What's happening
This bill requires state and local agencies to consider and address disproportionate environmental burdens on minority and economically distressed communities when siting environmental facilities.
Why it matters
Defines “minority communities” and “economically distressed areas”. in state law, creating specific thresholds (e.g., poverty or unemployment rates, ethnic group percentage) that agencies must use to identify vulnerable populations potentially affected by new environmental projects.
Mandates explicit analysis of disproportionate environmental burdens. on these communities whenever agencies decide whether to prepare environmental impact statements, ensuring that the potential for inequitable impacts is considered early in the decision-making process.
Requires agencies to factor in both direct and indirect impacts. on minority and economically distressed communities, broadening the scope beyond just immediately adjacent neighborhoods to include any area significantly affected by a proposed project.
Aims to structurally address environmental justice. by embedding these considerations into the legal criteria for siting and approving environmental facilities, which could lead to more equitable distribution of environmental risks and benefits across New York communities.
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Who cares
Headline styles
Limit Pollution in Poor Areas
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stop Facility Clustering in Minorities
In Assembly Committee · Environmental Conservation · Sponsor J. Gary Pretlow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5540
2019-2020 Regular Sessions
IN SENATE
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 Assembly, 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 inequitable 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 definition 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 communities and economically distressed areas that are directly or significantly 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 applicant 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.