kenneally (518) 457-4059
             Address:        50 Wolf Rd., Albany NY 12232
             e-mail :        dkenneally@dot.state.ny.us
             Web Site:       https://www.nysdot.gov/divisions/policy-and-strategy

Department-wide Initiative

      Title VI Coordinators
      NYSDOT has appointed Title VI Coordinators in each regional office to help address Title VI,
      environmental justice, and limited-English proficiency outreach and provide public involvement
      effectively. The Engineering Division has also appointed Title VI Coordinators for each of its
      program areas (Office of Design, Office of Technical Services, Office of Construction, Office of
      Structures, Office of Environmental Science and Office of Real Estate). These coordinators are
      involved with the NYSDOT Office of Civil Rights in developing and implementing Title
      VI/environmental justice/LEP training for main office and regional staff, as well as identifying
      best practices, and piloting the use of “Focus Groups” for the general public. The goals for the
      focus groups include:

       - Educate the public about NYSDOT’s program area efforts by providing access and
         information to each community in a linguistically appropriate environment;
       - Gather information by getting feedback from the public that identify those experiencing
         barriers to access program and services;
       - Develop cultural and linguistic sensitivity from the information gathered; and
       - Review and establish a process that would assist the Engineering Division with current
         forms/documents that could provide a greater opportunity to enhance the translation and/or
         interpretation of these activities in public announcements for meetings, public hearings,
         communication, and legal real estate forms for the public.

             Contact: Doris Powell, (518) 457-0077
             Address: 50 Wolf Road, Albany, NY 12232
             Website: dpowell@dot.state.ny.us




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                                NEW YORK STATE
                             EMPIRE STATE DEVELOPMENT
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                          ENVIRONMENTAL JUSTICE RESOURCES

General Statement

Empire State Development (ESD) is New York State's lead economic development agency. The
organization, with headquarters in Albany, Buffalo and New York City, is supported by a network of 18
additional ESD Offices throughout the state and around the world. The organization is comprised of
highly qualified professionals who help New York businesses to:

   •   Start up, expand, relocate or establish a company;
   •   Retain and enlarge the work force;
   •   Compete more effectively and profitably in the domestic and international marketplace;
   •   Provide technical and financial assistance to businesses through a network of regional offices; and
   •   Promote tourism.

    ESD’s mission is to provide the highest level of assistance and service to businesses in order to
encourage economic investment and prosperity in New York State. We work closely with businesses to
identify creative solutions to challenging problems, generate enhanced opportunities for growth, and help
businesses achieve their uniquely important short- and long-term goals.

Programs Currently Addressing Environmental Justice Concerns

Environmental Investment
      ESD provides assistance to companies that want to substantially reduce costs and/or expand
      operations by reusing, remanufacturing, or recycling materials that are normally disposed; or, by
      reducing the volume or toxicity of waste and/or by-products. ESD funds projects that deliver a net
      environmental benefit and measures this benefit as increased diversion of material from disposal
      for reuse, recycling or remanufacturing; prevention of pollution at the point of generation;
      reduction of the use of toxic inputs and/or hazardous waste outputs at the facility where the project
      occurs. So, implicitly ESD is enhancing the environmental impact of any facility that it assists.

               Contact: Amy Schoch , 518-292-5364, aschoch@empire.state.ny.us
               Address: 30 S Pearl Street, Albany, NY 12245
               Website: www.empire.state.ny.us

Restore NY Communities Initiative
      ESDC offers assistance to municipalities to revitalize blighted urban areas and stabilize
      neighborhoods by providing funding to demolish, rehabilitate and/or reconstruct vacant and
      dilapidated structures. Priority for funding is given to properties that are being remediated in a
      brownfield opportunity area or in areas of economic distress. Economic distress is indicated by
      poverty rates, rate of employment decline, population loss, rate of per capita income change,
      decline in economic activity and private investment. This program enhances the environmental
      conditions of properties located in areas of economic distress.


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               Contact: Linda Serritella, 518-292-5200, lserritella@empire.state.ny.us
               Address: 30 S Pearl Street, Albany, NY 12245
               Website: www.empire.state.ny.us

Empire Zones
     The Empire Zones program benefits distressed areas suffering from high unemployment.
     Businesses located in a designated Empire Zone may qualify for tax incentives and other
     economic development benefits designed to encourage business expansion and job creation. New
     York State’s Empire Zone program was created to stimulate economic growth through a variety of
     State tax incentives designed to attract new businesses to New York State and to enable existing
     businesses to expand and create more jobs.
     To participate in the Empire Zones Program, a business must first be located in an empire zone, or
     qualify as a regionally significant project, and become zone certified. To qualify for certification, a
     business must be able to demonstrate that it will create new jobs and/or make investments in the
     empire zone and be consistent with the local zone’s development plan, including a cost-benefit
     analysis.
     Applications approved by local zone officials are then forwarded to the State for review and
     approval by the Departments of Economic Development and Labor. Once a business is certified, it
     is eligible to claim tax credits, subject to requirements and performance based formulas set in Tax
     Law.
              Contact: Randy Coburn, 518-292-5243, rcoburn@empire.state.ny.us
              Address: 30 S Pearl Street, Albany, NY 12245
              Website: www.empire.state.ny.us

Workforce & Demographics
     New York State is home to a diverse workforce- skilled and semi-skilled workers, seasoned and
     up-and-coming talent, high-tech and non-tech specialists, workers with educational degrees and
     professional experience in every field. The State is the second in the nation in the total number of
     science and engineering graduate students.
     ESD offers businesses financial support and technical resources to offset costs for new hires and
     existing worker training. Whether the business goals include Total Quality Management, statistical
     process control, self-directed work teams, faster turn around, new market penetration, or ISO
     standard achievement, ESD can help the business find the best workers and maximize their
     performance.
             Contact: 1-800-STATE-NY or 1-800 782-8369
             Website: www.empire.state.ny.us

Government Procurement
      New York State can help a business sell to state, federal, and local governments– major purchasers
      of a wide variety of goods and services. New York State budgets for over $8.5 billion worth of
      contracts annually. New York schools, colleges, towns, villages and counties also make several
      billion dollars' worth of procurements each year. This is a significant market for New York
      companies.
      ESD provides specialized government market information as well as data and techniques to
      businesses unfamiliar with government sales, advocates on behalf of New York State companies



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       wherever possible, advises on procurement policies and monitors state and federal legislation to
       help New York State businesses. ESD also provides procurement assistance services that can help
       businesses compete for state contracts, guidance on how to be placed on bidders' lists, and lists of
       New York State subcontractors and suppliers.
       ESD also publishes the New York State Contract Reporter, a publication that keeps small
       businesses appraised of weekly bid opportunities with individual state agencies, public authorities
       and public benefit corporations and publishes services and technology bid opportunities and
       notices of upcoming commodity bid openings.
               Contact: Nancy Fisher, 518-292-5266, nfisher@empire.state.ny.us
               Address: 30 S Pearl Street, Albany, NY 12245
               Website: www.empire.state.ny.us

Minority and Women’s Business Development
      The Division of Minority and Women’s Business Development was established to increase the
      participation of minority- and women-owned businesses in State procurement opportunities. The
      Division’s mission is to promote equality of economic opportunities for MWBEs and to eliminate
      barriers to their participation in state contracts.
      The Division performs three major functions: first, to encourage and assist state agencies that are
      engaged in contracting activities to award a fair share of state contracts to MWBEs; second, to
      review applications by businesses seeking certification as an MWBE and to maintain a directory
      of certified MWBEs; and third, to promote the business development of MWBEs through
      technical assistance, education and outreach.
              Contact: Michael Jones-Bey, 1-800-782-8369, mjonesbey@empire.state.ny.us
              Address: 633 Thridrd Avenue, New York, New York, 10017
              Website: www.empire.state.ny.us




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                                NEW YORK STATE
                      METROPOLITAN TRANSPORTATION AUTHORITY
                    ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                          ENVIRONMENTAL JUSTICE RESOURCES

                                      General Statement

The Metropolitan Transportation Authority (MTA) takes people in the region wherever they need to go.
This vast public transportation network– North America's largest– serves a population of 14.6 million
people in the 5,000-square-mile area fanning out from New York City through Long Island, southeastern
New York State, and Connecticut.

