NY State Senate Bill S1031C

Archive: Last Bill Status - In Senate Committee Rules 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 (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Mar 30, 2022	advanced to third reading
Mar 29, 2022	2nd report cal.
Mar 28, 2022	1st report cal.732
Mar 01, 2022	print number 1031c
Mar 01, 2022	amend and recommit to environmental conservation
Jan 05, 2022	referred to environmental conservation returned to senate died in assembly
Mar 03, 2021	referred to environmental conservation delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.334
Feb 04, 2021	print number 1031b
Feb 04, 2021	amend and recommit to environmental conservation print number 1031a
Feb 04, 2021	amend and recommit to environmental conservation
Jan 06, 2021	referred to environmental conservation

Votes

view votes

Mar 28, 2022 - Environmental Conservation committee Vote

S1031C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 3, 2021 - floor Vote

S1031B

floor

Aye

Nay

Absent

Excused

Abstained

Feb 9, 2021 - Environmental Conservation committee Vote

S1031

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

S1031 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§8-0105, 8-0109 & 8-0113, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5778
2011-2012: S6689
2013-2014: S692
2015-2016: S3205
2017-2018: S2953
2019-2020: S5540

S1031 - Summary

Makes various provisions regulating the location of environmental facilities to insure equity of treatment for minority communities or economically distressed areas or disadvantaged communities; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on such areas.

S1031 - Sponsor Memo

 
BILL NUMBER: S1031

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act 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 forth the legislative intent of addressing
the issue of environmental equity.

Section 2 of the bill amends Section 1-0303 of the Environmental Conser-
vation 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-1) to
require the Department of Environmental Conservation to modify its
permitting, monitoring and enforcement standards to address high concen-
trations 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.

 
JUSTIFICATION:

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 ineq-
uitable burdens on minority communities or economically distressed areas
under the State Environmental Quality Review Act.

 
PRIOR LEGISLATIVE HISTORY:

New bill - 2012 - S6689 - Died Environmental Conservation
2013-14 - S692 - Died - Environmental Conservation
2015-16 - S3205 - Died - Environmental Conservation
2017 - 18 - S2953 - Died - Environmental Conservation
2019-20 - S5540 - Died - Environmental Conservation

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
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 such date.

S1031 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1031
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 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.
                                                            LBD00519-01-1

 S. 1031                             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.

S1031A - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§8-0105, 8-0109 & 8-0113, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5778
2011-2012: S6689
2013-2014: S692
2015-2016: S3205
2017-2018: S2953
2019-2020: S5540

S1031A - Summary

S1031A - Sponsor Memo

 
BILL NUMBER: S1031A

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act 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 forth the legislative intent of addressing
the issue of environmental equity.

Section 2 of the bill amends Section 1-0303 of the Environmental Conser-
vation 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-1) to
require the Department of Environmental Conservation to modify its
permitting, monitoring and enforcement standards to address high concen-
trations 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.

 
JUSTIFICATION:

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 ineq-
uitable burdens on minority communities or economically distressed areas
under the State Environmental Quality Review Act.

 
PRIOR LEGISLATIVE HISTORY:

New bill - 2012 - S6689 - Died Environmental Conservation

2013-14 - S692 - Died - Environmental Conservation

2015-16 - S3205 - Died - Environmental Conservation

2017 - 18 - S2953 - Died - Environmental Conservation

2019-20 - S5540 - Died - Environmental Conservation
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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 such date.

S1031A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1031--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  -- 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.
   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.

                                                            LBD00519-02-1

 S. 1031--A                          2
 
   11. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK, OR
 CENSUS BLOCK GROUP THAT INCLUDES TWENTY-FIVE  PERCENT  OR  MORE  OF  ANY
 ETHNIC GROUP.
   12.  "ETHNIC  GROUP"  SHALL  MEAN THOSE GROUPS IDENTIFIED IN THE DEFI-
 NITION OF MINORITY GROUP MEMBER IN SUBDIVISION EIGHT  OF  SECTION  THREE
 HUNDRED TEN OF THE EXECUTIVE LAW.
   13.  "EXISTING BURDEN REPORT" SHALL MEAN THE REPORT REQUIRED BY SUBDI-
 VISION FOUR OF SECTION 8-0109 OF THIS ARTICLE  DESCRIBING  THE  EXISTING
 POLLUTION BURDEN IN AN ENVIRONMENTAL JUSTICE COMMUNITY.
   § 3. Subdivision 2 of section 8-0109 of the environmental conservation
 law,  as  amended  by  chapter 219 of the laws of 1990, paragraph (h) as
 amended by chapter 519 of the laws of 1992, paragraph (i)  as  added  by
 chapter 182 of the laws of 1990, and paragraph (i) as amended by chapter
 238 of the laws of 1991, is amended to read as follows:
   2.  All agencies (or applicant as hereinafter provided) shall prepare,
 or cause to be prepared by contract or otherwise an environmental impact
 statement on any action they propose or approve which may have a signif-
 icant effect on the  environment.  Such  a  statement  shall  include  a
 detailed statement setting forth the following:
   (a)  a  description  of  the  proposed  action  and  its environmental
 setting;
   (b) the environmental impact of the proposed action  including  short-
 term and long-term effects;
   (c)  any  adverse environmental effects which cannot be avoided should
 the proposal be implemented;
   (d) alternatives to the proposed action;
   (e) any irreversible and irretrievable commitments of resources  which
 would be involved in the proposed action should it be implemented;
   (f) mitigation measures proposed to minimize the environmental impact;
   (g) the growth-inducing aspects of the proposed action, where applica-
 ble and significant;
   (h)  effects  of  the  proposed  action on the use and conservation of
 energy resources, where applicable and significant, provided that in the
 case of an electric generating facility, the statement shall  include  a
 demonstration that the facility will satisfy electric generating capaci-
 ty needs or other electric systems needs in a manner reasonably consist-
 ent  with  the  most recent state energy plan AND THE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT;
   (i) effects of proposed action on solid waste management where  appli-
 cable and significant; [and
   (i)]  (J) effects of any proposed action on, and its consistency with,
 the comprehensive management plan of the special groundwater  protection
 area  program,  as  implemented  by the commissioner pursuant to article
 fifty-five of this chapter; [and
   (j)] (K) EFFECTS OF  ANY  PROPOSED  ACTION  ON  ENVIRONMENTAL  JUSTICE
 COMMUNITIES,  INCLUDING  WHETHER  THE ACTION MAY CAUSE OR CONTRIBUTE TO,
 EITHER DIRECTLY OR INDIRECTLY, A DISPROPORTIONATE OR INEQUITABLE OR BOTH
 DISPROPORTIONATE AND INEQUITABLE POLLUTION BURDEN  ON  AN  ENVIRONMENTAL
 JUSTICE COMMUNITY; AND
   (L)  such other information consistent with the purposes of this arti-
 cle as may be prescribed in guidelines issued by the commissioner pursu-
 ant to section 8-0113 of this chapter.
   Such a statement shall  also  include  copies  or  a  summary  of  the
 substantive comments received by the agency pursuant to subdivision four
 of  this  section, and the agency response to such comments. The purpose
 of an environmental impact statement is to provide detailed  information

