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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2103
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
location of environmental facilities
PURPOSE OR GENERAL IDEA:
The purpose of the bill is to make provision regarding location of envi-
ronmental facilities.
SUMMARY OF SPECIFIC PROVISIONS:
The bill would address the issue of environmental 'equity by:
- Requiring the Department of Environmental Conservation to modify its
permitting process, monitoring and enforcement standards to address high
concentrations of environmental facilities in racial minority and
economically distressed communities.
- Requiring all agencies and applicants who plan to construct and/or
manage environmental facilities in racial minority and economically
distressed communities to submit an economic development plan, to deter-
mine whether such action may cause or increase a disproportionate and/or
inequitable burden on those minority communities and/or economically
distressed areas that are directly or significantly indirectly affected
by the action.
JUSTIFICATION:
There has been an inequitable pattern in the siting of environmental
facilities in minority and economically distressed communities, which
have borne a disproportionate and inequitable share of such facilities.
This bill would require the state to factor in disproportionate or
inequitable burdens on minority communities or economically distressed
areas under the State Environmental Quality Review Act.
PRIOR LEGISLATIVE HISTORY:
A 542 Advanced to third reading cal.530
A.7140 (1994),
A.192-B (1995-96),
A.1621 (1997-98),
A.961-A (1999-2000).
A.471 (2001-02),
A.5938-A, passed Assembly (2003-04),
A.1808(2005-2005).
A.1098 (2007-2008).
A.4245 (2010) Passed Assembly,
A.2546 (2012) Passed Assembly
A7081 01/03/18 referred to environmental conservation
S2953 01/03/18 REFERRED TO ENVIRONMENTAL CONSERVATION
A6016 2019-2020 Referred to environmental conservation
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the 30th day after it shall have become
law; provided that section three of this act shall not apply to any
person who has received an initial determination pursuant to subdivision
4 of section 8-0109 of the environmental conservation law prior to such
date and provided further that section five of this act shall not apply
to any determination of significance made prior to such date.
STATE OF NEW YORK
________________________________________________________________________
2103
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee 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.
24 § 3. Subdivision 2 of section 8-0109 of the environmental conservation
25 law is amended by adding a new paragraph (h-1) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00519-01-1
A. 2103 2
1 (h-1) whether such action may cause or increase a disproportionate or
2 inequitable or both disproportionate and inequitable burden on those
3 minority communities or economically distressed areas or minority commu-
4 nities and economically distressed areas that are directly or signif-
5 icantly indirectly affected by the action;
6 § 4. The opening paragraph of subdivision 4 of section 8-0109 of the
7 environmental conservation law, as amended by chapter 219 of the laws of
8 1990, is amended to read as follows:
9 As early as possible in the formulation of a proposal for an action,
10 the responsible agency shall make an initial determination as to whether
11 or not an environmental impact statement need be prepared for the
12 action. In making such determination, the responsible agency or appli-
13 cant shall consider whether such action may cause or increase a
14 disproportionate or inequitable or both disproportionate and inequitable
15 burden on those minority communities or economically distressed areas or
16 minority communities and economically distressed areas that are directly
17 or significantly indirectly affected by the action. When an action is to
18 be carried out or approved by two or more agencies, such determination
19 shall be made as early as possible after the designation of the lead
20 agency.
21 § 5. The opening paragraph of paragraph (b) of subdivision 2 of
22 section 8-0113 of the environmental conservation law is designated
23 subparagraph (i) and a new subparagraph (ii) is added to read as
24 follows:
25 (ii) Such criteria shall include consideration of the extent to which
26 a proposed action may reasonably be expected to cause or increase a
27 disproportionate or inequitable or both disproportionate and inequitable
28 burden on those minority communities or economically distressed areas or
29 minority communities and economically distressed areas that are directly
30 or significantly indirectly affected by the action;
31 § 6. This act shall take effect on the thirtieth day after it shall
32 have become a law; provided that section three of this act shall not
33 apply to any person who has received an initial determination pursuant
34 to subdivision 4 of section 8-0109 of the environmental conservation law
35 prior to such date and provided further that section five of this act
36 shall not apply to any determination of significance made prior to such
37 date.
