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
S. 1031--C 2
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.
11. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS SUBDIVI-
SION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
12. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK, OR
CENSUS BLOCK GROUP THAT INCLUDES TWENTY-FIVE PERCENT OR MORE OF ANY
ETHNIC GROUP.
13. "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.
14. "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 OR DISADVANTAGED
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 OR DISADVANTAGED COMMUNITIES, INCLUDING WHETHER THE ACTION
MAY CAUSE OR CONTRIBUTE TO, EITHER DIRECTLY OR INDIRECTLY, A DISPROPOR-
S. 1031--C 3
TIONATE OR INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE
POLLUTION BURDEN ON AN ENVIRONMENTAL JUSTICE COMMUNITY OR A DISADVAN-
TAGED 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
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 ENVIRONMENTAL
JUSTICE COMMUNITY OR A DISADVANTAGED 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 OR A DISADVANTAGED COMMUNITY. THE
EXISTING BURDEN REPORT SHALL INCLUDE BASELINE MONITORING DATA COLLECTED
IN THE AFFECTED ENVIRONMENTAL JUSTICE COMMUNITY OR DISADVANTAGED COMMU-
NITY 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 and a new
subdivision 10 is added 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
S. 1031--C 4
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 OR A DISADVANTAGED COMMUNITY.
10. THE CONSTRUCTION OR EXPANSION OF ANY SOLID WASTE FACILITY, LAND-
FILL OR TRANSFER FACILITY IN AN ECONOMICALLY DISTRESSED AREA, MINORITY
COMMUNITY OR DISADVANTAGED COMMUNITY SHALL BE PRESUMED TO DIRECTLY OR
INDIRECTLY HAVE AN ADVERSE EFFECT ON SUCH COMMUNITY AND AN EXISTING
BURDEN REPORT SHALL BE PREPARED AND EVALUATED PRIOR TO TAKING ANY
ACTION. TRANSFER FACILITIES WHERE WASTE IS ONLY TRANSFERRED FROM VEHICLE
TO VEHICLE SHALL NOT BE EXEMPT FROM THE REQUIREMENTS OF THIS SUBDIVI-
SION.
§ 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 ACTIONS WHICH MAY
CAUSE OR CONTRIBUTE TO, EITHER DIRECTLY OR INDIRECTLY, A DISPROPOR-
TIONATE OR INEQUITABLE OR BOTH DISPROPORTIONATE AND INEQUITABLE
POLLUTION BURDEN ON AN ENVIRONMENTAL JUSTICE COMMUNITY OR A DISADVAN-
TAGED 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 OR DISADVANTAGED 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 OR A DISADVANTAGED 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 POLLUTANTS; (III)
TRAFFIC VOLUME; (IV) NOISE AND ODOR LEVELS; (V) EXPOSURE OR POTENTIAL
EXPOSURE TO LEAD PAINT; (VI) EXPOSURE OR POTENTIAL EXPOSURE TO CONTAM-
INATED DRINKING WATER SUPPLIES; (VII) PROXIMITY TO SOLID OR HAZARDOUS
WASTE MANAGEMENT FACILITIES, WASTEWATER TREATMENT PLANTS, HAZARDOUS
WASTE SITES, RECYCLING FACILITIES, WASTE TRANSFER FACILITIES AND PETRO-
LEUM OR CHEMICAL MANUFACTURING, STORAGE, TREATMENT OR DISPOSAL FACILI-
TIES; (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 EXISTING 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.