 S. 1031--A                          3

 about  the effect which a proposed action is likely to have on the envi-
 ronment, to list ways in which any adverse effects  of  such  an  action
 might  be minimized, and to suggest alternatives to such an action so as
 to  form the basis for a decision whether or not to undertake or approve
 such action. Such statement should  be  clearly  written  in  a  concise
 manner  capable  of being read and understood by the public, should deal
 with the specific significant environmental impacts which can be reason-
 ably anticipated and should not contain more detail than is  appropriate
 considering  the  nature  and  magnitude  of the proposed action and the
 significance of its potential impacts.
   § 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 FOR ANY PROPOSED ACTION THAT IS
 NOT A MINOR PROJECT AS DEFINED IN SUBDIVISION THREE OF  SECTION  70-0105
 OF  THIS  CHAPTER AND THAT MAY DIRECTLY OR INDIRECTLY AFFECT AN ENVIRON-
 MENTAL JUSTICE COMMUNITY, THE RESPONSIBLE AGENCY SHALL PREPARE OR  CAUSE
 TO  BE PREPARED AN EXISTING BURDEN REPORT AND SHALL CONSIDER SUCH REPORT
 IN DETERMINING WHETHER SUCH ACTION MAY CAUSE OR  CONTRIBUTE  TO,  EITHER
 DIRECTLY  OR  INDIRECTLY,  A  DISPROPORTIONATE  OR  INEQUITABLE  OR BOTH
 DISPROPORTIONATE AND INEQUITABLE POLLUTION BURDEN  ON  AN  ENVIRONMENTAL
 JUSTICE  COMMUNITY.  THE  EXISTING  BURDEN REPORT SHALL INCLUDE BASELINE
 MONITORING DATA COLLECTED IN THE AFFECTED ENVIRONMENTAL JUSTICE COMMUNI-
 TY WITHIN TWO YEARS OF THE APPLICATION FOR A PERMIT OR  APPROVAL;  SHALL
 IDENTIFY EACH EXISTING POLLUTION SOURCE OR CATEGORIES OF SOURCES AFFECT-
 ING  THE  COMMUNITY  AND  THE  POTENTIAL  ROUTES  OF  HUMAN  EXPOSURE TO
 POLLUTION FROM THAT SOURCE OR CATEGORIES OF SOURCES;  THE  POTENTIAL  OR
 DOCUMENTED  CUMULATIVE  HUMAN  HEALTH EFFECTS OF SUCH POLLUTION; AND THE
 POTENTIAL OR PROJECTED CONTRIBUTION OF THE PROPOSED ACTION  TO  EXISTING
 POLLUTION  BURDENS IN THE COMMUNITY AND POTENTIAL HEALTH EFFECTS OF SUCH
 CONTRIBUTION, TAKING INTO ACCOUNT EXISTING POLLUTION  BURDENS.  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. Subdivision 8 of section 8-0109 of the environmental conservation
 law,  as  amended by chapter 252 of the laws of 1977, is amended to read
 as follows:
   8. When an agency decides to carry out or approve an action which  has
 been  the subject of an environmental impact statement, it shall make an
 explicit finding that the requirements of this section have been met and
 that consistent with social,  economic  and  other  essential  consider-
 ations, to the maximum extent practicable, adverse environmental effects
 revealed in the environmental impact statement process will be minimized
 or  avoided.  NO ACTION SHALL BE CARRIED OUT OR APPROVED IF IT MAY CAUSE
 OR CONTRIBUTE TO, EITHER DIRECTLY OR INDIRECTLY, A  DISPROPORTIONATE  OR
 INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE POLLUTION BURDEN ON
 AN ENVIRONMENTAL JUSTICE COMMUNITY.
   §  6.    Subparagraph (i) of paragraph (c) of subdivision 2 of section
 8-0113 of the environmental conservation law, as added by chapter 612 of
 the laws of 1975, is amended to read as follows:
   (i) Actions or classes of actions that are likely to require  prepara-
 tion  of  environmental  impact  statements,  INCLUDING ACTION WHICH MAY
 CAUSE OR CONTRIBUTE TO, EITHER  DIRECTLY  OR  INDIRECTLY,  A  DISPROPOR-

