Senate Bill S1031B

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-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

2021-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.

2021-S1031 - Sponsor Memo

2021-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
              

2021-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

2021-S1031A - 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.

2021-S1031A - Sponsor Memo

2021-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.
              

co-Sponsors

2021-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

2021-S1031B - 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.

2021-S1031B - Sponsor Memo

2021-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.
              

co-Sponsors

2021-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

2021-S1031C (ACTIVE) - 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.

2021-S1031C (ACTIVE) - Sponsor Memo

2021-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
              

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