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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S692-2013 Actions

• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S692-2013 Memo

BILL NUMBER:S692

TITLE OF BILL:

An act
to amend the environmental conservation law,
in relation to the location of environmental facilities

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to make provision regarding equitable
siting of environmental facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill sets for the legislative intent of addressing
the issue of environmental in equity.

Section 2 of the bill amends Section 1-0303 of the Environmental
Conservation law by adding three new subdivisions to define:
Economically distressed area; minority community; and Ethnic group.

Section 3 of the bill amends subdivision 2 of Section 8-0109 of the
Environmental Conservation Law by adding a new paragraph (h-l) to
require the Department of Environmental Conservation to modify its
permitting, monitoring and enforcement standards to address high
concentrations of environmental facilities in racial minority and
economically distressed communities.

Sections 4 and 5 require 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 determine 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.

Section 6 of the bill is the effective date.

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:

New bill - 2012
2012     - S.6689 - Died - Environmental Conservation

FISCAL IMPLICATIONS:.


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.

S692-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     692

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sens. STEWART-COUSINS, DILAN, GIANARIS, MONTGOMERY, PARKER
    -- 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:


    Section 1. Legislative intent. The legislature finds and declares that
  each community in the state should equitably share the responsibilities,
  burdens,  and benefits of managing and solving the state's environmental
  problems and the facilities  necessary  to  accomplish  such  ends.  The
  legislature  further declares that there has been an inequitable pattern
  in the siting of environmental facilities in minority  and  economically
  distressed  communities, which have borne a disproportionate and inequi-
  table share of  such  facilities.  Consistent  with  its  commitment  to
  providing equal justice for its citizens, the state has a responsibility
  to  establish  requirements  for  the consideration of such decisions by
  state and local governments in order to insure equality of treatment for
  all communities.
    S 2. Section 1-0303 of the environmental conservation law  is  amended
  by adding three new subdivisions 26, 27, and 28 to read as follows:

    26. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED BY
  A POVERTY RATE OF AT LEAST TWENTY PERCENT; OR AN UNEMPLOYMENT RATE OF AT
  LEAST  ONE  HUNDRED  TWENTY-FIVE  PERCENT  OF THE STATEWIDE UNEMPLOYMENT
  RATE.
    27. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS  TRACT  OR  SUBDIVISION
  THEREOF THAT INCLUDES TWENTY-FIVE PERCENT OR MORE OF ANY ETHNIC GROUP.
    28.  "ETHNIC  GROUP"  SHALL  MEAN THOSE GROUPS IDENTIFIED IN THE DEFI-
  NITION OF MINORITY GROUP MEMBER PURSUANT TO SUBDIVISION EIGHT OF SECTION
  THREE HUNDRED TEN OF THE EXECUTIVE LAW.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01294-01-3

 S. 692                              2

    S 3. Subdivision 2 of section 8-0109 of the environmental conservation
  law is amended by adding a new paragraph (h-1) to read as follows:

    (H-1)  WHETHER SUCH ACTION MAY CAUSE OR INCREASE A DISPROPORTIONATE OR
  INEQUITABLE OR BOTH DISPROPORTIONATE AND  INEQUITABLE  BURDEN  ON  THOSE
  MINORITY COMMUNITIES OR ECONOMICALLY DISTRESSED AREAS OR MINORITY COMMU-
  NITIES  AND  ECONOMICALLY  DISTRESSED AREAS THAT ARE DIRECTLY OR SIGNIF-
  ICANTLY INDIRECTLY AFFECTED BY THE ACTION;
    S 4. The opening paragraph of subdivision 4 of section 8-0109  of  the
  environmental conservation law, as amended by chapter 219 of the laws of
  1990, is amended to read as follows:

    As  early  as possible in the formulation of a proposal for an action,
  the responsible agency shall make an initial determination AS TO whether
  OR NOT an environmental  impact  statement  need  be  prepared  for  the
  action.   IN MAKING SUCH DETERMINATION, THE RESPONSIBLE AGENCY OR APPLI-
  CANT SHALL  CONSIDER  WHETHER  SUCH  ACTION  MAY  CAUSE  OR  INCREASE  A
  DISPROPORTIONATE OR INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE
  BURDEN ON THOSE MINORITY COMMUNITIES OR ECONOMICALLY DISTRESSED AREAS OR
  MINORITY COMMUNITIES AND ECONOMICALLY DISTRESSED AREAS THAT ARE DIRECTLY
  OR SIGNIFICANTLY INDIRECTLY AFFECTED BY THE ACTION. When an action is to
  be  carried  out or approved by two or more agencies, such determination
  shall be made as early as possible after the  designation  of  the  lead
  agency.
    S  5.  The  opening  paragraph  of  paragraph  (b) of subdivision 2 of
  section 8-0113 of  the  environmental  conservation  law  is  designated
  subparagraph  (i)  and  a  new  subparagraph  (ii)  is  added to read as
  follows:

    (II) SUCH CRITERIA SHALL INCLUDE CONSIDERATION OF THE EXTENT TO  WHICH
  A  PROPOSED  ACTION  MAY  REASONABLY  BE EXPECTED TO CAUSE OR INCREASE A
  DISPROPORTIONATE OR INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE
  BURDEN ON THOSE MINORITY COMMUNITIES OR ECONOMICALLY DISTRESSED AREAS OR
  MINORITY COMMUNITIES AND ECONOMICALLY DISTRESSED AREAS THAT ARE DIRECTLY
  OR SIGNIFICANTLY INDIRECTLY AFFECTED BY THE ACTION;
    S 6. This act shall take effect on the thirtieth day  after  it  shall
  have  become  a  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.