       The MTA serves as one of the nation’s most effective sustainability programs, transporting riders
on more than 8 million trips daily. MTA subways, buses, and railroads provide 2.6 billion trips each year
to New Yorkers- the equivalent of about one in every three users of mass transit in the United States and
two-thirds of the nation's rail riders. MTA bridges and tunnels carry more than 300 million vehicles a
year- more than any bridge and tunnel authority in the nation.

        By systemizing, improving, and expanding these efficiencies over the long term, the MTA can
serve as a national model and regional platform for sustainable growth in the 21st century. The challenge
for the MTA is to continue to provide the environmental and fuel-efficient benefits of mass transportation
while increasingly reducing and managing its own carbon footprint: the energy and other environmental
inputs and impacts involved in providing its services. Increased use of clean renewable fuels, conservation
of water and energy and strategies for adaptation to rising sea levels and temperatures will position the
MTA as a leader in this context.

       In short, the MTA is committed to guaranteeing that the best city in the world has the world's best
transportation system.

Programs Currently Addressing Environmental Justice Concerns

Department of Environmental Conservation Commissioner Policy (CP-29)
      Commissioner Policy 29 applies to all MTA projects (policy defines scope). CP 29 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, and grants
      program and public participation provisions. CP-29 requires public participation throughout the
      environmental permit review process.

Public Outreach & Community Involvement
       The MTA is actively developing mechanisms to simplify and promote communication channels
       for customers throughout the 5,000 square mile MTA service area, to more easily and effectively
       access transit information, and provide timely and useful input to MTA decision makers and staff
       regarding fare policy, transit service delivery /performance, impacts of construction projects on



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       the environment, impacts to local businesses and residences, and engagement in the planning
       process for establishing new services and the expansion of the existing network.

       Recent examples of MTA projects involving significant public outreach and environmental justice
       review include the South Ferry Terminal project, the Second Avenue Subway project and the
       Mother Clara Hale Depot Permit Review Process. Sponsored in partnership by the MTA and the
       West Harlem Environmental Action group (WE ACT), the public outreach process for the Mother
       Clara Hale Depot conversion also includes a significant community visioning /design charette
       process led by a community-based task force to ensure that the depot develops clean, green and
       safe for community members and workers alike.

MTA Green Building Projects
     MTA programs include green and energy-efficiency projects, including MTA facilities, terminals,
     station buildings, and substations such as the Gun Hill Bus Depot, the Corona Yard and the
     Stillwell Terminal, which emphasize water, energy, and materials conservation while also
     minimizing waste and pollution. The replacement of conventional facilities with green facilities
     has significant positive environmental and health benefits for those environmental justice
     communities and residents in which these facilities are often located. The MTA is investigating
     the development of a single MTA-wide Green Building Review Standard for updated facilities,
     similar to the LEED certification program. Current plans for green buildings include the MNR
     Harmon Yard Support Shop and the B&T Queens Midtown Tunnel Service Building Annex.
     Community-visioning sessions for the Mother Clara Hale Depot will explore green features,
     including LEED goals.

Air Pollution Prevention: Greening the Fleets
       The MTA has taken steps to prevent and/or reduce air pollution resulting from our agency actions.
       MTA programs include cleaner-fuel buses and the use of light-duty alternative vehicles for non-
       revenue service, which ultimately benefits the environment and the health of all communities.
       NYC Transit has the largest hybrid-electric bus fleet in North America. By the end of 2008, the
       hybrid fleet will reach nearly 700 buses. All MTA agencies will continue to revitalize their
       revenue and non-revenue fleets to integrate the purchase of new equipment and remanufacturing
       select buses, cars, coaches and locomotives in order to become more sustainable and reduce air
       pollution and carbon emissions.

Noise Pollution Reduction
       The MTA has made modifications to the horns on the M-7 commuter rail fleet horns to reduce the
       number of decibels and channel the horn sound closer to the right-of-way, lessening the noise
       impact for communities, while still ensuring safety and complying with Federal Railroad
       Administration (FRA) requirements. All other MTA agencies continue to make efforts to reduce
       noise pollution within our control.


Green Collar Jobs
      The MTA has participated in green job initiatives ongoing within our service region in order to
      collectively promote the development of the green transportation sector and jobs and training
      related to mobility and sustainability in the New York region (the New York City Green Collar



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       Jobs Roundtable, Go Green Inwood and Washington Heights, Go Green Lower East Side, Go
       Green Harlem). The MTA will continue to promote the progression of green transportation jobs
       with career ladders that demonstrate a potential to foster pathways out of poverty.

MTA Connections Outreach Program
     The MTA administers a homeless outreach program called MTA Connections, which has trained
     caseworkers to help the homeless by guiding them to facilities that provide medical or mental
     health care, substance abuse treatment, or immediate shelter.

Select and Express Bus Service
        MTA New York City Transit, in collaboration with NYC Department of Transportation (DOT), is
        rolling out Select Bus Service (SBS)– a new type of rapid bus operation with advance fare
        payment, dedicated travel lanes and traffic signal priority, resulting in a much faster and more
        attractive ride. Bronx bus customers along the Bx12 route will be the first to benefit from this new
        type of service which is designed to be faster, more reliable and more efficient than current bus
        operations.

       The MTA Department of Buses operates Express Bus Routes in many environmental justice
       communities, including areas of the Bronx, Queens and Brooklyn, in order to provide higher
       levels of service in these areas.

Origin & Destination Survey
       On an ongoing basis, the MTA undertakes customer surveys in order to best understand and serve
       customer needs and improve our level of service. Metro-North Railroad recently undertook an
       Origin and Destination survey of riders which asked several questions about race/ethnicity,
       income, occupation, and car ownership. This information given could be used to better understand
       how minorities and low-income households differ in their travel patterns or habits. A similar type
       of survey is underway for NYC Transit riders.

Targeted Public Outreach
      The MTA undertakes targeted public outreach efforts which are customized to communities and
      MTA branches which, are in turn impacted by construction and impacts to service. The MTA
      aims to incorporate mitigation efforts to reduce impact of construction and service changes on
      nearby communities and customers.

       A recent example of this outreach effort includes the spring 2008 weekend service changes on the
       Port Washington Branch. LIRR Port Washington Branch customers were able to utilize a free
       transfer to NYCT=s #7 subway to complete their trip and public outreach materials were printed in
       Korean and Chinese to ensure that all Port Washington Branches were informed of this service
       change. Another example of this outreach includes the temporary restoration service provided by
       the MTA on the Number 7 Subway line in order to serve the 2008 Chinese New Year.

Pablo Neruda Academy Internship Program
      The MTA has developed a 6 week internship program with Pablo Neruda Academy. Each spring,
      this internship program invites a number of high school students from Pablo Neruda Academy in




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the Bronx to participate as interns and learn about the MTA. The program is intended to inspire
young Pablo Neruda Academy students to become engineers and architects.

       Agency Contact(s)
        - Melissa Bain, MTA-HQ, Strategic Initiatives, mbain@mtahq.org, 212-878-4725
        - Ernest Tollerson, MTA-HQ, Director of Policy and Media Relations,
        etollerson@mtahq.org

         Address: 347 Madison Avenue, New York, NY, 10017-3739
         Website: www.mta.info
         www.mta.info/environment/pdf/interimforweb2.pdf




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                               NEW YORK STATE
                           NEW YORK POWER AUTHORITY
                   ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                         ENVIRONMENTAL JUSTICE RESOURCES

 General Statement
Our Mission is to provide clean, economical and reliable energy consistent with our commitment to
safety, while promoting energy efficiency and innovation for the benefit of our customers and all New
Yorkers.

  Programs Currently Addressing Environmental Justice Concerns

Small Clean Power Plants (SCPPs)
      As part of its environmental review of proposed projects, the New York Power Authority
      (“NYPA”) addresses environmental justice concerns. In NYPA’s environmental review under the
      State Environmental Quality Review Act (“SEQRA”) for the SCPPs it built in New York City
      between 2000 and 2001, NYPA studied the potential impacts of the SCPPs on each community’s
      facilities, land use, and zoning. Among the studied issues, NYPA analyzed impacts to
      neighborhood character, area traffic, air quality, and noise. NYPA’s review included an
      Environmental Justice Analysis (January 2001) as required by DEC.