 S. 1031--A                          4

 TIONATE   OR   INEQUITABLE  OR  BOTH  DISPROPORTIONATE  AND  INEQUITABLE
 POLLUTION BURDEN ON AN ENVIRONMENTAL JUSTICE COMMUNITY;
   § 7. Subdivision 2 of section 8-0113 of the environmental conservation
 law is amended by adding a new paragraph (m) to read as follows:
   (M)  THE FORM AND CONTENT OF AN EXISTING BURDEN REPORT WHICH SHALL, AT
 THE MINIMUM, INCLUDE BASELINE MONITORING DATA COLLECTED IN THE  AFFECTED
 ENVIRONMENTAL  JUSTICE COMMUNITY WITHIN TWO YEARS OF THE APPLICATION FOR
 A PERMIT OR APPROVAL AND SHALL IDENTIFY:  (I)  EACH  EXISTING  POLLUTION
 SOURCE  OR  CATEGORIES  OF  SOURCES  AFFECTING  AN ENVIRONMENTAL JUSTICE
 COMMUNITY AND THE POTENTIAL ROUTES OF HUMAN EXPOSURE TO  POLLUTION  FROM
 THAT  SOURCE  OR  CATEGORIES  OF  SOURCES; (II) AMBIENT CONCENTRATION OF
 REGULATED AIR POLLUTANTS AND REGULATED OR UNREGULATED TOXIC  AIR  POLLU-
 TANTS; (III) TRAFFIC VOLUME; (IV) NOISE AND ODOR LEVELS; (V) EXPOSURE OR
 POTENTIAL EXPOSURE TO LEAD PAINT; (VI) EXPOSURE OR POTENTIAL EXPOSURE TO
 CONTAMINATED  DRINKING  WATER  SUPPLIES;  (VII)  PROXIMITY  TO  SOLID OR
 HAZARDOUS WASTE  MANAGEMENT  FACILITIES,  WASTEWATER  TREATMENT  PLANTS,
 HAZARDOUS WASTE SITES, AND PETROLEUM OR CHEMICAL MANUFACTURING, STORAGE,
 TREATMENT  OR  DISPOSAL  FACILITIES;  (VIII) THE POTENTIAL OR DOCUMENTED
 CUMULATIVE HUMAN HEALTH EFFECTS OF THE FOREGOING POLLUTION SOURCES; (IX)
 THE POTENTIAL OR PROJECTED CONTRIBUTION OF THE PROPOSED ACTION TO EXIST-
 ING POLLUTION BURDENS IN THE COMMUNITY AND POTENTIAL HEALTH  EFFECTS  OF
 SUCH CONTRIBUTION, TAKING INTO ACCOUNT EXISTING POLLUTION BURDENS.
   §  8.  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  six  of  this  act
 shall  not apply to any determination of significance made prior to such
 date.

Co-Sponsors

view additional co-sponsors

S1031B - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§8-0105, 8-0109 & 8-0113, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5778
2011-2012: S6689
2013-2014: S692
2015-2016: S3205
2017-2018: S2953
2019-2020: S5540

S1031B - Summary

S1031B - Sponsor Memo

 
BILL NUMBER: S1031B

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act 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 forth the legislative intent of addressing
the issue of environmental equity.

Section 2 of the bill amends Section 1-0303 of the Environmental Conser-
vation 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-1) to
require the Department of Environmental Conservation to modify its
permitting, monitoring and enforcement standards to address high concen-
trations 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.

 
JUSTIFICATION:

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 ineq-
uitable burdens on minority communities or economically distressed areas
under the State Environmental Quality Review Act.

 
PRIOR LEGISLATIVE HISTORY:

New bill - 2012 - S6689 - Died Environmental Conservation

2013-14 - 5692 - Died - Environmental Conservation

2015-16 - 53205 - Died - Environmental Conservation

2017-18 - 52953 - Died - Environmental Conservation

2019-20 - 55540 - Died - Environmental Conservation
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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 such date.

S1031B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1031--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee -- 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.
   10. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED BY
 A POVERTY RATE OF AT LEAST TWENTY PERCENT; OR AN UNEMPLOYMENT RATE OF AT

