A02103 Summary:

BILL NOA02103
 
SAME ASSAME AS S01031
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd 1-0303, 8-0109 & 8-0113, En Con L
 
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.
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A02103 Actions:

BILL NOA02103
 
01/14/2021referred to environmental conservation
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A02103 Committee Votes:

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A02103 Floor Votes:

There are no votes for this bill in this legislative session.
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A02103 Memo:

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.
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A02103 Text:



 
                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.
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A02103 LFIN:

 NO LFIN
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A02103 Chamber Video/Transcript:

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