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S08830 Summary:

S08830 Actions:

S08830 Committee Votes:

S08830 Floor Votes:

S08830 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8830
 
                    IN SENATE
 
                                     April 22, 2022
                                       ___________
 
        Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules
 
        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 8-0105 of the environmental conservation law is amended
    14  by adding a new subdivision 9 to read as follows:
    15    9.  "Disadvantaged community" shall have the same meaning as  subdivi-
    16  sion five of section 75-0101 of this chapter.
    17    § 3. Subdivision 2 of section 8-0109 of the environmental conservation
    18  law,  as  amended  by  chapter 219 of the laws of 1990, paragraph (h) as
    19  amended by chapter 519 of the laws of 1992, paragraph (i)  as  added  by
    20  chapter 182 of the laws of 1990, and paragraph (i) as amended by chapter
    21  238 of the laws of 1991, is amended to read as follows:
    22    2.  All agencies (or applicant as hereinafter provided) shall prepare,
    23  or cause to be prepared by contract or otherwise an environmental impact
    24  statement on any action they propose or approve which may have a signif-
    25  icant effect on the  environment.  Such  a  statement  shall  include  a
    26  detailed statement setting forth the following:
    27    (a)  a  description  of  the  proposed  action  and  its environmental
    28  setting;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00519-14-2
        S. 8830                             2
 
     1    (b) the environmental impact of the proposed action  including  short-
     2  term and long-term effects;
     3    (c)  any  adverse environmental effects which cannot be avoided should
     4  the proposal be implemented;
     5    (d) alternatives to the proposed action;
     6    (e) any irreversible and irretrievable commitments of resources  which
     7  would be involved in the proposed action should it be implemented;
     8    (f) mitigation measures proposed to minimize the environmental impact;
     9    (g) the growth-inducing aspects of the proposed action, where applica-
    10  ble and significant;
    11    (h)  effects  of  the  proposed  action on the use and conservation of
    12  energy resources, where applicable and significant, provided that in the
    13  case of an electric generating facility, the statement shall  include  a
    14  demonstration that the facility will satisfy electric generating capaci-
    15  ty needs or other electric systems needs in a manner reasonably consist-
    16  ent with the most recent state energy plan;
    17    (i)  effects of proposed action on solid waste management where appli-
    18  cable and significant; [and
    19    (i)] (j) effects of any proposed action on, and its consistency  with,
    20  the  comprehensive management plan of the special groundwater protection
    21  area program, as implemented by the  commissioner  pursuant  to  article
    22  fifty-five of this chapter; [and
    23    (j)]  (k)  such other information consistent with the purposes of this
    24  article as may be prescribed in guidelines issued  by  the  commissioner
    25  pursuant to section 8-0113 of this chapter[.]; and
    26    (l)  effects  of  any  proposed  action  on disadvantaged communities,
    27  including whether the action may cause or increase a disproportionate or
    28  inequitable or both disproportionate and inequitable pollution burden on
    29  a disadvantaged community.
    30    Such a statement shall  also  include  copies  or  a  summary  of  the
    31  substantive comments received by the agency pursuant to subdivision four
    32  of  this  section, and the agency response to such comments. The purpose
    33  of an environmental impact statement is to provide detailed  information
    34  about  the effect which a proposed action is likely to have on the envi-
    35  ronment, to list ways in which any adverse effects  of  such  an  action
    36  might  be minimized, and to suggest alternatives to such an action so as
    37  to form the basis for a decision whether or not to undertake or  approve
    38  such  action.  Such  statement  should  be  clearly written in a concise
    39  manner capable of being read and understood by the public,  should  deal
    40  with the specific significant environmental impacts which can be reason-
    41  ably  anticipated and should not contain more detail than is appropriate
    42  considering the nature and magnitude of  the  proposed  action  and  the
    43  significance of its potential impacts.
    44    §  4.  The opening paragraph of subdivision 4 of section 8-0109 of the
    45  environmental conservation law, as amended by chapter 219 of the laws of
    46  1990, is amended to read as follows:
    47    As early as possible in the formulation of a proposal for  an  action,
    48  the responsible agency shall make an initial determination as to whether
    49  or  not  an  environmental  impact  statement  need  be prepared for the
    50  action.  In making such determination for any proposed  action  that  is
    51  not  a  minor project as defined in subdivision three of section 70-0105
    52  of this chapter the  responsible  agency  shall  consider  whether  such
    53  action  may  cause or increase a disproportionate or inequitable or both
    54  disproportionate and inequitable burden  on  a  disadvantaged  community
    55  that  is  directly  or significantly indirectly affected by such action.
    56  When an action is to be carried out or approved by two or more agencies,
        S. 8830                             3
 