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

                                                            LBD00519-04-1

 S. 1031--B                          2
 
 LEAST  ONE  HUNDRED  TWENTY-FIVE  PERCENT  OF THE STATEWIDE UNEMPLOYMENT
 RATE.
   11. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK, OR
 CENSUS  BLOCK  GROUP  THAT  INCLUDES  TWENTY-FIVE PERCENT OR MORE OF ANY
 ETHNIC GROUP.
   12. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS  IDENTIFIED  IN  THE  DEFI-
 NITION  OF  MINORITY  GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION THREE
 HUNDRED TEN OF THE EXECUTIVE LAW.
   13. "EXISTING BURDEN REPORT" SHALL MEAN THE REPORT REQUIRED BY  SUBDI-
 VISION  FOUR  OF  SECTION 8-0109 OF THIS ARTICLE DESCRIBING THE EXISTING
 POLLUTION BURDEN IN AN ENVIRONMENTAL JUSTICE COMMUNITY.
   § 3. Subdivision 2 of section 8-0109 of the environmental conservation
 law, as amended by chapter 219 of the laws of  1990,  paragraph  (h)  as
 amended  by  chapter  519 of the laws of 1992, paragraph (i) as added by
 chapter 182 of the laws of 1990, and paragraph (i) as amended by chapter
 238 of the laws of 1991, is amended to read as follows:
   2. All agencies (or applicant as hereinafter provided) shall  prepare,
 or cause to be prepared by contract or otherwise an environmental impact
 statement on any action they propose or approve which may have a signif-
 icant  effect  on  the  environment.  Such  a  statement shall include a
 detailed statement setting forth the following:
   (a) a  description  of  the  proposed  action  and  its  environmental
 setting;
   (b)  the  environmental impact of the proposed action including short-
 term and long-term effects;
   (c) any adverse environmental effects which cannot be  avoided  should
 the proposal be implemented;
   (d) alternatives to the proposed action;
   (e)  any irreversible and irretrievable commitments of resources which
 would be involved in the proposed action should it be implemented;
   (f) mitigation measures proposed to minimize the environmental impact;
   (g) the growth-inducing aspects of the proposed action, where applica-
 ble and significant;
   (h) effects of the proposed action on  the  use  and  conservation  of
 energy resources, where applicable and significant, provided that in the
 case  of  an electric generating facility, the statement shall include a
 demonstration that the facility will satisfy electric generating capaci-
 ty needs or other electric systems needs in a manner reasonably consist-
 ent with the most recent state energy plan AND  THE  CLIMATE  LEADERSHIP
 AND COMMUNITY PROTECTION ACT;
   (i)  effects of proposed action on solid waste management where appli-
 cable and significant; [and
   (i)] (J) effects of any proposed action on, and its consistency  with,
 the  comprehensive management plan of the special groundwater protection
 area program, as implemented by the  commissioner  pursuant  to  article
 fifty-five of this chapter; [and
   (j)]  (K)  EFFECTS  OF  ANY  PROPOSED  ACTION ON ENVIRONMENTAL JUSTICE
 COMMUNITIES, INCLUDING WHETHER THE ACTION MAY CAUSE  OR  CONTRIBUTE  TO,
 EITHER DIRECTLY OR INDIRECTLY, A DISPROPORTIONATE OR INEQUITABLE OR BOTH
 DISPROPORTIONATE  AND  INEQUITABLE  POLLUTION BURDEN ON AN ENVIRONMENTAL
 JUSTICE COMMUNITY; AND
   (L) such other information consistent with the purposes of this  arti-
 cle as may be prescribed in guidelines issued by the commissioner pursu-
 ant to section 8-0113 of this chapter.
   Such  a  statement  shall  also  include  copies  or  a summary of the
 substantive comments received by the agency pursuant to subdivision four

 S. 1031--B                          3
 
 of this section, and the agency response to such comments.  The  purpose
 of  an environmental impact statement is to provide detailed information
 about the effect which a proposed action is likely to have on the  envi-
 ronment,  to  list  ways  in which any adverse effects of such an action
 might be minimized, and to suggest alternatives to such an action so  as
 to  form the basis for a decision whether or not to undertake or approve
 such action. Such statement should  be  clearly  written  in  a  concise
 manner  capable  of being read and understood by the public, should deal
 with the specific significant environmental impacts which can be reason-
 ably anticipated and should not contain more detail than is  appropriate
 considering  the  nature  and  magnitude  of the proposed action and the
 significance of its potential impacts.
   § 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 FOR ANY PROPOSED ACTION THAT IS
 NOT A MINOR PROJECT AS DEFINED IN SUBDIVISION THREE OF  SECTION  70-0105
 OF  THIS  CHAPTER AND THAT MAY DIRECTLY OR INDIRECTLY AFFECT AN ENVIRON-
 MENTAL JUSTICE COMMUNITY, THE RESPONSIBLE AGENCY SHALL PREPARE OR  CAUSE
 TO  BE PREPARED AN EXISTING BURDEN REPORT AND SHALL CONSIDER SUCH REPORT
 IN DETERMINING WHETHER SUCH ACTION MAY CAUSE OR  CONTRIBUTE  TO,  EITHER
 DIRECTLY  OR  INDIRECTLY,  A  DISPROPORTIONATE  OR  INEQUITABLE  OR BOTH
 DISPROPORTIONATE AND INEQUITABLE POLLUTION BURDEN  ON  AN  ENVIRONMENTAL
 JUSTICE  COMMUNITY.  THE  EXISTING  BURDEN REPORT SHALL INCLUDE BASELINE
 MONITORING DATA COLLECTED IN THE AFFECTED ENVIRONMENTAL JUSTICE COMMUNI-
 TY WITHIN TWO YEARS OF THE APPLICATION FOR A PERMIT OR  APPROVAL;  SHALL
 IDENTIFY EACH EXISTING POLLUTION SOURCE OR CATEGORIES OF SOURCES AFFECT-
 ING  THE  COMMUNITY  AND  THE  POTENTIAL  ROUTES  OF  HUMAN  EXPOSURE TO
 POLLUTION FROM THAT SOURCE OR CATEGORIES OF SOURCES;  THE  POTENTIAL  OR
 DOCUMENTED  CUMULATIVE  HUMAN  HEALTH EFFECTS OF SUCH POLLUTION; AND THE
 POTENTIAL OR PROJECTED CONTRIBUTION OF THE PROPOSED ACTION  TO  EXISTING
 POLLUTION  BURDENS IN THE COMMUNITY AND POTENTIAL HEALTH EFFECTS OF SUCH
 CONTRIBUTION, TAKING INTO ACCOUNT EXISTING POLLUTION  BURDENS.  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. Subdivision 8 of section 8-0109 of the environmental conservation
 law,  as  amended by chapter 252 of the laws of 1977, is amended to read
 as follows:
   8. When an agency decides to carry out or approve an action which  has
 been  the subject of an environmental impact statement, it shall make an
 explicit finding that the requirements of this section have been met and
 that consistent with social,  economic  and  other  essential  consider-
 ations, to the maximum extent practicable, adverse environmental effects
 revealed in the environmental impact statement process will be minimized
 or  avoided.  NO ACTION SHALL BE CARRIED OUT OR APPROVED IF IT MAY CAUSE
 OR CONTRIBUTE TO, EITHER DIRECTLY OR INDIRECTLY, A  DISPROPORTIONATE  OR
 INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE POLLUTION BURDEN ON
 AN ENVIRONMENTAL JUSTICE COMMUNITY.
   §  6.    Subparagraph (i) of paragraph (c) of subdivision 2 of section
 8-0113 of the environmental conservation law, as added by chapter 612 of
 the laws of 1975, is amended to read as follows:

