Senate Bill S2953

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2953
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced by Sens. STEWART-COUSINS, DILAN, GIANARIS, MONTGOMERY, SERRA-
   NO -- 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.
   § 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.
                                                            LBD02754-01-7
              

 S. 2953                             2
 
   § 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;
   § 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.
   §  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;
   § 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.