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A04245 Summary:

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A04245 Floor Votes:

A04245 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4245
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2009
                                       ___________
 
        Introduced  by M. of A. BRODSKY, JACOBS, ORTIZ, GREENE, PAULIN, KAVANAGH
          -- Multi-Sponsored by -- M. of A. AUBRY, BOYLAND,  BRENNAN,  CHRISTEN-
          SEN,  CLARK,  DIAZ,  DINOWITZ,  ENGLEBRIGHT,  ESPAILLAT, GALEF, GLICK,
          GOTTFRIED, HOOPER, LENTOL, V. LOPEZ, LUPARDO, McENENY, MILLMAN,  PHEF-
          FER,  PRETLOW,  SEMINERIO,  SWEENEY, TOWNS, WEISENBERG, WRIGHT -- read

          once and referred 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:
 
     1    Section 1. Legislative intent. The legislature finds and declares that
     2  each community in the state should equitably share the responsibilities,
     3  burdens, and benefits of managing and solving the state's  environmental
     4  problems  and  the  facilities  necessary  to  accomplish such ends. The
     5  legislature further declares that there has been an inequitable  pattern
     6  in  the  siting of environmental facilities in minority and economically
     7  distressed communities, which have borne a disproportionate and  inequi-
     8  table  share  of  such  facilities.  Consistent  with  its commitment to

     9  providing equal justice for its citizens, the state has a responsibility
    10  to establish requirements for the consideration  of  such  decisions  by
    11  state and local governments in order to insure equality of treatment for
    12  all communities.
    13    §  2.  Section 1-0303 of the environmental conservation law is amended
    14  by adding three new subdivisions 26, 27, and 28 to read as follows:
    15    26. "Economically distressed area" shall mean an area characterized by
    16  a poverty rate of at least twenty percent; or an unemployment rate of at
    17  least one hundred twenty-five  percent  of  the  statewide  unemployment
    18  rate.
    19    27.  "Minority  community"  shall mean any census tract or subdivision
    20  thereof that includes twenty-five percent or more of any ethnic group.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07342-01-9
        A. 4245                             2
 
     1    28. "Ethnic group" shall mean those groups  identified  in  the  defi-
     2  nition of minority group member pursuant to subdivision eight of section
     3  three hundred ten of the executive law.
     4    § 3. Subdivision 2 of section 8-0109 of the environmental conservation
     5  law is amended by adding a new paragraph (h-1) to read as follows:
     6    (h-1)  whether such action may cause or increase a disproportionate or
     7  inequitable or both disproportionate and  inequitable  burden  on  those

     8  minority communities or economically distressed areas or minority commu-
     9  nities  and  economically  distressed areas that are directly or signif-
    10  icantly indirectly affected by the action;
    11    § 4. The opening paragraph of subdivision 4 of section 8-0109  of  the
    12  environmental conservation law, as amended by chapter 219 of the laws of
    13  1990, is amended to read as follows:
    14    As  early  as possible in the formulation of a proposal for an action,
    15  the responsible agency shall make an initial determination as to whether
    16  or not an environmental  impact  statement  need  be  prepared  for  the
    17  action.   In making such determination, the responsible agency or appli-
    18  cant shall  consider  whether  such  action  may  cause  or  increase  a

    19  disproportionate or inequitable or both disproportionate and inequitable
    20  burden on those minority communities or economically distressed areas or
    21  minority communities and economically distressed areas that are directly
    22  or significantly indirectly affected by the action. When an action is to
    23  be  carried  out or approved by two or more agencies, such determination
    24  shall be made as early as possible after the  designation  of  the  lead
    25  agency.
    26    §  5.  The  opening  paragraph  of  paragraph  (b) of subdivision 2 of
    27  section 8-0113 of  the  environmental  conservation  law  is  designated
    28  subparagraph  (i)  and  a  new  subparagraph  (ii)  is  added to read as
    29  follows:
    30    (ii) Such criteria shall include consideration of the extent to  which

    31  a  proposed  action  may  reasonably  be expected to cause or increase a
    32  disproportionate or inequitable or both disproportionate and inequitable
    33  burden on those minority communities or economically distressed areas or
    34  minority communities and economically distressed areas that are directly
    35  or significantly indirectly affected by the action;
    36    § 6. This act shall take effect on the thirtieth day  after  it  shall
    37  have  become  a  law;  provided that section three of this act shall not
    38  apply to any person who has received an initial  determination  pursuant
    39  to subdivision 4 of section 8-0109 of the environmental conservation law
    40  prior  to  such  date and provided further that section five of this act
    41  shall not apply to any determination of significance made prior to  such
    42  date.