 S. 1031--B                          4
 
   (i) Actions or classes of actions that are likely to require  prepara-
 tion  of  environmental  impact  statements, INCLUDING ACTIONS WHICH MAY
 CAUSE OR CONTRIBUTE TO, EITHER  DIRECTLY  OR  INDIRECTLY,  A  DISPROPOR-
 TIONATE   OR   INEQUITABLE  OR  BOTH  DISPROPORTIONATE  AND  INEQUITABLE
 POLLUTION BURDEN ON AN ENVIRONMENTAL JUSTICE COMMUNITY;
   § 7. Subdivision 2 of section 8-0113 of the environmental conservation
 law is amended by adding a new paragraph (m) to read as follows:
   (M)  THE FORM AND CONTENT OF AN EXISTING BURDEN REPORT WHICH SHALL, AT
 THE MINIMUM, INCLUDE BASELINE MONITORING DATA COLLECTED IN THE  AFFECTED
 ENVIRONMENTAL  JUSTICE COMMUNITY WITHIN TWO YEARS OF THE APPLICATION FOR
 A PERMIT OR APPROVAL AND SHALL IDENTIFY:  (I)  EACH  EXISTING  POLLUTION
 SOURCE  OR  CATEGORIES  OF  SOURCES  AFFECTING  AN ENVIRONMENTAL JUSTICE
 COMMUNITY AND THE POTENTIAL ROUTES OF HUMAN EXPOSURE TO  POLLUTION  FROM
 THAT  SOURCE  OR  CATEGORIES  OF  SOURCES; (II) AMBIENT CONCENTRATION OF
 REGULATED AIR POLLUTANTS AND REGULATED OR UNREGULATED TOXIC  AIR  POLLU-
 TANTS; (III) TRAFFIC VOLUME; (IV) NOISE AND ODOR LEVELS; (V) EXPOSURE OR
 POTENTIAL EXPOSURE TO LEAD PAINT; (VI) EXPOSURE OR POTENTIAL EXPOSURE TO
 CONTAMINATED  DRINKING  WATER  SUPPLIES;  (VII)  PROXIMITY  TO  SOLID OR
 HAZARDOUS WASTE  MANAGEMENT  FACILITIES,  WASTEWATER  TREATMENT  PLANTS,
 HAZARDOUS WASTE SITES, AND PETROLEUM OR CHEMICAL MANUFACTURING, STORAGE,
 TREATMENT  OR  DISPOSAL  FACILITIES;  (VIII) THE POTENTIAL OR DOCUMENTED
 CUMULATIVE HUMAN HEALTH EFFECTS OF THE FOREGOING POLLUTION SOURCES; (IX)
 THE POTENTIAL OR PROJECTED CONTRIBUTION OF THE PROPOSED ACTION TO EXIST-
 ING POLLUTION BURDENS IN THE COMMUNITY AND POTENTIAL HEALTH  EFFECTS  OF
 SUCH CONTRIBUTION, TAKING INTO ACCOUNT EXISTING POLLUTION BURDENS.
   §  8.  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  six  of  this  act
 shall  not apply to any determination of significance made prior to such
 date.

Co-Sponsors

view additional co-sponsors

S1031C (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§8-0105, 8-0109 & 8-0113, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5778
2011-2012: S6689
2013-2014: S692
2015-2016: S3205
2017-2018: S2953
2019-2020: S5540

S1031C (ACTIVE) - Summary

S1031C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1031C

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act 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 forth the legislative intent of addressing
the issue of environmental equity.

Section 2 of the bill amends Section 8-0105 of the Environmental Conser-
vation Law by adding six new subdivisions defining "environmental
justice community," "economically distressed area," "ethnic group,"
"disadvantaged community," "minority community" and "existing burden

report."

