assembly Bill A2103D

2021-2022 Legislative Session

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

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Current Bill Status Via S8830 - Passed Senate & Assembly


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 27, 2022 returned to senate
passed assembly
Apr 25, 2022 ordered to third reading rules cal.81
substituted for a2103d
Apr 25, 2022 substituted by s8830
rules report cal.81
reported
reported referred to rules
Apr 22, 2022 print number 2103d
Apr 22, 2022 amend and recommit to environmental conservation
Feb 16, 2022 print number 2103c
Feb 16, 2022 amend and recommit to environmental conservation
Feb 03, 2022 print number 2103b
Feb 03, 2022 amend and recommit to environmental conservation
Jan 05, 2022 referred to environmental conservation
Feb 08, 2021 print number 2103a
Feb 08, 2021 amend and recommit to environmental conservation
Jan 14, 2021 referred to environmental conservation

A2103 - Details

See Senate Version of this Bill:
S8830
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0105, 8-0109, 8-0113 & 70-0107, add §70-0118, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4245
2011-2012: A2546
2013-2014: A542
2015-2016: A1973
2017-2018: A7081
2019-2020: A6016

A2103 - Summary

Makes various provisions regulating equitable siting of environmental facilities; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on disadvantaged communities.

A2103 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2103
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 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.
   §  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.
   § 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.

Co-Sponsors

view additional co-sponsors

A2103A - Details

See Senate Version of this Bill:
S8830
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0105, 8-0109, 8-0113 & 70-0107, add §70-0118, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4245
2011-2012: A2546
2013-2014: A542
2015-2016: A1973
2017-2018: A7081
2019-2020: A6016

A2103A - Summary

Makes various provisions regulating equitable siting of environmental facilities; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on disadvantaged communities.

A2103A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2103--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee  on  Environmental  Conservation  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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 8-0105 of the environmental conservation law is amended
 by adding five new subdivisions 9,  10,  11,  12,  and  13  to  read  as
 follows:
   9.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY BEARING A DISPROPORTIONATE OR INEQUITA-
 BLE POLLUTION BURDEN AND INCLUDES, BUT IS NOT LIMITED TO,  ENVIRONMENTAL
 JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   10. "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.

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

Co-Sponsors

view additional co-sponsors

A2103B - Details

See Senate Version of this Bill:
S8830
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0105, 8-0109, 8-0113 & 70-0107, add §70-0118, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4245
2011-2012: A2546
2013-2014: A542
2015-2016: A1973
2017-2018: A7081
2019-2020: A6016

A2103B - Summary

Makes various provisions regulating equitable siting of environmental facilities; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on disadvantaged communities.

A2103B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2103--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW, LAVINE, THIELE, ANDERSON, REYES, SIMON,
   L. ROSENTHAL, GOTTFRIED, GLICK, SEPTIMO, NIOU, ZINERMAN --  read  once
   and referred to the Committee on Environmental Conservation -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- recommitted to the Committee  on  Environ-
   mental  Conservation  in  accordance  with  Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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 8-0105 of the environmental conservation law  is  amended
 by  adding  five  new  subdivisions  9,  10,  11,  12, and 13 to read as
 follows:
   9.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY BEARING A DISPROPORTIONATE OR INEQUITA-
 BLE  POLLUTION BURDEN AND INCLUDES, BUT IS NOT LIMITED TO, ENVIRONMENTAL
 JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00519-08-2

Co-Sponsors

view additional co-sponsors

A2103C - Details

See Senate Version of this Bill:
S8830
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0105, 8-0109, 8-0113 & 70-0107, add §70-0118, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4245
2011-2012: A2546
2013-2014: A542
2015-2016: A1973
2017-2018: A7081
2019-2020: A6016

A2103C - Summary

Makes various provisions regulating equitable siting of environmental facilities; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on disadvantaged communities.

A2103C - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2103--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW, LAVINE, THIELE, ANDERSON, REYES, SIMON,
   L. ROSENTHAL,  GOTTFRIED,  GLICK,  SEPTIMO,  NIOU,  ZINERMAN,  TAYLOR,
   RAMOS,  HUNTER,  STIRPE,  BURGOS,  HEVESI,  SOLAGES  --  read once and
   referred to the Committee on Environmental Conservation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted to the Committee on Environmental
   Conservation in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 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 8-0105 of the environmental conservation law is amended
 by adding six new subdivisions 9, 10, 11, 12,  13  and  14  to  read  as
 follows:
   9.  "ENVIRONMENTAL  JUSTICE  COMMUNITY"  SHALL  MEAN  AN  ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY BEARING A DISPROPORTIONATE OR INEQUITA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00519-10-2

Co-Sponsors

view additional co-sponsors

A2103D (ACTIVE) - Details

See Senate Version of this Bill:
S8830
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0105, 8-0109, 8-0113 & 70-0107, add §70-0118, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4245
2011-2012: A2546
2013-2014: A542
2015-2016: A1973
2017-2018: A7081
2019-2020: A6016

A2103D (ACTIVE) - Summary

Makes various provisions regulating equitable siting of environmental facilities; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on disadvantaged communities.

A2103D (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2103--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW, LAVINE, THIELE, ANDERSON, REYES, SIMON,
   L. ROSENTHAL,  GOTTFRIED,  GLICK,  SEPTIMO,  NIOU,  ZINERMAN,  TAYLOR,
   RAMOS,  HUNTER,  STIRPE,  BURGOS,  HEVESI,  SOLAGES, COLTON, JACOBSON,
   QUART, MAMDANI, EPSTEIN,  GONZALEZ-ROJAS,  LUPARDO,  DICKENS,  WALKER,
   SAYEGH,  MITAYNES, BURDICK, ABINANTI, FORREST, JEAN-PIERRE, FERNANDEZ,
   AUBRY, DAVILA, GIBBS, LUNSFORD, CUNNINGHAM -- read once  and  referred
   to   the   Committee   on   Environmental  Conservation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to  the  Committee  on  Environmental
   Conservation  in  accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments,  ordered reprinted as amended and recommitted to said committee
   --  again  reported  from  said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00519-12-2