     1  such determination shall be made as early as possible after  the  desig-
     2  nation of the lead agency.
     3    §  5.    Subparagraph (i) of paragraph (c) of subdivision 2 of section
     4  8-0113 of the environmental conservation law, as added by chapter 612 of
     5  the laws of 1975, is amended to read as follows:
     6    (i) Actions or classes of actions that are likely to require  prepara-
     7  tion  of  environmental  impact  statements, including actions which may
     8  cause or increase, either directly or indirectly, a disproportionate  or
     9  inequitable or both disproportionate and inequitable pollution burden on
    10  a disadvantaged community;
    11    §  6. Paragraph (b) of subdivision 2 of section 8-0113 of the environ-
    12  mental conservation law, as amended by chapter 252 of the laws of  1977,
    13  is amended to read as follows:
    14    (b)  (i) Criteria for determining whether or not a proposed action may
    15  have a significant effect on the environment, taking into account social
    16  and economic factors to be considered in determining the significance of
    17  an environmental effect;
    18    (ii) Such criteria shall include consideration of the extent to  which
    19  a  proposed  action  may  reasonably  be expected to cause or increase a
    20  disproportionate or inequitable or both disproportionate and inequitable
    21  burden on disadvantaged communities;
    22    § 7. The environmental conservation law is amended  by  adding  a  new
    23  section 70-0118 to read as follows:
    24  § 70-0118. Disproportionate impacts on disadvantaged communities.
    25    1. For the purposes of this section:
    26    (a)  "Disadvantaged communities" shall have the same meaning as subdi-
    27  vision five of section 75-0101 of this chapter.
    28    (b) "Existing burden report" shall mean the report  required  by  this
    29  section  describing  the  existing  pollution  burden in a disadvantaged
    30  community.
    31    2. When issuing a permit for any project that is not a  minor  project
    32  as  defined  in subdivision three of section 70-0105 of this article and
    33  that may directly or indirectly affect a  disadvantaged  community,  the
    34  department  shall  prepare  or  cause  to be prepared an existing burden
    35  report and shall   consider such  report  in  determining  whether  such
    36  project  may  cause  or  contribute to, either directly or indirectly, a
    37  disproportionate or inequitable or both disproportionate and inequitable
    38  pollution burden on a disadvantaged community.
    39    3. No permit shall be approved or renewed by the department if it  may
    40  cause  or  contribute  to,  either  directly or indirectly, a dispropor-
    41  tionate  or  inequitable  or  both  disproportionate   and   inequitable
    42  pollution burden on a disadvantaged community.
    43    §  8.  Subdivision 1 of section 70-0107 of the environmental conserva-
    44  tion law, as added by chapter 723 of the laws of  1977,  is  amended  to
    45  read as follows:
    46    1.  The  department, after public hearing, shall adopt rules and regu-
    47  lations to assure the efficient and expeditious administration  of  this
    48  article.  Such rules and regulations shall include but not be limited to
    49  provisions regarding notice, review,  public  participation  and  public
    50  hearings.  Such  rules  and  regulations shall also include the form and
    51  content of an existing burden report which shall, at a minimum,  include
    52  baseline  monitoring data collected in the affected disadvantaged commu-
    53  nity within two years of the application for a permit or approval    and
    54  shall  identify:  (a)  each  existing  pollution source or categories of
    55  sources affecting a disadvantaged community and the potential routes  of
    56  human  exposure to  pollution from that source or categories of sources;
        S. 8830                             4

     1  (b) ambient concentration of regulated air pollutants and  regulated  or
     2  unregulated  toxic  air   pollutants; (c) traffic  volume; (d) noise and
     3  odor levels; (e) exposure or potential exposure to lead paint; (f) expo-
     4  sure  or potential exposure to contaminated drinking water supplies; (g)
     5  proximity to solid or hazardous waste management  facilities, wastewater
     6  treatment   plants, hazardous  waste    sites,  incinerators,  recycling
     7  facilities, waste transfer facilities and petroleum or chemical manufac-
     8  turing,  storage, treatment or disposal facilities; (h) the potential or
     9  documented cumulative human health effects of  the foregoing   pollution
    10  sources;  (i)  the  potential  or projected contribution of the proposed
    11  action to existing pollution burdens  in  the  community  and  potential
    12  health  effects  of  such  contribution,  taking  into  account existing
    13  pollution burdens.
    14    § 9. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law; provided that  section  three  of  this  act
    16  shall  not apply to any person who has received an initial determination
    17  pursuant to subdivision 4 of section 8-0109 of the environmental conser-
    18  vation law prior to such date and provided further that section five  of
    19  this act shall not apply to any determination of significance made prior
    20  to such date.