Section 3 of the bill amends subdivision 2 of Section 8-0109 of the
Environmental Conservation Law by amending paragraph (h) to require
consideration of the Climate Leadership and Community Protection Act and
adding a new paragraph (k) requiring that an environmental impact state-
ment consider effects of any proposed action on environmental justice
communities or disadvantaged communities, including whether the action
may cause or contribute to, either directly or indirectly, a dispropor-
tionate or inequitable pollution burden on those communities.

Section 4 of the bill amends subdivision 4 of Section 8-0109 of the
Environmental Conservation Law by requiring applicants for major
projects that may affect an environmental justice or disadvantaged
community to prepare and existing burden report prior to a determination
as to whether an environmental impact statement must be prepared for the
project.

Section 5 of the bill amends subdivision 8 of Section 8-0109 of the
Environmental Conservation Law to provide that no action shall be
carried out or approved if it may cause or contribute to, either direct-
ly or indirectly, a disproportionate or inequitable pollution burden on
an environmental justice or disadvantaged community, and adds a new
subdivision 10 providing that construction or expansion of certain
facilities in an environmental justice or disadvantaged community will
require preparation of an existing burden report.

Section 6 of the bill amends subparagraph (i) of paragraph (c) of subdi-
vision 2 of Section 8-0113 of the Environmental Conservation Law to
require the Department of Environmental Conservation to promulgate
implementing regulations.

Section 7 of the bill amends subdivision 2 of Section 8-0113 of the
Environmental Conservation Law by adding a new paragraph (m) specifying
the required contents of an existing burden report.

Section 8 of the bill is the effective date.
 
JUSTIFICATION:

There has been an inequitable pattern in the siting of polluting facili-
ties in environmental justice and disadvantaged communities, which have
borne a disproportionate and inequitable pollution burden from such
facilities. This bill requires state and local agencies to consider
potential disproportionate or inequitable pollution impacts on environ-
mental justice and disadvantaged communities as part of the environ-
mental review of such projects.

 
PRIOR LEGISLATIVE HISTORY:

New bill - 2012 - S6689 - Died Environmental Conservation

2013-14 - 5692 - Died - Environmental Conservation

2015-16 - 53205 - Died - Environmental Conservation

2017-18 - 52953 - Died - Environmental Conservation

2019-20 - 55540 - Died - Environmental Conservation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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 six of this act shall not apply
to any determination of significance made prior to such date.

S1031C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1031--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  STEWART-COUSINS,  ADDABBO,  BIAGGI, HOYLMAN, LIU,
   MANNION, PARKER, RAMOS, SALAZAR, SANDERS, SEPULVEDA -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Environmental Conservation  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Envi-
   ronmental  Conservation  in  accordance  with Senate Rule 6, sec. 8 --
   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  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.
                                                            LBD00519-11-2

 S. 1031--C                          2
 
 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.
   11.  "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS SUBDIVI-
 SION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
   12. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK, OR
 CENSUS BLOCK GROUP THAT INCLUDES TWENTY-FIVE  PERCENT  OR  MORE  OF  ANY
 ETHNIC GROUP.
   13.  "ETHNIC  GROUP"  SHALL  MEAN THOSE GROUPS IDENTIFIED IN THE DEFI-
 NITION OF MINORITY GROUP MEMBER IN SUBDIVISION EIGHT  OF  SECTION  THREE
 HUNDRED TEN OF THE EXECUTIVE LAW.
   14.  "EXISTING BURDEN REPORT" SHALL MEAN THE REPORT REQUIRED BY SUBDI-
 VISION FOUR OF SECTION 8-0109 OF THIS ARTICLE  DESCRIBING  THE  EXISTING
 POLLUTION  BURDEN IN AN ENVIRONMENTAL JUSTICE COMMUNITY OR DISADVANTAGED
 COMMUNITY.
   § 3. Subdivision 2 of section 8-0109 of the environmental conservation
 law, as amended by chapter 219 of the laws of  1990,  paragraph  (h)  as
 amended  by  chapter  519 of the laws of 1992, paragraph (i) as added by
 chapter 182 of the laws of 1990, and paragraph (i) as amended by chapter
 238 of the laws of 1991, is amended to read as follows:
   2. All agencies (or applicant as hereinafter provided) shall  prepare,
 or cause to be prepared by contract or otherwise an environmental impact
 statement on any action they propose or approve which may have a signif-
 icant  effect  on  the  environment.  Such  a  statement shall include a
 detailed statement setting forth the following:
   (a) a  description  of  the  proposed  action  and  its  environmental
 setting;
   (b)  the  environmental impact of the proposed action including short-
 term and long-term effects;
   (c) any adverse environmental effects which cannot be  avoided  should
 the proposal be implemented;
   (d) alternatives to the proposed action;
   (e)  any irreversible and irretrievable commitments of resources which
 would be involved in the proposed action should it be implemented;
   (f) mitigation measures proposed to minimize the environmental impact;
   (g) the growth-inducing aspects of the proposed action, where applica-
 ble and significant;
   (h) effects of the proposed action on  the  use  and  conservation  of
 energy resources, where applicable and significant, provided that in the
 case  of  an electric generating facility, the statement shall include a
 demonstration that the facility will satisfy electric generating capaci-
 ty needs or other electric systems needs in a manner reasonably consist-
 ent with the most recent state energy plan AND  THE  CLIMATE  LEADERSHIP
 AND COMMUNITY PROTECTION ACT;
   (i)  effects of proposed action on solid waste management where appli-
 cable and significant; [and
   (i)] (J) effects of any proposed action on, and its consistency  with,
 the  comprehensive management plan of the special groundwater protection
 area program, as implemented by the  commissioner  pursuant  to  article
 fifty-five of this chapter; [and
   (j)]  (K)  EFFECTS  OF  ANY  PROPOSED  ACTION ON ENVIRONMENTAL JUSTICE
 COMMUNITIES OR DISADVANTAGED COMMUNITIES, INCLUDING WHETHER  THE  ACTION
 MAY  CAUSE OR CONTRIBUTE TO, EITHER DIRECTLY OR INDIRECTLY, A DISPROPOR-
 S. 1031--C                          3
 
