S T A T E   O F   N E W   Y O R K
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                                  3205

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced by Sens. STEWART-COUSINS, DILAN, GIANARIS, MONTGOMERY, SERRA-
  NO -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02557-01-5

              

S. 3205                             2

  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:
  (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.