Bill Text: NY A01564 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates a permanent environmental justice advisory group; provides that the function of the group is to ensure that no group of people, including a racial, ethnic, or socioeconomic group, bears a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies; empowers that advisory group to adopt a model environmental justice policy applicable to state agencies, and to monitor agencies on compliance with such policies; specifies responsibilities of state agencies; establishes an environmental justice interagency coordinating council.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Passed) 2019-12-23 - APPROVAL MEMO.81 [A01564 Detail]
Download: New_York-2019-A01564-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1564 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. PEOPLES-STOKES, L. ROSENTHAL, GOTTFRIED, TITUS, PERRY, OTIS, COLTON, GALEF, MOSLEY, HUNTER, THIELE, LUPARDO, DINOWITZ, CARROLL, QUART, HYNDMAN, ORTIZ, STECK, ABINANTI, DE LA ROSA, SEAWRIGHT, TAYLOR, JONES, PAULIN, STIRPE, ARROYO, GLICK -- Multi-Spon- sored by -- M. of A. BRONSON -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing a permanent environmental justice advisory group and an environmental justice interagency coordinating council The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new article 48 to read as follows: 3 ARTICLE 48 4 ENVIRONMENTAL JUSTICE 5 Section 48-0101. Declaration of policy. 6 48-0103. Definitions. 7 48-0105. Permanent environmental justice advisory group. 8 48-0107. Powers and duties. 9 48-0109. Agency responsibilities. 10 48-0111. Environmental justice interagency coordinating council. 11 48-0113. Separability. 12 § 48-0101. Declaration of policy. 13 1. It is hereby declared to be the policy of this state that all 14 people, regardless of race, color, religion, national origin or income, 15 have a right to fair treatment and meaningful involvement in the devel- 16 opment, implementation and enforcement of laws, regulations and policies 17 that affect the quality of the environment. 18 2. It shall further be the policy of the state that no group of 19 people, including a racial, ethnic or socioeconomic group, should be 20 disproportionately exposed to pollution or bear a disproportionate share EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04712-01-9A. 1564 2 1 of the negative environmental consequences resulting from industrial, 2 municipal or commercial operations, or the execution of federal, state, 3 local or tribal programs and policies. 4 3. It shall further be the policy of the state that no group of 5 people, including a racial, ethnic or socioeconomic group, should suffer 6 from inequitable allocation of public resources or financial assistance 7 for environmental protection and stewardship, including environmental 8 remediation, pollution prevention, open space acquisition and/or other 9 protection and stewardship activities. 10 4. It shall further be the policy of the state that opportunities for 11 citizen involvement in the development, implementation and enforcement 12 of laws, regulations and policies that affect the quality of the envi- 13 ronment be as reflective of the diversity of interests and perspective 14 found within the affected community as possible, including those of 15 racial, ethnic and socioeconomic groups; that they be provided as early 16 as possible in the decision making process prior to the selection of a 17 preferred course of action by federal, state, local or tribal agencies; 18 that they provide full, timely and accessible disclosure and sharing of 19 information by the government agency or agencies involved, including the 20 provision of technical data and the assumptions upon which any analyses 21 are based; and that they allow all people, regardless of race, color, 22 religion, national origin or income, the opportunity to have their views 23 heard and considered, including opportunities for two-way dialogue. 24 § 48-0103. Definitions. 25 As used in this article: 26 1. "Advisory group" means the permanent environmental justice advisory 27 group established by section 48-0105 of this article. 28 2. "Agency" means any department, board, bureau, commission, division, 29 office, council, committee or officer of the state, or any public 30 authority or public benefit corporation at least one of whose members is 31 appointed by the governor. 32 3. "Environmental justice" means the fair treatment and meaningful 33 involvement of all people regardless of race, color, religion, national 34 origin or income with respect to the development, implementation and 35 enforcement of laws, regulations and policies affecting the quality of 36 the environment. 37 4. "Fair treatment" means that no group of people, including a racial, 38 ethnic or socioeconomic group, should be disproportionately exposed to 39 pollution or bear a disproportionate share of the negative environmental 40 consequences resulting from industrial, municipal and commercial oper- 41 ations or the execution of federal, state, local and tribal programs and 42 policies, and further means that no such group of people should suffer 43 from inequitable allocation of public resources or financial assistance 44 for environmental protection and stewardship, including environmental 45 remediation, pollution prevention, open space acquisition and other 46 protection and stewardship activities. 