 TIONATE  OR  INEQUITABLE  OR  BOTH  DISPROPORTIONATE   AND   INEQUITABLE
 POLLUTION  BURDEN  ON  AN ENVIRONMENTAL JUSTICE COMMUNITY OR A DISADVAN-
 TAGED COMMUNITY; AND
   (L)  such other information consistent with the purposes of this arti-
 cle as may be prescribed in guidelines issued by the commissioner pursu-
 ant to section 8-0113 of this chapter.
   Such a statement shall  also  include  copies  or  a  summary  of  the
 substantive comments received by the agency pursuant to subdivision four
 of  this  section, and the agency response to such comments. The purpose
 of an environmental impact statement is to provide detailed  information
 about  the effect which a proposed action is likely to have on the envi-
 ronment, to list ways in which any adverse effects  of  such  an  action
 might  be minimized, and to suggest alternatives to such an action so as
 to form the basis for a decision whether or not to undertake or  approve
 such  action.  Such  statement  should  be  clearly written in a concise
 manner capable of being read and understood by the public,  should  deal
 with the specific significant environmental impacts which can be reason-
 ably  anticipated and should not contain more detail than is appropriate
 considering the nature and magnitude of  the  proposed  action  and  the
 significance of its potential impacts.
   §  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 FOR ANY PROPOSED ACTION THAT IS NOT
 A MINOR PROJECT AS DEFINED IN SUBDIVISION THREE OF  SECTION  70-0105  OF
 THIS CHAPTER AND THAT MAY DIRECTLY OR INDIRECTLY AFFECT AN ENVIRONMENTAL
 JUSTICE  COMMUNITY  OR A DISADVANTAGED COMMUNITY, THE RESPONSIBLE AGENCY
 SHALL PREPARE OR CAUSE TO BE PREPARED  AN  EXISTING  BURDEN  REPORT  AND
 SHALL  CONSIDER SUCH REPORT IN DETERMINING WHETHER SUCH ACTION MAY CAUSE
 OR CONTRIBUTE TO, EITHER DIRECTLY OR INDIRECTLY, A  DISPROPORTIONATE  OR
 INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE POLLUTION BURDEN ON
 AN  ENVIRONMENTAL  JUSTICE  COMMUNITY  OR A DISADVANTAGED COMMUNITY. THE
 EXISTING BURDEN REPORT SHALL INCLUDE BASELINE MONITORING DATA  COLLECTED
 IN  THE AFFECTED ENVIRONMENTAL JUSTICE COMMUNITY OR DISADVANTAGED COMMU-
 NITY WITHIN TWO YEARS OF THE APPLICATION FOR A PERMIT OR APPROVAL; SHALL
 IDENTIFY EACH EXISTING POLLUTION SOURCE OR CATEGORIES OF SOURCES AFFECT-
 ING THE  COMMUNITY  AND  THE  POTENTIAL  ROUTES  OF  HUMAN  EXPOSURE  TO
 POLLUTION  FROM  THAT  SOURCE OR CATEGORIES OF SOURCES; THE POTENTIAL OR
 DOCUMENTED CUMULATIVE HUMAN HEALTH EFFECTS OF SUCH  POLLUTION;  AND  THE
 POTENTIAL  OR  PROJECTED CONTRIBUTION OF THE PROPOSED ACTION TO EXISTING
 POLLUTION BURDENS IN THE COMMUNITY AND POTENTIAL HEALTH EFFECTS OF  SUCH
 CONTRIBUTION,  TAKING  INTO  ACCOUNT EXISTING POLLUTION BURDENS. 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. Subdivision 8 of section 8-0109 of the environmental conservation
 law, as amended by chapter 252 of the laws of 1977, is amended and a new
 subdivision 10 is added to read as follows:
   8. When an agency decides to carry out or approve an action which  has
 been  the subject of an environmental impact statement, it shall make an
 explicit finding that the requirements of this section have been met and
 that consistent with social,  economic  and  other  essential  consider-
 ations, to the maximum extent practicable, adverse environmental effects
 S. 1031--C                          4
 
