NY State Senate Bill 2019-S5540

Senate Bill S5540

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
May 06, 2019	referred to environmental conservation

2019-S5540 (ACTIVE) - Details

See Assembly Version of this Bill:: A6016
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§1-0303, 8-0109 & 8-0113, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5778, A4245
2011-2012: S6689, A2546
2013-2014: S692, A542
2015-2016: S3205, A1973
2017-2018: S2953, A7081
2021-2022: S1031, A2103

2019-S5540 (ACTIVE) - Summary

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

2019-S5540 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5540

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 for the legislative intent of addressing the
issue of environmental in 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 - 82953 - 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.

2019-S5540 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5540
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2019
                                ___________
 
 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.
                                                            LBD05070-01-9

 S. 5540                             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.

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