The New York State Senate

 
                     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.

 
                     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.