S T A T E O F N E W Y O R K
________________________________________________________________________
1973
2015-2016 Regular Sessions
I N A S S E M B L Y
January 13, 2015
___________
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:
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.
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02557-01-5
A. 1973 2
(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.