senate Bill S5540

2019-2020 Legislative Session

Makes provisions regarding the siting of environmental facilities in minority communities or economically distressed areas

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to environmental conservation
May 06, 2019 referred to environmental conservation

S5540 (ACTIVE) - Details

See Assembly Version of this Bill:
A6016
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 Other Legislative Sessions:
2009-2010: S5778, A4245
2011-2012: S6689, A2546
2013-2014: S692, A542
2015-2016: S3205, A1973
2017-2018: S2953, A7081
2021-2022: S1031, A2103

S5540 (ACTIVE) - Summary

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.

S5540 (ACTIVE) - Sponsor Memo

S5540 (ACTIVE) - Bill Text download pdf


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

                                  5540

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 6, 2019
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- 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.
                                                           LBD05070-01-9

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