Bill Text: NY S05540 | 2019-2020 | General Assembly | Introduced

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Bill Title: Makes various provisions regulating the location of environmental facilities to insure equity of treatment for minority communities or economically distressed areas; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on such areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05540 Detail]

Download: New_York-2019-S05540-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5540
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 6, 2019
                                       ___________
        Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
          Conservation
        AN  ACT  to amend the environmental conservation law, in relation to the
          location of environmental facilities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. The legislature finds and declares that
     2  each community in the state should equitably share the responsibilities,
     3  burdens,  and benefits of managing and solving the state's environmental
     4  problems and the facilities  necessary  to  accomplish  such  ends.  The
     5  legislature  further declares that there has been an inequitable pattern
     6  in the siting of environmental facilities in minority  and  economically
     7  distressed  communities, which have borne a disproportionate and inequi-
     8  table share of  such  facilities.  Consistent  with  its  commitment  to
     9  providing equal justice for its citizens, the state has a responsibility
    10  to  establish  requirements  for  the consideration of such decisions by
    11  state and local governments in order to insure equality of treatment for
    12  all communities.
    13    § 2. Section 1-0303 of the environmental conservation law  is  amended
    14  by adding three new subdivisions 26, 27, and 28 to read as follows:
    15    26. "Economically distressed area" shall mean an area characterized by
    16  a poverty rate of at least twenty percent; or an unemployment rate of at
    17  least  one  hundred  twenty-five  percent  of the statewide unemployment
    18  rate.
    19    27. "Minority community" shall mean any census  tract  or  subdivision
    20  thereof that includes twenty-five percent or more of any ethnic group.
    21    28.  "Ethnic  group"  shall  mean those groups identified in the defi-
    22  nition of minority group member pursuant to subdivision eight of section
    23  three hundred ten of the executive law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05070-01-9
        S. 5540                             2
     1    § 3. Subdivision 2 of section 8-0109 of the environmental conservation
     2  law is amended by adding a new paragraph (h-1) to read as follows:
     3    (h-1)  whether such action may cause or increase a disproportionate or
     4  inequitable or both disproportionate and  inequitable  burden  on  those
     5  minority communities or economically distressed areas or minority commu-
     6  nities  and  economically  distressed areas that are directly or signif-
     7  icantly indirectly affected by the action;
     8    § 4. The opening paragraph of subdivision 4 of section 8-0109  of  the
     9  environmental conservation law, as amended by chapter 219 of the laws of
    10  1990, is amended to read as follows:
    11    As  early  as possible in the formulation of a proposal for an action,
    12  the responsible agency shall make an initial determination as to whether
    13  or not an environmental  impact  statement  need  be  prepared  for  the
    14  action.   In making such determination, the responsible agency or appli-
    15  cant shall  consider  whether  such  action  may  cause  or  increase  a
    16  disproportionate or inequitable or both disproportionate and inequitable
    17  burden on those minority communities or economically distressed areas or
    18  minority communities and economically distressed areas that are directly
    19  or significantly indirectly affected by the action. When an action is to
    20  be  carried  out or approved by two or more agencies, such determination
    21  shall be made as early as possible after the  designation  of  the  lead
    22  agency.
    23    §  5.  The  opening  paragraph  of  paragraph  (b) of subdivision 2 of
    24  section 8-0113 of  the  environmental  conservation  law  is  designated
    25  subparagraph  (i)  and  a  new  subparagraph  (ii)  is  added to read as
    26  follows:
    27    (ii) Such criteria shall include consideration of the extent to  which
    28  a  proposed  action  may  reasonably  be expected to cause or increase a
    29  disproportionate or inequitable or both disproportionate and inequitable
    30  burden on those minority communities or economically distressed areas or
    31  minority communities and economically distressed areas that are directly
    32  or significantly indirectly affected by the action;
    33    § 6. This act shall take effect on the thirtieth day  after  it  shall
    34  have  become  a  law;  provided that section three of this act shall not
    35  apply to any person who has received an initial  determination  pursuant
    36  to subdivision 4 of section 8-0109 of the environmental conservation law
    37  prior  to  such  date and provided further that section five of this act
    38  shall not apply to any determination of significance made prior to  such
    39  date.