 revealed in the environmental impact statement process will be minimized
 or  avoided.  NO ACTION SHALL BE CARRIED OUT OR APPROVED IF IT MAY CAUSE
 OR CONTRIBUTE TO, EITHER DIRECTLY OR INDIRECTLY, A  DISPROPORTIONATE  OR
 INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE POLLUTION BURDEN ON
 AN ENVIRONMENTAL JUSTICE COMMUNITY OR A DISADVANTAGED COMMUNITY.
   10.  THE  CONSTRUCTION OR EXPANSION OF ANY SOLID WASTE FACILITY, LAND-
 FILL OR TRANSFER FACILITY IN AN ECONOMICALLY DISTRESSED  AREA,  MINORITY
 COMMUNITY  OR  DISADVANTAGED  COMMUNITY SHALL BE PRESUMED TO DIRECTLY OR
 INDIRECTLY HAVE AN ADVERSE EFFECT ON  SUCH  COMMUNITY  AND  AN  EXISTING
 BURDEN  REPORT  SHALL  BE  PREPARED  AND  EVALUATED  PRIOR TO TAKING ANY
 ACTION. TRANSFER FACILITIES WHERE WASTE IS ONLY TRANSFERRED FROM VEHICLE
 TO VEHICLE SHALL NOT BE EXEMPT FROM THE REQUIREMENTS  OF  THIS  SUBDIVI-
 SION.
   §  6.    Subparagraph (i) of paragraph (c) of subdivision 2 of section
 8-0113 of the environmental conservation law, as added by chapter 612 of
 the laws of 1975, is amended to read as follows:
   (i) Actions or classes of actions that are likely to require  prepara-
 tion  of  environmental  impact  statements, INCLUDING ACTIONS WHICH MAY
 CAUSE OR CONTRIBUTE TO, EITHER  DIRECTLY  OR  INDIRECTLY,  A  DISPROPOR-
 TIONATE   OR   INEQUITABLE  OR  BOTH  DISPROPORTIONATE  AND  INEQUITABLE
 POLLUTION BURDEN ON AN ENVIRONMENTAL JUSTICE COMMUNITY  OR  A  DISADVAN-
 TAGED COMMUNITY;
   § 7. Subdivision 2 of section 8-0113 of the environmental conservation
 law is amended by adding a new paragraph (m) to read as follows:
   (M)  THE FORM AND CONTENT OF AN EXISTING BURDEN REPORT WHICH SHALL, AT
 THE MINIMUM, INCLUDE BASELINE MONITORING DATA COLLECTED IN THE  AFFECTED
 ENVIRONMENTAL  JUSTICE  COMMUNITY  OR DISADVANTAGED COMMUNITY WITHIN TWO
 YEARS OF THE APPLICATION FOR A PERMIT OR APPROVAL  AND  SHALL  IDENTIFY:
 (I) EACH EXISTING POLLUTION SOURCE OR CATEGORIES OF SOURCES AFFECTING AN
 ENVIRONMENTAL  JUSTICE  COMMUNITY  OR  A DISADVANTAGED COMMUNITY AND THE
 POTENTIAL ROUTES OF HUMAN EXPOSURE TO  POLLUTION  FROM  THAT  SOURCE  OR
 CATEGORIES  OF  SOURCES;  (II)  AMBIENT  CONCENTRATION  OF REGULATED AIR
 POLLUTANTS AND REGULATED OR  UNREGULATED  TOXIC  AIR  POLLUTANTS;  (III)
 TRAFFIC  VOLUME;  (IV)  NOISE AND ODOR LEVELS; (V) EXPOSURE OR POTENTIAL
 EXPOSURE TO LEAD PAINT; (VI) EXPOSURE OR POTENTIAL EXPOSURE  TO  CONTAM-
 INATED  DRINKING  WATER  SUPPLIES; (VII) PROXIMITY TO SOLID OR HAZARDOUS
 WASTE MANAGEMENT  FACILITIES,  WASTEWATER  TREATMENT  PLANTS,  HAZARDOUS
 WASTE  SITES, RECYCLING FACILITIES, WASTE TRANSFER FACILITIES AND PETRO-
 LEUM OR CHEMICAL MANUFACTURING, STORAGE, TREATMENT OR  DISPOSAL  FACILI-
 TIES; (VIII) THE POTENTIAL OR DOCUMENTED CUMULATIVE HUMAN HEALTH EFFECTS
 OF  THE  FOREGOING  POLLUTION  SOURCES;  (IX) THE POTENTIAL OR PROJECTED
 CONTRIBUTION OF THE PROPOSED ACTION TO EXISTING POLLUTION BURDENS IN THE
 COMMUNITY AND POTENTIAL HEALTH EFFECTS OF SUCH CONTRIBUTION, TAKING INTO
 ACCOUNT EXISTING POLLUTION BURDENS.
   § 8. 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 six of this act
 shall not apply to any determination of significance made prior to  such
 date.

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The New York State Senate

senate Bill S1031C

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

Mar 28, 2022 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Mar 28, 2022

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

S1031 - Details

S1031 - Summary

S1031 - Sponsor Memo

S1031 - Bill Text download pdf

S1031A - Details

S1031A - Summary

S1031A - Sponsor Memo

S1031A - Bill Text download pdf

Co-Sponsors

S1031B - Details

S1031B - Summary

S1031B - Sponsor Memo

S1031B - Bill Text download pdf

Co-Sponsors

S1031C (ACTIVE) - Details

S1031C (ACTIVE) - Summary

S1031C (ACTIVE) - Sponsor Memo

S1031C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1031C

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Mar 28, 2022 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Mar 28, 2022

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

S1031 - Details

S1031 - Summary

S1031 - Sponsor Memo

S1031 - Bill Text download pdf

S1031A - Details

S1031A - Summary

S1031A - Sponsor Memo

S1031A - Bill Text download pdf

Co-Sponsors

S1031B - Details

S1031B - Summary

S1031B - Sponsor Memo

S1031B - Bill Text download pdf

Co-Sponsors

S1031C (ACTIVE) - Details

S1031C (ACTIVE) - Summary

S1031C (ACTIVE) - Sponsor Memo

S1031C (ACTIVE) - Bill Text download pdf

Comments