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: (Introduced) 2019-06-20 - substituted by s2385 [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.
                                                                   LBD04712-01-9

        A. 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 all

        A. 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 year

        A. 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.
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