      NYPA also conducted extensive outreach to educate affected communities and to understand the
      communities’ concerns. NYPA and the New York State Department of Environmental
      Conservation (“DEC”) conducted public hearings on the air quality permit applications for the
      SCPPs. In addition to the DEC statutory notices, NYPA published public notices in the New York
      Times, Newsday, and El Diario (in Spanish). NYPA also conducted legislative public hearings in
      Bentwood, Long Island, the Bronx, Queens, Brooklyn and Staten Island. NYPA provided a
      Spanish translator at each public hearing and fact sheets in English and Spanish.

      As part of its environmental justice efforts for the SCPP projects, NYPA identified and instituted
      several environmental conservation programs in the affected communities, including:
                $12 million to install eight fuel cells at DEP waste water treatment plants that operate on
                renewable anaerobic digester gas;
                $8 million to fund various environmental projects in the areas affected by the SCPP,
                including: the installation of over 1,400 emission reduction devices (diesel oxidation
                catalysts) on school buses running through minority neighborhoods; the purchase of ten
                electric postal delivery trucks with routes in the Bronx and Queens; the installation of
                energy efficient measures in Staten Island schools; and various other offset emission
                projects in Brooklyn and Queens;
                Working closely with United Puerto Rican Organization of Sunset Park (UPROSE) to
                develop a $1 million program to support the Greenway-Blueway waterfront parks
                project and a hybrid shuttle bus program in Sunset Park, Brooklyn;
                Working with the Bronx Overall Economic Development Corporation (BOEDC) on a
                number of initiatives including: developing $6.75 million in programs, including an
                electric hybrid shuttle bus project for the Hunt’s Point Market; an environmental
                revolving loan fund to help finance energy efficiency projects for local businesses in the


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                 Bronx; and an environmental grant program to support the demonstration of solar and
                 green roof technology at various public buildings as well as grants to help purchase
                 electric fork lifts at the newly opened Hunts Point Fish Market and other electric
                 vehicles for use by various organizations;
                 Communicating with residents living nearest the SCPPs for additional ideas on how to
                 enhance those neighborhoods;
                 Making significant investment in energy efficiency projects throughout New York City
                 but specifically in Queens where 60% of in-city power is generated.

                      Contact: Sobeida Cruz, Director of Special Projects & Business Integration, (914)
                      390-8184, cruz.s@nypa.gov
                      Address: 123 Main Street, White Plains, NY 10601
                      Website: http://www.nypa.gov

500 MW Combined Cycle Power Plant
     Another NYPA project that resulted in significant environmental justice programs is our 500 MW
     Combined Cycle power plant in Queens. As part of NYPD’s Article X environmental review of
     the 500 MW plant, NYPA studied environmental justice issues in the socioeconomic analysis
     section (Section 14.3) of the report.

       Besides an environmental review, NYPA initiated an extensive outreach and education plan
       targeting the general public, community groups, business leaders, and government officials.
       NYPA developed a program to provide information to local stakeholders, to provide an effective
       forum for public comment and feedback, and to address concerns and questions raised by
       stakeholders. Numerous briefings and meetings were held with regulatory agency staffs, local
       officials, stakeholders, and interested citizens. The Public Service Commission also held public
       hearings in accordance with Article X.

       Based on the feedback NYPA received, mitigation measures for air quality, surface water
       resources, visual resources, noise, and traffic and transportation were developed to address issues
       of concern identified by the public. NYPA budgeted nearly $50 million dollars in energy
       efficiency projects in Queens in addition to a $2 million program with the Queens Clean Air
       Project (QCAP) to support several initiatives, including the installation of electric ground support
       equipment at LaGuardia Airport; the installation of the Silver Cup Green Roof demonstration
       project; the purchase and placement of solar trash compactors throughout the borough of Queens;
       the retrofit of 53 Department of Sanitation vehicles with emission reduction devices; and the
       placement of nine electric vehicles at Astoria Parks.

              Contact: Victoria Simon, Chief of Staff & Director of Energy Policy, (914) 352-3542,
              Victoria.simon@nypa.gov
              Address: 123 Main Street, White Plains, NY 10601
              Website: http://www.nypa.gov

Electric Power Research Institute (EPRI)
       NYPA is currently a member of EPRI. EPRI is an independent, nonprofit organization that
       conducts research and development for the global electricity sector. EPRI brings together experts



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      from academia and industry as well as its own scientists and engineers to help address challenges
      in electricity generation, delivery and use, including health, safety and the environment. EPRI also
      provides technology, policy and economic analysis to drive long-range research and development
      planning, and supports research in emerging technologies. NYPA currently participates in
      numerous EPRI studies related to health and pollution control, including:

      Air Toxic Health and Risk Assessment
      This program provides a comprehensive approach to technical and policy related issues. It
      examines trace substances, including hazardous air pollutants (HAPS). The main efforts in this
      program currently focus on associated health impacts and potential risk of mercury, arsenic and
      lead emissions. The program conducts basic health science research to address cutting-edge
      questions on health effects and health risk assessment across multimedia.

      NY City Children’s Air Pollution Asthma Study
      The study is expected to be among the most comprehensive to date on air pollution and asthma. It
      will measure a wide range of pollutants in selected homes and at outdoor monitoring stations,
      evaluating the corresponding relationship between indoor and outdoor pollutants, as well as their
      origins. The study is expected to start in July and be completed in late 2009, with the findings
      published in peer-reviewed scientific journals.

      Epidemiology, Toxicology and Exposure Assessment
      This project consists of specific epidemiology and exposure assessment aimed at increasing
      knowledge of air pollution components leading to health effects. This study will evaluate both
      mortality and morbidity endpoints (both cardiovascular and respiratory) when considering the
      effects of air pollution on human health. Exposure assessment studies increase knowledge of the
      primary sources of air pollution exposure in specific populations; this study measures personal
      exposure to particulate matter, its components, and gaseous pollutants.

      Toxicological Evaluation of Realistic Emissions of Source Aerosols
      This project consists of field and laboratory toxicological studies on the health impacts of air
      pollutants. Current research involves laboratory studies on specific emission sources, ambient
      particles, or organic materials. This project evaluates a variety of health endpoints, including
      cardiovascular function, pulmonary inflammation, breathing pattern and oxidative stress.

      Tri-City Concentrated Ambient Particle Study
      These studies are conducted in Atlanta, St. Louis and Pittsburgh to gain additional information on
      the role played by different power plant air pollutants in adverse health effects. In addition, we are
      supporting a study specific to the Detroit area.

                     Contact: Victoria Simon, Chief of Staff & Director of Energy Policy, (914) 352-
                     3542, Victoria.simon@nypa.gov
                     Address: 123 Main Street, White Plains, NY 10601
                     Website: http://www.nypa.gov

Keeping Emissions Low




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       NYPA does not own or operate any plants fueled by coal. Nevertheless, NYPA makes every
       effort to monitor and keep emissions as low as possible. NYPA has piloted the use of biodiesel at
       its Poletti facility to determine the emission and operational benefits of this alternative fuel at
       a power plant. The results were shared with other utilities around the country. NYPA has begun
       developing a thermal energy storage system for its 500MW combined cycle power plant to
       increase plant output during very hot days without increasing fuel use. This efficiency
       improvement means that more power can be generated during peak times with few emissions.
       NYPA also has a monitoring and diagnostics program, which helped develop a technology that we
       deploy today at our facilities. The SF6 Laser Imaging Camera is a technology capable of
       detecting sulfur hexafluoride (SF6) gas leaks in substations and power plants. SF6 gas is used as
       an insulator in power equipment. It is becoming increasingly expensive and is listed by the U.S.
       Environmental Protection Agency as a greenhouse gas. By using this technology as part of our
       standard maintenance inspections, we are able to locate leaks more quickly and reduce the release
       of this greenhouse gas.

