S T A T E   O F   N E W   Y O R K
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                                  5778

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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.
  S  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.
  S 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.
                                                           LBD07342-01-9
              

S. 5778                             2

  (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;
  S  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.
  S 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;
  S  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.