Bill Text: NY A08960 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a permanent environmental justice advisory group and an environmental justice interagency coordinating council.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2020-04-17 - signed chap.28 [A08960 Detail]

Download: New_York-2019-A08960-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8960

                   IN ASSEMBLY

                                     January 6, 2020
                                       ___________

        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee 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. Article 48 of the environmental conservation law, as added
     2  by a chapter of the laws of 2019, amending the  environmental  conserva-
     3  tion  law  relating  to  establishing  a permanent environmental justice
     4  advisory group and an  environmental  justice  interagency  coordinating
     5  council,  as  proposed in legislative bills numbers S. 2385 and A. 1564,
     6  is amended to read as follows:
     7                                 ARTICLE 48
     8                            ENVIRONMENTAL JUSTICE
     9  Section 48-0101. Declaration of policy.
    10          48-0103. Definitions.
    11          48-0105. Permanent environmental justice advisory group.
    12          48-0107. Powers and duties.
    13          48-0109. Agency responsibilities.
    14          48-0111. Environmental justice interagency coordinating council.
    15          48-0113. Separability.
    16  § 48-0101. Declaration of policy.
    17    1. It is hereby declared to be the  policy  of  this  state  that  all
    18  people,  regardless of race, color, religion, national origin or income,
    19  have a right to fair treatment and meaningful involvement in the  devel-
    20  opment, implementation and enforcement of laws, regulations and policies
    21  that affect the quality of the environment.
    22    2.  It  shall  further  be  the  policy  of the state that no group of
    23  people, including a racial, ethnic or  socioeconomic  group,  should  be
    24  disproportionately exposed to pollution or bear a disproportionate share
    25  of  the  negative  environmental consequences resulting from industrial,
    26  municipal  or  commercial  operations,  or  the  execution  of  federal,
    27  state[,] or local [or tribal] programs and policies.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04712-02-9

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     1    3.  It  shall  further  be  the  policy  of the state that no group of
     2  people, including a racial, ethnic or socioeconomic group, should suffer
     3  from inequitable allocation of public resources or financial  assistance
     4  for  environmental  protection  and stewardship, including environmental
     5  remediation,  pollution  prevention, open space acquisition and/or other
     6  protection and stewardship activities.
     7    4. It shall further be the policy of the state that opportunities  for
     8  citizen involvement in the development[, implementation and enforcement]
     9  of  laws,  regulations and policies that affect the quality of the envi-
    10  ronment be as reflective of the diversity of interests  and  perspective
    11  found  within  the  affected  community  as possible, including those of
    12  racial, ethnic and socioeconomic groups; that [they] such  opportunities
    13  be  provided  as early as possible in the decision making process [prior
    14  to the selection of a preferred course  of  action  by  federal,  state,
    15  local  or tribal agencies]; that [they] such opportunities provide full,
    16  timely and accessible disclosure of public records and sharing of infor-
    17  mation by the government agency  or  agencies  involved,  including  the
    18  provision  of technical data and the assumptions upon which any analyses
    19  are based; and that [they] such opportunities allow all people,  regard-
    20  less  of  race, color, religion, national origin or income, the opportu-
    21  nity to have their views heard and considered,  including  opportunities
    22  for two-way dialogue.
    23  § 48-0103. Definitions.
    24    As used in this article:
    25    1. "Advisory group" means the permanent environmental justice advisory
    26  group established by section 48-0105 of this article.
    27    2. "Agency" means any state department, agency, board, bureau, commis-
    28  sion, division, office, council[, committee or officer of the state], or
    29  any  public  authority  or  public  benefit corporation [at least one of
    30  whose members is appointed by the governor].
    31    3. "Environmental justice" means the  fair  treatment  and  meaningful
    32  involvement  of all people regardless of race, color, religion, national
    33  origin or income with respect to  the  development,  implementation  and
    34  enforcement  of  laws, regulations and policies affecting the quality of
    35  the environment.
    36    4. "Fair treatment" means that no group of people, including a racial,
    37  ethnic or socioeconomic group, should be disproportionately  exposed  to
    38  pollution or bear a disproportionate share of the negative environmental
    39  consequences  resulting from [industrial, municipal and commercial oper-
    40  ations or the] execution of federal, state[,]  and  local  [and  tribal]
    41  programs  and  policies,  and further means that no such group of people
    42  should suffer from inequitable allocation of public resources or  finan-
    43  cial  assistance for environmental protection and stewardship, including
    44  environmental remediation, pollution prevention, open space  acquisition
    45  and other protection and stewardship activities.
    46    5.  "Meaningful  involvement" means the provision of opportunities for
    47  citizen participation in decision making that are as reflective  of  the
    48  diversity  of interests and perspective found within the affected commu-
    49  nity as possible, including those of racial,  ethnic  and  socioeconomic
    50  groups;  that  are  provided as early as possible in the decision making
    51  process [prior to the selection of a preferred course  of  action  by  a
    52  decision  making  agency  or  agencies];  that  provide full, timely and
    53  accessible disclosure of public records and sharing  of  information  by
    54  the  government  agency or agencies involved, including the provision of
    55  technical data and the assumptions upon which any  analyses  are  based;
    56  and that allow all people, regardless of race, color, religion, national