              Contact: Victoria Simon, Chief of Staff & Director of Energy Policy, (914) 352-3542,
              Victoria.simon@nypa.gov
              Address: 123 Main Street White Plains, NY 10601
              Website: http://www.nypa.gov

Transportation
      NYPA has put into service hundreds of electric-drive vehicles of various sizes and purposes all
      around the state for use by our customers as well as at our own facilities. NYPA complies with
      recently enacted provisions of the Environmental Conservation Law (ECL 19-0323) requiring the
      use of ultra low sulfur diesel fuel (sulfur content of 115 ppm or less) for diesel-powered heavy
      duty vehicles leased, owned, operated by or on behalf of NYPA or used on NYPA public works
      projects. In addition to our vehicle fleet, we have worked on a number of other initiatives to
      promote clean transportation technologies. Below are specific programs we are working on:

       Hybrid-Electric Transit Buses
       Working with the Metropolitan Transportation Authority (MTA) and New York State Energy
       Research and Development Authority (NYSERDA), we supported the development of a prototype
       hybrid-electric transit bus for New York City Transit and then helped that agency buy 10 hybrid-
       electric transit buses for use on city streets. Following the successful demonstration of these pilot
       buses, the MTA took delivery of an additional 815 for New York City and an additional 850 are
       currently on order. In 2002, this program won the Clean Air Excellence Award from the U.S.
       Environmental Protection Agency.

       More recently, we teamed up with NYSERDA again and the Roosevelt Island Operating
       Corporation to purchase four hybrid-electric buses for Roosevelt Island residents and visitors.
       These stylish red buses now provide most of the bus service on the 147-acre island, located in the
       East River off Manhattan.

       The hybrid buses are all designed with an electric-drive system which includes a battery pack and
       an electric motor. The mechanical energy from braking is converted back into electrical energy
       and supplies additional power to accelerate and climb hills. The hybrid technology, combined with



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a diesel particulate filter and the use of ultra-low-sulfur fuel, have reduced the emissions of
particulate matter by 90 percent, nitrogen oxides by 40 percent and greenhouse gases by 30
percent. Fuel consumption for the hybrid buses is 25 to 35 percent less than for a standard diesel
bus, and all of these buses are being made in New York State, providing jobs at upstate
companies.

School Bus Emission Reduction Program
As part of a $23 million program to offset emissions of air pollutants in four New York City
boroughs, we initiated a $6 million program to install pollution control systems on up to 1,500 city
school buses in service with the New York City Board of Education. The program, which is being
implemented in the Bronx, Brooklyn, Queens and Staten Island, converts bus fueling facilities to
dispense ultra-low-sulfur fuel and equips buses with emission control devices such as diesel
oxidation catalysts (DOCs). The use of ultra-low-sulfur fuel, along with exhaust system
modifications like DOCs, reduces emission levels of particulates, carbon monoxide, sulfur oxides
and total hydrocarbons.

Hybrid Electric Trucks
In 2006, we assisted Charmer Sunbelt, the largest beverage distributor in the United States, in the
development of a pilot project, involving two hybrid trucks to see whether hybrid technology can
be used to power the class 7 heavy duty trucks that help carry Charmer’s beverages nationwide.
The trucks went into full-service in January 2007. They are being used in beverage deliveries
throughout New York City’s five boroughs and western Nassau County. During their operation,
the trucks will also be used to document fuel savings and performance characteristics compared to
conventional trucks. The hybrid trucks are estimated to save 35 percent in fuel costs and are
anticipated to reduce emissions of hydrocarbons by 76 percent, carbon monoxide by 77 percent,
nitrogen oxides by 39 percent and particulate matter by 64 percent.

Airport Electrification
We recently assisted Delta Airlines with replacement of their diesel operated, ground support
vehicles with electric models at the Marine Air Terminal of LaGuardia Airport. We co-funded the
cost of high-tech rapid chargers and helped Delta find additional financing. The Marine Air
Terminal project retired almost the entire fleet of Delta’s ground support equipment (15 pieces)
and replaced it with a fleet of electric powered vehicles and a computer-controlled rapid battery
charging system. The project removes roughly 19.2 tons of harmful pollutants from the
atmosphere each year, including 12.4 tons of nitrogen oxides, 0.8 tons of particulate matter, 4.6
tons of carbon monoxide, and 1.4 tons of hydrocarbons. Over the service life of the fleet, the
project is anticipated to reduce harmful emissions by 256.4 tons. In partnership with Albany
County Airport Authority, we also placed a fleet of clean electric vehicles at Albany International
Airport, and we are currently working on similar programs at Westchester County airport in
Harrison, Stewart International Airport in Newburgh, and John F. Kennedy airport in New York
City.

Delivery Vans
Following a successful NYPA-funded demonstration project to use all-electric trucks for mail
delivery in Manhattan, which we undertook with the New York City DOT, the Northeast
Alternative Vehicle Consortium and Solectria Corp., the U.S. Postal Service (USPS) purchased 20



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       two-ton capacity electric delivery vans. Known as CitiVans, they have replaced diesel trucks that
       traveled short distances and idled for extended periods. More recently, NYPA purchased eight
       CitiVans for mail delivery in the Bronx and two for the Flushing Post Office in Queens as part of
       the program to offset emissions of air pollutants in four New York City boroughs. With the two
       original vans from the demonstration project, the USPS now has a total of 32 CitiVans in its fleet.

                       Contact: Victoria Simon, Chief of Staff & Director of Energy Policy, (914) 352-
                       3542, Victoria.simon@nypa.gov
                       Address: 123 Main Street White Plains, NY 10601
                       Website: http://www.nypa.gov

Truck Stop Electrification
      In partnership with Hunts Point Cooperative Market, Sustainable South Bronx, Clean Air
      Communities Foundation and Idle Aire Technologies, we initiated and helped provide funding for
      the nation's first anti-idling truck stop electrification program for trucks parked at the Hunts Point
      Cooperative Market in the Bronx. As part of the program, overhead climate-control systems and
      electrical hook-ups have been installed at 28 parking bays, allowing drivers at the world's largest
      wholesale food distribution center to power their on-board appliances and refrigerated trailers
      without running their engines. The electrification could save participating truck companies about
      40 percent in maintenance costs compared with the cost of extensive idling, save thousands of
      gallons of diesel fuel and eliminate over 2,000 tons of pollutants each year. The program has been
      awarded the Clean Air Award from the U. S. Environmental Protection Agency.

               Contact: Sobeida Cruz, Director Public and Goverment
               Affairs lower Hudson Valley & Environmental Justice Coordinator, (914) 390-8184,
               cruz.s@nypa.gov
               Address: 123 Main Street, White Plains, NY 10601
               Website: http://www.nypa.gov

Bringing Renewable Energy to the Customers
      NYPA owns and operates 1/3rd (1,400 circuit miles) of New York State’s high voltage bulk
      transmission. With 1,000 MW of wind generation expected to be integrated into the system by the
      end of 2008 and an additional 7,000 MW of wind generation in the New York Independent
      System Operator queue, increased transmission capacity is needed. The most attractive sites for
      new wind generation are in northern and western New York. In addition, opportunities exist to
      bring additional hydro electric power from Canada into New York State, if the appropriate
      transmission capacity is made available. NYPA is exploring opportunities to develop New York’s
      transmission system with other transmission owners and the appropriate regulatory bodies.
      Diversifying our power supply sources to include more renewable energy will likely improve air
      quality and potentially result in fewer conventional power plants needing to operate or be built.
      All of this benefits the state as a whole as well as communities near current or potential power
      plant sites.

       NYPA also works closely with its customers to develop on-site renewable projects and has spent
       over $20 million in renewable energy projects throughout New York State. One example is the
       close partnership we have with the MTA on not only energy efficiency projects at their bus depots,



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       yards and other locations but also on their sustainability plan, part of which involves the
       installation of solar panels on their facilities to provide approximately 5MW of power.

       Another example is fuel cells. A total of eight Power Authority-funded and -installed fuel cells,
       powered by waste gas, have been built at four wastewater treatment plants operated by the New
       York City Department of Environmental Protection in the Bronx, Brooklyn and Staten Island.

