Bill Text: NY A01577 | 2009-2010 | General Assembly | Introduced
Bill Title: 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
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2009-05-04 - enacting clause stricken [A01577 Detail]
Download: New_York-2009-A01577-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1577
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DIAZ, BRODSKY, PERALTA, HEASTIE, J. RIVERA,
GIANARIS -- Multi-Sponsored by -- M. of A. ARROYO, BENJAMIN, CAHILL,
CHRISTENSEN, EDDINGTON, ESPAILLAT, LUPARDO, PEOPLES, P. RIVERA, TITUS
-- read once and referred to the Committee on Environmental Conserva-
tion
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 S 48-0101. DECLARATION OF POLICY.
13 1. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE OF NEW YORK
14 THAT ALL PEOPLE, REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR
15 INCOME, HAVE A RIGHT TO FAIR TREATMENT AND MEANINGFUL INVOLVEMENT IN THE
16 DEVELOPMENT, IMPLEMENTATION AND ENFORCEMENT OF LAWS, REGULATIONS AND
17 POLICIES 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.
LBD03905-01-9
A. 1577 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 S 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. 1577 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 S 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 FIFTEEN 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. THE REMAINING MEMBERS
22 APPOINTED PURSUANT TO THIS SUBDIVISION SHALL BE APPOINTED BY THE GOVER-
23 NOR. THE REPLACEMENT OF ANY MEMBER SHALL BE IN ACCORDANCE WITH THE
24 PROVISIONS CONTAINED IN THIS SECTION FOR APPOINTMENT OF MEMBERS.
25 2. (A) EACH MEMBER OF THE ADVISORY GROUP SHALL SERVE FOR A TERM OF
26 FOUR YEARS OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED. A MEMBER
27 APPOINTED TO FILL A VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE
28 MEMBER HE OR SHE IS APPOINTED TO SUCCEED. THE MEMBERS OF THE ADVISORY
29 GROUP SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE
30 REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE
31 PERFORMANCE OF THEIR DUTIES HEREUNDER.
32 (B) THE ADVISORY GROUP SHALL SELECT A CHAIR FROM AMONG THE MEMBERS.
33 THE ADVISORY GROUP SHALL MEET AS FREQUENTLY AS NECESSARY, BUT NOT LESS
34 THAN THREE TIMES PER YEAR. SUCH MEETINGS SHALL BE HELD AT SUCH LOCATIONS
35 AS THE ADVISORY GROUP MAY DETERMINE. ALL SUCH MEETINGS SHALL BE SUBJECT
36 TO THE OPEN MEETINGS LAW. AT LEAST ONE MEETING ANNUALLY SHALL BE HELD
37 JOINTLY WITH THE ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL
38 ESTABLISHED PURSUANT TO SECTION 48-0111 OF THIS ARTICLE. EACH MEMBER OF
39 THE ADVISORY GROUP SHALL BE ENTITLED TO DESIGNATE IN WRITING A REPRESEN-
40 TATIVE TO ATTEND MEETINGS IN HIS OR HER PLACE AND TO VOTE OR OTHERWISE
41 ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE.