47 5. "Meaningful involvement" means the provision of opportunities for 48 citizen participation in decision making that are as reflective of the 49 diversity of interests and perspective found within the affected commu- 50 nity as possible, including those of racial, ethnic and socioeconomic 51 groups; that are provided as early as possible in the decision making 52 process prior to the selection of a preferred course of action by a 53 decision making agency or agencies; that provide full, timely and acces- 54 sible disclosure and sharing of information by the government agency or 55 agencies involved, including the provision of technical data and the 56 assumptions upon which any analyses are based; and that allow allA. 1564 3 1 people, regardless of race, color, religion, national origin or income, 2 the opportunity to have their views heard and considered, including 3 opportunities for two-way dialogue. 4 § 48-0105. Permanent environmental justice advisory group. 5 1. The permanent environmental justice advisory group is hereby estab- 6 lished in the department to consist of seventeen members, as follows: 7 (a) Five members shall be representatives of community-based organiza- 8 tions that advise or assist minority and low-income communities on envi- 9 ronmental matters. 10 (b) Four members shall be representatives of businesses that hold 11 permits or otherwise operate subject to this chapter. 12 (c) Two members shall be representatives of environmental conservation 13 offices of local government. 14 (d) The remaining members shall be representatives of state or 15 national organizations promoting environmental conservation, research- 16 ers, educators and members of the general public. 17 (e) One of the members appointed pursuant to each of paragraphs (a), 18 (b), (c) and (d) of this subdivision shall be appointed by the temporary 19 president of the senate, and one of the members appointed pursuant to 20 each of paragraphs (a), (b), (c) and (d) of this subdivision shall be 21 appointed by the speaker of the assembly. One member shall be appointed 22 by the minority leader of the senate and one member shall be appointed 23 by the minority leader of the assembly. The remaining members appointed 24 pursuant to this subdivision shall be appointed by the governor. The 25 replacement of any member shall be in accordance with the provisions 26 contained in this section for appointment of members. 27 2. (a) Each member of the advisory group shall serve for a term of 28 four years or until his or her successor is appointed. A member 29 appointed to fill a vacancy shall serve the remainder of the term of the 30 member he or she is appointed to succeed. The members of the advisory 31 group shall receive no compensation for their services but shall be 32 reimbursed for their expenses actually and necessarily incurred in the 33 performance of their duties hereunder. 34 (b) The advisory group shall select a chair from among the members. 35 The advisory group shall meet as frequently as necessary, but not less 36 than three times per year. Such meetings shall be held at such locations 37 as the advisory group may determine. All such meetings shall be subject 38 to the open meetings law. At least one meeting annually shall be held 39 jointly with the environmental justice interagency coordinating council 40 established pursuant to section 48-0111 of this article. Each member of 41 the advisory group shall be entitled to designate in writing a represen- 42 tative to attend meetings in his or her place and to vote or otherwise 43 act on his or her behalf in his or her absence. 44 (c) Staff services for the advisory group shall be performed, insofar 45 as practicable, by personnel of the department. The advisory group may 46 request and shall receive from any state agency such assistance and data 47 as will enable it properly to carry out its activities hereunder and 48 effectuate the purposes set forth herein. 49 § 48-0107. Powers and duties. 50 The advisory group shall have the power and duty to: 51 1. adopt a model environmental justice policy applicable generally to 52 state agencies that engage in activities or operations that may have a 53 significant effect on the environment, including but not limited to 54 through the adoption of rules and regulations, issuance of permits, 55 acquisition or maintenance of property, or approval, funding or under- 56 taking of projects. Such policy shall be adopted not later than one yearA. 1564 4 1 after the effective date of this article. The advisory group shall 2 develop the model policy in consultation with representatives of minori- 3 ty and low-income communities, regulated parties, the environmental 4 justice interagency coordinating council and other state agencies and 5 the public and shall hold a public hearing thereon in each judicial 6 department. Notice of such hearings and notice of the adoption of the 7 model policy shall be published in the state register; 8 2. advise state agencies of their responsibilities under section 9 48-0109 of this article; 10 3. monitor compliance with the environmental justice policies of state 11 agencies, make recommendations to the governor, legislature and state 12 agencies on measures to improve such policies, and report not less than 13 annually on the extent to which agencies are in compliance with the 14 requirements of this article and other state laws and Federal laws and 15 regulations relating to environmental justice; 16 4. provide comments on any proposed rule, regulation or policy of a 17 state or federal agency related to environmental justice; 18 5. accept, as agent of the state, any grant including federal grants 19 or any gift for the purposes of this article. Any monies so received may 20 be expended by the advisory group to effectuate any purpose of this 21 article, subject to the applicable provisions of the state finance law; 22 6. conduct public hearings with respect to any matter within the scope 23 of its functions, powers and duties; 24 7. adopt, amend and repeal by-laws governing its organization and 25 operation and such rules and regulations, consistent with this article, 26 as it deems necessary to administer this article; and 27 8. do any and all things necessary or convenient to carry out its 28 functions, powers and duties under this article. 