senate Bill S692
(D, IP, WF) 35th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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.
- See Assembly Version of this Bill:
- Legislative Cycle:
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd §§1-0303, 8-0109 & 8-0113, En Con L
- Versions Introduced in Previous Legislative Cycles:
2011-2012: S6689, A2546
2009-2010: A4245, S5778, A4245
2007-2008: A1098, A1098
TITLE OF BILL:
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.
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
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
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