42 (C) STAFF SERVICES FOR THE ADVISORY GROUP SHALL BE PERFORMED, INSOFAR
43 AS PRACTICABLE, BY PERSONNEL OF THE DEPARTMENT. THE ADVISORY GROUP MAY
44 REQUEST AND SHALL RECEIVE FROM ANY STATE AGENCY SUCH ASSISTANCE AND DATA
45 AS WILL ENABLE IT PROPERLY TO CARRY OUT ITS ACTIVITIES HEREUNDER AND
46 EFFECTUATE THE PURPOSES SET FORTH HEREIN.
47 S 48-0107. POWERS AND DUTIES.
48 THE ADVISORY GROUP SHALL HAVE THE POWER AND DUTY TO:
49 1. ADOPT A MODEL ENVIRONMENTAL JUSTICE POLICY APPLICABLE GENERALLY TO
50 STATE AGENCIES THAT ENGAGE IN ACTIVITIES OR OPERATIONS THAT MAY HAVE A
51 SIGNIFICANT EFFECT ON THE ENVIRONMENT, INCLUDING BUT NOT LIMITED TO
52 THROUGH THE ADOPTION OF RULES AND REGULATIONS, ISSUANCE OF PERMITS,
53 ACQUISITION OR MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER-
54 TAKING OF PROJECTS. SUCH POLICY SHALL BE ADOPTED NOT LATER THAN ONE YEAR
55 AFTER THE EFFECTIVE DATE OF THIS ARTICLE. THE ADVISORY GROUP SHALL
56 DEVELOP THE MODEL POLICY IN CONSULTATION WITH REPRESENTATIVES OF MINORI-
A. 1577 4
1 TY AND LOW-INCOME COMMUNITIES, REGULATED PARTIES, THE ENVIRONMENTAL
2 JUSTICE INTERAGENCY COORDINATING COUNCIL AND OTHER STATE AGENCIES AND
3 THE PUBLIC AND SHALL HOLD A PUBLIC HEARING THEREON IN EACH JUDICIAL
4 DEPARTMENT. NOTICE OF SUCH HEARINGS AND NOTICE OF THE ADOPTION OF THE
5 MODEL POLICY SHALL BE PUBLISHED IN THE STATE REGISTER;
6 2. ADVISE STATE AGENCIES OF THEIR RESPONSIBILITIES UNDER SECTION
7 48-0109 OF THIS ARTICLE;
8 3. MONITOR COMPLIANCE WITH THE ENVIRONMENTAL JUSTICE POLICIES OF STATE
9 AGENCIES, MAKE RECOMMENDATIONS TO THE GOVERNOR, LEGISLATURE AND STATE
10 AGENCIES ON MEASURES TO IMPROVE SUCH POLICIES, AND REPORT NOT LESS THAN
11 ANNUALLY ON THE EXTENT TO WHICH AGENCIES ARE IN COMPLIANCE WITH THE
12 REQUIREMENTS OF THIS ARTICLE AND OTHER STATE LAWS AND FEDERAL LAWS AND
13 REGULATIONS RELATING TO ENVIRONMENTAL JUSTICE;
14 4. PROVIDE COMMENTS ON ANY PROPOSED RULE, REGULATION OR POLICY OF A
15 STATE OR FEDERAL AGENCY RELATED TO ENVIRONMENTAL JUSTICE;
16 5. ACCEPT, AS AGENT OF THE STATE, ANY GRANT INCLUDING FEDERAL GRANTS
17 OR ANY GIFT FOR THE PURPOSES OF THIS ARTICLE. ANY MONIES SO RECEIVED MAY
18 BE EXPENDED BY THE ADVISORY GROUP TO EFFECTUATE ANY PURPOSE OF THIS
19 ARTICLE, SUBJECT TO THE APPLICABLE PROVISIONS OF THE STATE FINANCE LAW;
20 6. CONDUCT PUBLIC HEARINGS WITH RESPECT TO ANY MATTER WITHIN THE SCOPE
21 OF ITS FUNCTIONS, POWERS AND DUTIES;
22 7. ADOPT, AMEND AND REPEAL BY-LAWS GOVERNING ITS ORGANIZATION AND
23 OPERATION AND SUCH RULES AND REGULATIONS, CONSISTENT WITH THIS ARTICLE,
24 AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE; AND
25 8. DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS
26 FUNCTIONS, POWERS AND DUTIES UNDER THIS ARTICLE.
27 S 48-0109. AGENCY RESPONSIBILITIES.
28 1. EACH STATE AGENCY THAT ENGAGES IN ACTIVITIES OR OPERATIONS THAT
29 HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, INCLUDING BUT NOT LIMITED
30 TO THROUGH THE ADOPTION OF RULES AND REGULATIONS, ISSUANCE OF PERMITS,
31 ACQUISITION OR MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER-
32 TAKING OF PROJECTS, SHALL BE GUIDED IN ITS DECISION MAKING ON SUCH
33 ACTIVITIES OR OPERATIONS BY AN ENVIRONMENTAL JUSTICE POLICY. EACH SUCH
34 AGENCY SHALL ADOPT RULES AND REGULATIONS SETTING FORTH ITS ENVIRONMENTAL
35 JUSTICE POLICY NOT LATER THAN SIX MONTHS AFTER THE ADOPTION OF A MODEL
36 ENVIRONMENTAL JUSTICE POLICY PURSUANT TO SECTION 48-0107 OF THIS ARTI-
37 CLE. THE AGENCY THEREAFTER SHALL COMPLY IN ALL RESPECTS WITH THE ENVI-
38 RONMENTAL JUSTICE POLICY SET FORTH IN ITS RULES AND REGULATIONS;
39 PROVIDED, HOWEVER, THAT IN THE ABSENCE OF SUCH RULES AND REGULATIONS,
40 THE AGENCY SHALL COMPLY IN ALL RESPECTS WITH THE MODEL ENVIRONMENTAL
41 JUSTICE POLICY.
42 2. EACH STATE AGENCY SUBJECT TO THE REQUIREMENTS OF SUBDIVISION ONE OF
43 THIS SECTION SHALL:
44 (A) APPOINT A STAFF MEMBER OF THE AGENCY TO SERVE AS ENVIRONMENTAL
45 JUSTICE COORDINATOR, TO PROVIDE INFORMATION TO THE PUBLIC ON THE POLI-
46 CIES, ACTIVITIES AND OPERATIONS OF THE AGENCY RELATED TO ENVIRONMENTAL
47 JUSTICE AND TO ACT AS LIAISON TO THE ENVIRONMENTAL JUSTICE ADVISORY
48 GROUP;
49 (B) NOTIFY THE ADVISORY GROUP OF THE APPOINTMENT OF AN ENVIRONMENTAL
50 JUSTICE COORDINATOR; AND
51 (C) DEVELOP AN ENVIRONMENTAL JUSTICE TRAINING PLAN WHICH INCLUDE THE
52 PROVISION OF WORKSHOPS AND WRITTEN MATERIALS TO APPROPRIATE STAFF
53 REGARDING ENVIRONMENTAL JUSTICE AND IMPLEMENTATION OF THE AGENCY'S ENVI-
54 RONMENTAL JUSTICE POLICY.
A. 1577 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 S 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 S 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 S 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.