       We have also installed natural gas-powered fuel cells at the Central Park police precinct in
       Manhattan, the North Central Bronx Hospital, the MTA Corona Maintenance Yard in Queens, the
       Bronx Zoo, the New York Aquarium in Coney Island, Brooklyn and the State University of New
       York (SUNY) - Syracuse's College of Environmental Science and Forestry. These are just a few
       examples of how we are working to promote renewable energy throughout the 5 boroughs and
       New York State.

              Contact: Victoria Simon, Chief of Staff & Director of Energy Policy, (914) 352-3542,
              Victoria.simon@nypa.gov
              Address: 123 Main Street White Plains, NY 10601
              Website: http://www.nypa.gov

Education Programs
      NYPA has initiated many educational programs geared towards low-income communities or
      communities of color. These programs include:
             African-American Men of Westchester environmental conference in which NYPA
             addressed 250 African-American students from various communities in Westchester
             County. The themes were energy conservation, electric transportation, and recycling.

              St. Mary’s Park in the South Bronx held a Youth Environment day in the South Bronx
              149th Street and St. Ann’s Avenue. Approximately 2,000 families attended and NYPA
              had a booth with a hybrid vehicle. In the booth, NYPA asked young people questions
              about energy and presented compact fluorescent bulbs as prizes for correct answers. NYPA
              provided 500 bulbs for this event.

              In coordination with the 40th Police Precinct Council, we organized an environmental
              conference in the fall at Hostos Community College in the South Bronx. NYPA has also
              partnered with local not-for-profit community groups and, for the second year, has the lead
              on this project.

              At the NYPA-sponsored Greystone Community Fair, NYPA had a booth, providing
              information on energy conservation and giving energy conservation related items to
              children. NYPA also demonstrated the attributes and displayed a hybrid vehicle. This
              event occurred on Buena Vista Avenue in southwest Yonkers.

              During Yonkers Environmental Week, NYPA displayed a hybrid vehicle and had an
              educational booth informing the community about energy efficiency and the environment.
              This event took place in southwest Yonkers.




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              For the past four years, NYPA has sponsored a conference of the Sister to Sister
              International, an African-American woman’s group advocating for the Health of African-
              American Women.

              NYPA holds three “Career Days” each year in which NYPA invites the White Plains
              Youth Bureau to bring their students to NYPA headquarters in White Plains. Minority
              NYPA staff members address and advise students on career opportunities in the power
              industry. This year, NYPA added a Career Day for Mount Vernon High School.

              NYPA has supported the leadership conference “100 Hispanic Women of Westchester” by
              sending women of color to the conference as a professional development tool and has
              supported the organization’s mission to give out scholarships.

              NYPA supported the Ossining Walk day by encouraging the community to conserve
              resources and to walk rather than ride.

              NYPA has participated in the Somos El Futuro conference since its inception 21 years
              ago. This conference brings together 9,000 New Yorkers who represent a cross-section of
              the state's Hispanic community, Federal, state, and locally elected officials as well as
              community labor, and business leaders. The purpose of the conference is to provide a
              forum for the development of legislative and budgetary initiatives of concern to Hispanic
              communities throughout the state.

              NYPA also participates in the Black, Puerto Rican, Hispanic Legislative Task force with a
              similar mission. NYPA provides an informational booth and has sponsored the woman's
              luncheon and other events.

              Additionally, although not specifically targeted to low-income communities or
              communities of color, NYPA has initiated educational and outreach programs for its
              northern and western New York projects that include people from low-income
              communities or communities of color, particularly at its Niagara facilities near the City of
              Buffalo. These educational and outreach programs, designed for schools and local
              communities, involve the dissemination of information about projects that enhance
              environmental, energy conservation, and energy efficiency goals.

                      Contact: Sobeida Cruz, Director Public and Government
                      Affairs lower Hudson Valley & Environmental Justice Coordinator, (914) 390-
                      8184, cruz.s@nypa.gov
                      Address: 123 Main Street White Plains, NY 10601
                      Website: http://www.nypa.gov

Energy Efficiency
      For over 25 years, NYPA has invested in energy efficiency projects in New York State and has
      spent over $1 billion in its efforts to reduce energy consumption. A few recent energy efficiency
      projects with a direct impact on environmental justice communities are described below.




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During the recent relicensing of its St. Lawrence and Niagara hydroelectric projects, NYPA
committed and is spending millions of dollars for environmental, energy conservation, and
community projects to address potentially disproportionate effects to the communities around
these facilities.

NYPA has worked closely with the New York City Housing Authority (NYCHA) on a variety of
energy efficiency projects, including the replacement of over 180,000 refrigerators and installation
of energy efficient instant hot water systems. NYCHA provides medium- and low-income
housing to residents throughout the five boroughs of New York City. Since 1996, NYPA has
completed almost 400 projects totaling approximately $87 million in installed costs. Besides bill
savings and the reduction in energy consumption, this has eliminated 84,916 tons of greenhouse
gas emissions.

As part of Governor Paterson’s comprehensive home heating aid program, the New York Power
Authority (NYPA) recently authorized the offering of a $5 million “Weatherization Blitz” to
customers served by municipal electric systems throughout Upstate New York. NYPA will
distribute “do-it-yourself” kits and an energy saving tip sheets to residents through these utilities
that could result in energy savings in the upcoming months. In addition, NYPA is partnering with
other state agencies and authorities to coordinate information and services outreach efforts.

       Contact: Victoria Simon, Chief of Staff & Director of Energy Policy, (914) 352-3542,
       Victoria.simon@nypa.gov
       Address: 123 Main Street White Plains, NY 10601
       Website: http://www.nypa.gov




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                                 NEW YORK STATE
                     ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
                     ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                           ENVIRONMENTAL JUSTICE RESOURCES

General Statement
The New York State Energy Research and Development Authority (NYSERDA) was established as a
public benefit corporation in 1975, as successor to the New York State Atomic and Space Development
Authority (ASDA). The purpose of NYSERDA is to develop and implement new energy technologies
consistent with economic, social and environmental objectives. NYSERDA places a premium on
objective analysis, as well as collaboration, reaching out to solicit multiple perspectives and to share
information. NYSERDA and its staff are committed to public service, striving to be a model of what
taxpayers want their government to be: effective, flexible, responsive, and efficient. It is the policy of the
Authority to foster and promote participation of Minority Business Enterprises and Women-Owned
Business Enterprises in its procurements and the development of such enterprises and to facilitate a fair
share of the awarding of Procurement Contracts to such enterprises.
Programs Currently Addressing Environmental Justice Concerns

Clean Diesel and Environmental Monitoring, Evaluation, and Protection Programs
      Certain communities in New York State are disproportionately impacted by air pollution and toxic
      air contaminants. These communities are often located near roadways and heavy industry, tend to
      be low-income with large numbers of people of color, and suffer from higher rates of asthma and
      other respiratory illnesses. Diesel and motor vehicle emissions have increasingly been recognized
      not only as a component of regional particulate matter but a “near source” issue for PM, its
      precursors, and other gases such as NO2 with known health effects. The Clean Diesel programs
      support projects related to diesel emission characterization, emissions reductions, contribution to
      air quality, and health effects due to exposure. The following research projects are addressing air
      quality and health issues with Environmental Justice concerns:

               Contact Ellen Burkhard (egb@nyserda.org) (518) 862-1090, ext. 3332
               Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203
               Website: http://www.nyserda.org/programs/Environment/EMEP/.

A Study of Ambient Air Contaminants and Asthma in New York City
This study, completed in 2007, investigated air pollution-related hospital visits in two communities in
NYC, Manhattan and the Bronx. The health analysis results suggested that the criteria pollutants PM2.5,
SO2, O3, and NO2 have a statistically detectable impact on acute asthma ED visits in a community with a
relatively high baseline rate of acute asthma exacerbations. More robust health impacts were observed for
daily maximum PM 2.5 concentration than the 24-hour mean, suggesting that peak exposures may have
larger health impacts. Health effects associated with SO2 occurred at concentrations below the current
standard and the NYSDOH has recommended that this study be included during EPA’s review of the
National Ambient Air Quality Standards for SO2. (See
http://www.nyserda.org/programs/Environment/EMEP/project/6484/6484_pwp.asp)




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Assessment of Carbonaceous PM2.5 for New York and the Region
This study, completed in 2008, investigated the various sources of carbonaceous PM in NYS. As
part of the study, a screening-level exposure of residential population proximity to, and traffic
volume on, major roads in selected NYS counties was conducted. The analysis demonstrated that
large numbers of residents in rural, suburban, and urban counties live within a distance of 150 and
300 meters of highly traveled major roads, demonstrating that elevated exposure to mobile sources
may occur in any size community. (See
http://www.nyserda.org/programs/Environment/EMEP/project/8641/8641_pwp.asp)

Impacts of Clean Diesel Strategies/Technologies on Air Quality and Exposure in New York
This project will perform air quality modeling to assess the impact of diesel emissions
technologies/ strategies in the New York Metropolitan Area.