29 § 48-0109. Agency responsibilities. 30 1. Each state agency that engages in activities or operations that 31 have a significant effect on the environment, including but not limited 32 to through the adoption of rules and regulations, issuance of permits, 33 acquisition or maintenance of property, or approval, funding or under- 34 taking of projects, shall be guided in its decision making on such 35 activities or operations by an environmental justice policy. Each such 36 agency shall adopt rules and regulations setting forth its environmental 37 justice policy not later than six months after the adoption of a model 38 environmental justice policy pursuant to section 48-0107 of this arti- 39 cle. The agency thereafter shall comply in all respects with the envi- 40 ronmental justice policy set forth in its rules and regulations; 41 provided, however, that in the absence of such rules and regulations, 42 the agency shall comply in all respects with the model environmental 43 justice policy. 44 2. Each state agency subject to the requirements of subdivision one of 45 this section shall: 46 (a) appoint a staff member of the agency to serve as environmental 47 justice coordinator, to provide information to the public on the poli- 48 cies, activities and operations of the agency related to environmental 49 justice and to act as liaison to the environmental justice advisory 50 group; 51 (b) notify the advisory group of the appointment of an environmental 52 justice coordinator; and 53 (c) develop an environmental justice training plan which includes the 54 provision of workshops and written materials to appropriate staff 55 regarding environmental justice and implementation of the agency's envi- 56 ronmental justice policy.A. 1564 5 1 3. This section shall apply to any state agency notwithstanding any 2 exemption such agency may have from other laws, including but not limit- 3 ed to any exemption from article eight of this chapter. 4 § 48-0111. Environmental justice interagency coordinating council. 5 1. There is hereby established an environmental justice interagency 6 coordinating council which shall have the power and duty to: 7 (a) coordinate the activities of agencies required to adopt an envi- 8 ronmental justice policy pursuant to section 48-0109 of this article in 9 development and implementation of such policies; 10 (b) make annual reports to the governor and the legislature concerning 11 the implementation and effectiveness of agency environmental justice 12 policies, including the adequacy of funding available and difficulties 13 encountered; and 14 (c) serve as a clearinghouse for state agencies and the public for 15 information on environmental justice policies, environmental justice 16 coordinators in state agencies and related activities of state agencies, 17 and maintain information services, including but not limited to an 18 Internet site and a toll-free telephone number, to inform the public on 19 environmental justice. 20 2. The environmental justice coordinating council shall include the 21 commissioner; the commissioner of the department of economic develop- 22 ment; the commissioner of the department of transportation; the presi- 23 dent of the environmental facilities corporation; the president of the 24 New York State energy research and development authority; the chairman 25 of the public service commission; the chairman of the power authority of 26 the State of New York; the executive director of the New York State 27 office of science, technology and academic research; or their designees; 28 and every staff member chosen by an agency to serve as environmental 29 justice coordinator pursuant to section 48-0109 of this article. The 30 council shall consult with the permanent environmental justice advisory 31 group; representatives of minority and low-income communities, including 32 community-based organizations that advise or assist minority and low-in- 33 come communities on environmental matters; representatives of businesses 34 that hold permits or otherwise operate subject to this chapter; repre- 35 sentatives of local governments; representatives of local, state, or 36 national organizations promoting environmental conservation; researchers 37 and educators; and any other parties the council deems appropriate. 38 3. The coordinating council shall meet at least quarterly and shall 39 designate one of its members to serve as chairperson and one of its 40 members to serve as secretary for the development and dissemination of 41 minutes and reports. All such meetings shall be subject to the open 42 meetings law. At least one meeting annually shall be held jointly with 43 the permanent environmental justice advisory group established pursuant 44 to section 48-0105 of this article. Each member shall be entitled to 45 designate in writing a representative to attend meetings in his or her 46 place and to vote or otherwise act on his or her behalf in his or her 47 absence. 48 § 48-0113. Separability. 49 If any clause, sentence, paragraph, section or part of this article 50 shall be adjudged by any court of competent jurisdiction to be invalid, 51 the judgment shall not affect, impair or invalidate the remainder there- 52 of, but shall be confined in its operation to the clause, sentence, 53 paragraph, section or part thereof directly involved in the controversy 54 in which the judgment shall have been rendered. 55 § 2. This act shall take effect on the first of January next succeed- 56 ing the date on which it shall have become a law.