Ultrafine Particles and Cardiac Responses: Evaluation in a Cardiac Rehabilitation Center
This project measures various health endpoints for patients in a cardiac rehabilitation program
while it simultaneously measures ambient ultrafine particle (UFP) concentrations to investigate
any relationships in ultrafine particle exposure to a sensitive population with heart disease.
Determining how ambient levels of UFPs may affect sensitive individuals such as cardiac patients
is important for public health and air quality management strategies, especially in environmental
justice areas which often have populations with higher than average exposure rates. (See
http://www.nyserda.org/programs/Environment/EMEP/project/8650/8650_pwp.asp)

Research Measurements of Chemical Constituents and Related Processes Affecting NYS’s
Regional and Urban Ozone and Fine Particle Air Quality
The baseline research measurements of photochemical oxidants and particulate matter and their
associated precursors at four strategic monitoring sites in New York State is assisting in
maintaining a comprehensive database designed to elucidate relevant and outstanding questions
impacting air quality decisions facing New York State over the next decade. It also provides the
opportunity to track the effectiveness of regulations and help to provide a framework of
accountability within the air quality management process. It contains an intensive field study to
be conducted at Queens College to investigate production and growth processes of PM near a
major motor vehicle line-source. (See
http://www.nyserda.org/programs/Environment/EMEP/project/4918/4918_pwp.asp)

Outdoor Wood Boilers/Commercial Wood Boilers
The following group of studies seeks to characterize the emissions from an increasingly important
source of heat- wood. These wood combustion appliances are very high emitters of particulate
matter and present a near-source issue for rural and suburban populations. It is often the
economically depressed rural areas that are using wood as an economical fuel, yet these
populations lack the resources to address the associated environmental consequences. For more
information on these programs, contact Ellen Burkhard (see contact information above)
http://www.oag.state.ny.us/bureaus/environmental/pdfs/Smoke%20Gets%20in%20Your%20Lung
s%20Revised%20March%202008.pdf

Environmental Characterization of Outdoor Wood-fired Hydronic Heaters




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       This project will characterize the energy and emissions performance of two low-efficiency and
       two high-efficiency outdoor wood hydronic heaters, also called outdoor wood boilers. The project
       will perform emissions measurements including fine particles (PM2.5), particle size distributions,
       organic PM, elemental carbon, polycyclic aromatic hydrocarbons, NOx, SO2, CO, and CO2.
       There will also be a risk characterization of cardiopulmonary toxicology based on exposure of
       mice to the emissions of different wood combustion units.

       Spatial Modeling and Monitoring of Residential Woodsmoke Across A Non-Urban Upstate New
       York Region
       This project will develop a GIS-based emissions inventory for a rural region and predict
       woodsmoke concentrations taking into account both meteorology and topography. The model will
       be validated using ambient measurements for wood smoke. It is anticipated that even rural regions
       may have elevated concentrations of fine particles because of the high emission rates of residential
       wood combustion and valley-effects during winter that prevent quick dispersion of the smoke.

       Emissions Characterization for Small Scale Commercial Boilers
       This project will test conventional wood-chip boilers for energy efficiency and emissions on two
       models of commercial wood boilers used in schools in northern states. The results will be
       compared to the emissions from oil systems used as back-up at the facilities.

       Demonstration of a Wood Pellet boiler System
       This project will evaluate the energy and emissions performance of a high-efficiency commercial-
       sized unit. The results will be compared and contrasted with results from a companion project
       evaluating its performance using wood chips as well as the project above testing conventional
       wood chip boiler technology and oil systems.

Low-Income
      NYSERDA’s System Benefits Charge (SBC) low-income energy efficiency programs are
      currently funded at $46.4 million per year while the residential programs are funded at $29.48
      million per year. This is an indication of the priority assigned to reducing the energy burden faced
      by low-income households by the Public Service Commission in approving the SBC. The
      programs include Assisted Home Performance with ENERGY STAR, the Multifamily
      Performance Program and EmPower New York. To date these programs have delivered energy
      efficiency services to over 80,000 households, resulting in average annual cost savings of $200 per
      household in the Multifamily Performance Program, $245 in EmPower and $990 in Assisted
      Home Performance. EmPower New York has delivered a total of 1,401 energy and financial
      management workshops attended by over 17,500 individuals.

              Contact: John Ahearn (mja@nyserda.org) (518) 862-1090, ext. 3519
              Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203
              Website: http://www.getenergysmart.org/LowIncome/HomeOwners.aspx.

Office of Temporary and Disability Assistance
       NYSERDA provides technical assistance to the Office of Temporary and Disability Assistance in
       obtaining a discount from participating oil vendors for their HEAP customers. NYSERDA offers
       these vendors an opportunity to provide their customers free heating system cleaning and tuning



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       services. Over 1,000 heating systems have received this service to date. For more information,
       contact John Ahearn (contact information above).

Multifamily Assistance
       NYSERDA’s Multifamily Performance Program helps address environmental justice concerns
       through the improvement of buildings located across New York, including environmental justice
       areas. The program currently has over 70 active projects located in Harlem and the South Bronx,
       which have both been identified as environmental justice areas due to the proliferation of noxious
       uses within the community and the resultant elevated asthma rates among residents. NYSERDA’s
       multifamily program led to the development of the first ENERGY STAR labeled high rise
       residential building in the world, 1212 Martin Luther King Blvd., in the South Bronx. This
       building uses significantly less energy than other buildings and is fully programmed as affordable
       housing.

               Contact: Jim Reis (jfr@nyserda.org) (518) 862-1090, ext. 3251
               Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203
               Website: http://www.getenergysmart.org/MultiFamilyHomes/Default.aspx.

Green Affordable Housing Component
      This component of the Multifamily Program requires new construction projects to achieve
      ENERGY STAR levels of efficiency, and it requires that projects gain LEED certification at the
      Silver level – these projects will all be among the most environmentally sustainable and healthy
      affordable housing in the world. Of the 10 projects currently in the program, four are located in the
      South Bronx, three are located in Harlem, and two are located in other environmental justice areas
      in Brooklyn – East New York and Brownsville. All of these projects will be fully programmed as
      affordable housing.

               Contact: Jim Reis (jfr@nyserda.org) (518) 862-1090, ext. 3251
               Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203
               Website:
               http://www.getenergysmart.org/MultiFamilyHomes/NewConstruction/BuildingOwner/Gre
               en.aspx.

Greening of the Bronx
      NYSERDA, in coordination with the NYS Department of Environmental Conservation and the
      New York City Department of Parks and Recreation, is conducting a major urban reforestation
      effort in the Bronx. The purpose of this $10 million program is to help reduce or contain
      summertime temperature increases and reduce building cooling loads, thereby providing energy
      savings. Additional attributes are expected to include improved air quality, habitat creation,
      increased property values, and improved quality of life. In addition to targeting areas anticipated
      to have high electricity load pockets and areas suitable for tree planting, efforts were made to
      include low-income and minority neighborhoods in order to address environmental equity
      concerns.

               Contact: Pete Savio (pps@nyserda.org) (518) 862-1090, ext. 3334
               Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203



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Transportation Initiatives
      In 2006, NYSERDA, in cooperation with the New York Planning Federation and the U.S.
      Environmental Protection Agency, produced, “A Municipal Official’s Guide to Diesel Idling
      Reduction in New York State.” Diesel truck exhaust is a major source of air pollution, including
      more than 40 hazardous air pollutants, and is considered to be the top toxic air risk in the U.S.
      today. Truck drivers and the neighborhoods around truck-idling locations suffer from increased
      air pollution. These neighborhoods are often lower-income or minority, raising the issue of
      environmental justice and the fairness of disproportionately exposing these populations to toxic air
      emissions. This guidebook presents basic information and practical solutions for consideration,
      and can assist state and local officials in understanding the issues, alternative technologies and
      approaches, and making sound land use decisions that can reduce the impacts of engine idling.
      The guide is available is print or online at: http://www.nyserda.org/publications/09-
      06GuidetoDieselIdlingReduction.pdf.

              Contact: Joe Tario (jdt@nyserda.org) (518) 862-1090, ext. 3215
              Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203

Energy Education
      NYSERDA’s K–12 energy education program, Energy Smart Students, is benefiting students with
      improved energy education in a large number of lower income communities across the state. 65%
      of the teachers attending workshops teach in schools where at least 30% of the students participate
      in the National School Lunch Program and receive free or reduced price lunches.

              Contact: Terri Tuers (tat@nyserda.org) (518) 862-1090, ext. 3303
              Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203
              Website: http://www.getenergysmart.org/EnergyEducation/Default.aspx.

Residential Outreach
      Each year, NYSERDA supports hundreds of community-based outreach events to educate
      consumers about energy savings opportunities and to market our programs. Typically, events
      include a staffed booth with materials that are coordinated with presentations, advertisements and
      information about the events and our programs in local newspapers, local cable television spots,
      links to our website on internet sites, etc. NYSERDA reaches many low-income communities
      through free community newspapers, has outreach materials printed in Spanish, and has placed
      advertisements on popular Spanish websites. We also have a Spanish speaking events coordinator
      that works many events.

              Contact: Sharon Griffith (smg@nyserda.org) (212) 971-5342, ext. 3010
              Address: NYSERDA, Atrium Bldg, 485 Seventh Ave., NY, NY 10018
              Website:
              http://www.getenergysmart.org/CommunityOutreach/EnergySmartCommunities.aspx


Energy $mart Communities Program




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       NYSERDA has targeted low-income consumers and communities of color through a grassroots
       community outreach effort to promote our programs through local program Coordinators. The
       E$C Coordinators for NYC are both located in minority communities in the South Bronx and
       Brooklyn and they work with local colleges (Hostos College and Bronx Community College) to
       sponsor environmental and energy fairs.

              Contact: Sharon Griffith (smg@nyserda.org) (212) 971-5342, ext. 3010
              Address: NYSERDA, Atrium Bldg, 485 Seventh Ave., NY, NY 10018
              Website:
              http://www.getenergysmart.org/CommunityOutreach/EnergySmartCommunities.aspx.

Central Brooklyn Project Green
      NYSERDA sponsored this project with the Bedford-Stuyvesant's Magnolia Tree Earth Center to
      discuss environmental issues impacting Central Brooklyn. Project Green joined the efforts of
      environmental activists from neighborhood backyard gardeners to advocate the promotion of
      green collar jobs, and to inform the community about current and looming environmental
      challenges and sustainable solutions. This event is the first of a series of events highlighting
      environmental issues (and solutions) facing communities of color. Magnolia Tree Earth Center
      was started 35 years ago through the efforts of one woman to save the only Magnolia tree in
      Brooklyn. It has since grown to a community center that holds environmental and earth-friendly
      classes for kids and adults, and sponsors environmental events and activities for the largest
      African-American Community in the country, Bedford-Stuyvesant.

              Contact: Sharon Griffith (contact information above)

Habitat for Humanity
      NYSERDA has also worked with several local groups over the past few years to help them build
      New York ENERGY STAR Labeled homes.

              Contact: John Jones (jcj@nyserda.org) (518) 862-1090, ext. 3365
              Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203

Workforce Training Initiatives
     New York State has heavily invested in energy efficiency, building science, and renewable energy
     technologies, practices, workers, and businesses through NYSERDA. For the past 10 years,
     NYSERDA has helped develop many initiatives to help train workers for jobs in the renewable
     energy and energy efficiency sectors. Efforts have also included providing training subsidies to
     help offset training costs. NYSERDA is now working with the Governor's Renewable Energy
     Task Force and other state agencies to evaluate the way training costs are reimbursed to the
     economically disadvantaged and to help deliver these training programs to: inner cities,
     economically disadvantaged residents, displaced workers, women, minorities, veterans, Native
     Americans, and others. Below are some examples of our training initiatives.

              Contact: Adele Ferranti (af1@nyserda.org) (518) 862-1090, ext. 3206
              Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203
              Website: http://getenergysmart.org/Training.aspx



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Energy Efficiency and Building Science Training
NYSERDA has provided over $2 million to Hudson Valley Community College (HVCC) to develop 10
energy efficiency and building science training institutions across the state. To date, partners such as
HVCC, Bronx Community College (BCC), OCM BOCES, Erie Community College, and the Association
for Energy Affordability have trained thousands of builders and contractors. HVCC and BCC are also
two of seven photovoltaic training centers supported by a $1 million NYSERDA program. These
initiatives are linked to NYSERDA’s support of accreditation and certification programs such as that of
the Building Performance Institute (BPI), the North American Board of Certified Energy Practitioners,
and the Institute for Sustainable Power.

              Contact: Lee Butler (lwb@nyserda.org) (716) 842-1522, ext. 3003
              Address: NYSERDA, 726 Exchange Street, Suite 821, Buffalo, NY 14210

Technical and Professional Development Programs
      For the past 10 years, NYSERDA has provided approximately $2 million annually for a number of
      technical and professional development programs to train the existing workforce on energy
      efficiency technologies, practices, and building systems for the commercial/industrial (C/I) sector,
      and to encourage new job opportunities in the field. Offerings are organized into four categories:
      1) Labor Unions/Trade Training, 2) Professional Certification Training, 3) Accredited
      College/University Curriculum and Continuing Education, and 4) Career Development and
      Professional Training. Programs range from career development to certificate and degree
      programs. Certifications include BPI, Northwest Energy Efficiency Council, North American
      Technician Excellence, and LEED.

              Contact: Lee Butler (contact information above).

Clean Energy Training Initiatives
      Additionally, NYSERDA has a new Program Opportunity Notice available, with proposals due
      June 24, 2008, to provide an additional $4 million for clean energy training initiatives with
      components that target the economically disadvantaged.

              Contact Lee Butler (contact information above)

Climate Change
      NYSERDA is initiating research that will identify the anticipated impacts of a changing climate
      on New York’s infrastructure, resources and citizens. We are exploring opportunities to include an
      environmental justice component in the assessment, to locate populations that are particularly
      susceptible, and identify adaptation strategies and resources.

              Contact: Sandi Meier (sm4@nyserda.org) (518) 862-1090, ext. 3462
              Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203
              Website: http://www.nyserda.org/programs/Environment/EMEP/.

Hunts Point
      NYSERDA is exploring working with the Department of Agriculture and Markets at a critical
      environmental justice area in New York State. The program would incorporate state-of-the-art



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green building technology and clean diesel technologies and could serve as a model for other areas
in Hunts Point.

       Contact: Barry Liebowitz (bnl@nyserda.org) (518) 862-1090, ext. 3248
       Address: NYSERDA, 17 Columbia Circle, Albany, NY 12203




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                                 NEW YORK STATE
               OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
                  ENVIRONMENTAL JUSTICE INTERAGENCY TASKFORCE
                          ENVIRONMENTAL JUSTICE RESOURCES
General Statement

The Mission of the Office of Parks, Recreation and Historic Preservation is to provide safe and enjoyable
recreational and interpretive opportunities for all New York State residents and visitors and to be
responsible stewards of our valuable natural, historic and cultural resources.

Commissioner Ash of the Office of Parks, Recreation and Historic Preservation (OPRHP) has identified
Revitalizing New York State’s Parks and Historic Sites as the Agency’s top priority. The state parks
system is one of New York’s great assets, and the Agency is committed to providing safe, affordable and
enjoyable recreational and interpretive experiences to the 55+ million people who visit the State Parks and
Historic Sites each year. Since 1995, the State Park System has expanded by more than 25 percent, with
66,000 acres and 26 new parks added. Over the same period, the agency lost roughly 250 park operations
and maintenance staff, and the capital budget was cut. As a result, park management needs exist across
the agency and a large backlog of capital projects has developed. With many state parks and historic sites
serving low-income communities and communities of color, this Commissioner’s policy provides a
blueprint for revitalizing public resources that are essential to providing recreational opportunities and
environmental experiences that are integral to ensuring an improved quality of life for these communities.


Programs Currently Addressing Environmental Justice Concerns

Initiative to Revitalize State Parks and Historic Sites
        The FY2008-09 State Budget included $95 million in new capital funding to implement much-
        needed improvements at state parks across New York. With the addition of these new funds, the
        OPRHP capital program will total $132 million in capital improvements this year to carry out
        projects at 100 state parks and historic sites. Many of these projects will improve parks and
        historic sites that are either located in underserved communities or serve low-income and minority
        populations. A few specific examples include improvements at:

       Brentwood State Park (Long Island)
       Development of eight soccer fields and two baseball diamonds, new bathroom facilities and a new
       building to serve as the announcers’ booth and storage area; and design work for development of
       seven more playing fields, two more baseball diamonds, lighting and concession stand.

       Sunken Meadow State Park (Long Island)
       Reconstruction and paving of main parking field; telephone upgrades; electrical upgrades and
       design of new swimming area bathhouse and golf course clubhouse.

       Riverbank State Park (New York City)
       HVAC and roof replacement; traffic circle re-surfacing; and design work for basketball court,track
       replacement, and ice skating rink upgrades.


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       Roberto Clemente State Park (New York City)
       Upgrade of swimming pool complex and design work for a new boat house, environmental center,
       and replacement of deteriorating bulkhead.

       Bear Mountain and Harriman State Parks (Rockland & Orange Counties)
       Projects include improvements to pedestrian tunnel; continuing work on the Bear Mountain Inn;
       sewage system upgrades and road improvements; as well as design work for water system
       upgrades and bridge replacement.

       Rockland Lake State Park (Rockland County)
       Rehabilitation of the South Pool system and design for improvements to the bathhouse.

       Washington’s Headquarters State Historic Site (Newburgh)
       Upgrades to the aged Museum Building.

       FDR (Westchester County)
       Numerous projects including replacement of the pool control panel; rehabilitation of the pool
       fence; improvements to the bathhouse; and design work for the replacement of three comfort
       stations.

       Schuyler Mansion State Historic Site (Albany)
       Roof and parking lot improvements and design work for rehabilitation of an aging retaining wall.

       Niagara Reservation State Park (Niagara Falls)
       Improvements at numerous areas within the park including Goat Island, Cave of the Winds, Luna
       Island, Stedman’s Bluff, Three Sisters Island, Observation Tower and the Visitors Center; and
       design work for major projects including the Goat Island Bridge and the Robert Moses Parkway.

              Contact: Pete Finn 518-474-0439 Pete.Finn@oprhp.state.ny.us
              Address: Agency Bldg 1, Empire State Plaza, Albany, NY 12238
              Website: www.nysparks.state.ny.us


EPF Grants Program
     With funding provided from the Environmental Protection Fund, OPRHP provides more than $20
     million annually in grants for the acquisition and development of parks, historic preservation
     projects and heritage areas. Pursuant to statutory provisions, a minimum of 25% of these grants
     are designated for award to underserved communities. Legislation developed by the Agency that
     was recently signed into law would further support grants to underserved communities by
     increasing the State’s share from 50% to 75% of the project cost in these targeted geographic
     areas.

              Contact: Pete Finn 518-474-0439 Pete.Finn@oprhp.state.ny.us
              Address: Agency Bldg 1, Empire State Plaza, Albany, NY 12238
              Website: www.nysparks.state.ny.us



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Historic Preservation Tax Credit Program
       OPRHP administers the New York State and federal Historic Preservation Tax Credit Programs.
       These credits provide substantial tax breaks that help to offset the cost of rehabilitating
       commercial and certain residential buildings that are listed on the National or State Registers of
       Historic Places. Many historic buildings are located in New York’s older population centers. The
       tax breaks encourage rehabilitation of historic buildings that contribute to redevelopment of, and
       economic revitalization in, these regions of the State. The New York State tax credit for historic
       residential structures is applicable only in economically distressed communities.

               Contact: Pete Finn 518-474-0439 Pete.Finn@oprhp.state.ny.us
               Address: Agency Bldg 1, Empire State Plaza, Albany, NY 12238
               Website: www.nysparks.state.ny.us

Interpretation Programs at Parks and Historic Sites
       Parks and Historic Sites in underserved communities and serving low-income and minority
       populations offer a great variety of environmental and historic interpretation programs to children
       and adults across the state. Examples include programs that provide unique educational
       opportunities to inner-city children in the Buffalo area including an introduction to fishing at
       Beaver Island State Park, snowshoeing and beach programs at Woodlawn Beach State Park, and a
       farm heritage program at Knox Farm State Park where children learn about fiber production by
       shearing sheep, spinning wool and making simple garment items from their spun wool. In New
       York City, the Raptor Program brought third and fourth graders face-to-face with eagles, hawks
       and owls in Riverbank and Empire-Fulton-Ferry State Parks, and the Operation Explore program
       provides an overnight environmental education experience for city students at Clarence
       Fahnestock State Park in the Hudson Valley. And while there are already a number of
       interpretation programs offered across the system, over the past year there has been a significant
       enhancement of the agency’s efforts to provide interpretation of the natural resources in our state
       parks and historic sites. Nine new natural resource staff people have been hired, and a new senior
       Environmental Educator position in Albany was created to foster agency-wide environmental
       education efforts. This staff is in the process of developing a comprehensive strategic plan to
       enhance our environmental education programs, which will include programs specifically geared
       to low-income communities and communities of color.

               Contact: Pete Finn 518-474-0439 Pete.Finn@oprhp.state.ny.us
               Address: Agency Bldg 1, Empire State Plaza, Albany, NY 12238
               Website: www.nysparks.state.ny.us

Recreational Programs
      Considering the great danger of obesity and diabetes in low-income communities and
      communities of color, our state parks provide integral recreational programs. Many parks provide
      indoor and outdoor physical activities 365 days a year, including organized team play, skill
      development programs and free-play opportunities. New York City parks that are located in
      underserved areas such as Riverbank and Roberto Clemente State Parks offer a wide variety of
      organized recreational programs including basketball, football, baseball, softball, tennis, ice and




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       roller skating, swimming, karate and dance programs, as well as after-school and summer camp
       programs.

              Contact: Pete Finn 518-474-0439 Pete.Finn@oprhp.state.ny.us
              Address: Agency Bldg 1, Empire State Plaza, Albany, NY 12238
              Website: www.nysparks.state.ny.us

Group Camps
      Parks such as Harriman State Park in the Palisades Region and Allegany State Park in western
      New York make group camps available at affordable rates to camps and other environmental and
      recreational programs that serve children from low-income communities and communities of
      color.

              Contact: Pete Finn 518-474-0439 Pete.Finn@oprhp.state.ny.us
              Address: Agency Bldg 1, Empire State Plaza, Albany, NY 12238
              Website: www.nysparks.state.ny.us

No Child Left Inside
      “No Child Left Inside” is a growing, nationwide effort to provide outdoor recreation and
      environmental awareness activities for children. Legislation is pending in Congress to provide
      funding to the states. OPRHP is positioned to provide program coordination, through both our
      own facilities and through our grants program. Under a new “No Child Left Inside” initiative,
      OPRHP could expand environmental interpretation, cultural education and recreational programs
      at our own facilities and, as funding becomes available, could provide grants to local governments
      and not-for-profits to fund such youth-related programs. The program would be statewide in
      scope, but with a particular emphasis on addressing the needs of underserved communities.

              Contact: Pete Finn 518-474-0439 Pete.Finn@oprhp.state.ny.us
              Address: Agency Bldg 1, Empire State Plaza, Albany, NY 12238
              Website: www.nysparks.state.ny.us




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