        A. 8960                             3

     1  origin  or income, the opportunity to have their views heard and consid-
     2  ered, including opportunities for two-way dialogue.
     3  § 48-0105. Permanent environmental justice advisory group.
     4    1. The permanent environmental justice advisory group is hereby estab-
     5  lished  in  the department to consist of [seventeen] sixteen members, as
     6  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[.]; and
    10    (b) Four members shall be  representatives  of  businesses  that  hold
    11  state-issued permits or otherwise operate subject to this chapter.
    12    [(c)  Two  members shall be representatives of environmental conserva-
    13  tion 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)] (c) One of the members appointed pursuant to each  of  paragraphs
    18  (a)[,]  and (b)[, (c) and (d)] of this subdivision shall be appointed by
    19  the temporary president of the senate, and one of the members  appointed
    20  pursuant  to  each  of  paragraphs (a)[,] and (b)[, (c) and (d)] of this
    21  subdivision shall be appointed by the speaker  of  the  assembly.    One
    22  member  shall  be appointed by the minority leader of the senate and one
    23  member shall be appointed by the minority leader of  the  assembly.  The
    24  remaining  members  shall be representatives of state or national organ-
    25  izations promoting environmental  conservation,  researchers,  educators
    26  and  members  of  the  general  public.  The  [remaining]  other members
    27  appointed pursuant to this subdivision shall be appointed by the  gover-
    28  nor.  The  replacement  of  any  member  shall be in accordance with the
    29  provisions contained in this section for appointment of members.
    30    2. (a) Each member of the advisory group shall serve  for  a  term  of
    31  four  years  or  until  his  or  her  successor  is  appointed. A member
    32  appointed to fill a vacancy shall serve the remainder of the term of the
    33  member he or she is appointed to succeed. The members  of  the  advisory
    34  group  shall  receive  no  compensation  for their services but shall be
    35  reimbursed for their expenses actually and necessarily incurred  in  the
    36  performance of their duties hereunder.
    37    (b)  The  advisory  group shall select a chair from among the members.
    38  The advisory group shall meet as frequently as necessary, but  not  less
    39  than three times per year. Such meetings shall be held at such locations
    40  as  the advisory group may determine. All such meetings shall be subject
    41  to the open meetings law. At least one meeting annually  shall  be  held
    42  jointly  with the environmental justice interagency coordinating council
    43  established pursuant to section 48-0111 of this article. [Each member of
    44  the advisory group shall be entitled to designate in writing a represen-
    45  tative to attend meetings in his or her place and to vote  or  otherwise
    46  act on his or her behalf in his or her absence.
    47    (c)  Staff services for the advisory group shall be performed, insofar
    48  as practicable, by personnel of the department. The advisory  group  may
    49  request and shall receive from any state agency such assistance and data
    50  as  will  enable  it  properly to carry out its activities hereunder and
    51  effectuate the purposes set forth herein.]
    52  § 48-0107. Powers and duties.
    53    The advisory group shall have the power and duty to:
    54    1. adopt a model environmental justice policy applicable generally  to
    55  state  agencies  that engage in activities or operations that may have a
    56  significant effect on the environment,  including  but  not  limited  to

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     1  through  the  adoption  of  rules  and regulations, issuance of permits,
     2  acquisition or maintenance of property, or approval, funding  or  under-
     3  taking of projects. Such policy shall be adopted not later than one year
     4  after  the  effective  date  of  this  article. The advisory group shall
     5  develop the model policy in consultation with representatives of minori-
     6  ty and low-income  communities,  regulated  parties,  the  environmental
     7  justice  interagency  coordinating  council and other state agencies and
     8  the public and shall hold a public  hearing  thereon  in  each  judicial
     9  department.  Notice  of  such hearings and notice of the adoption of the
    10  model policy shall be published in the state register;
    11    2. [advise state agencies  of  their  responsibilities  under  section
    12  48-0109 of this article;
    13    3. monitor compliance with the environmental justice policies of state
    14  agencies,]  make  recommendations to the governor, legislature and state
    15  agencies on measures to improve such policies[, and report not less than
    16  annually on the extent to which agencies  are  in  compliance  with  the
    17  requirements  of  this article and other state laws and Federal laws and
    18  regulations relating to environmental justice];
    19    [4.] 3. provide comments on any proposed rule, regulation or policy of
    20  a state or federal agency related to environmental justice;
    21    [5. accept, as agent of the state, any grant including federal  grants
    22  or any gift for the purposes of this article. Any monies so received may
    23  be  expended  by  the  advisory  group to effectuate any purpose of this
    24  article, subject to the applicable provisions of the state finance law;
    25    6.] 4. conduct public hearings with respect to any matter  within  the
    26  scope of its functions, powers and duties; and
    27    [7.] 5. adopt, amend and repeal by-laws governing its organization and
    28  operation [and such rules and regulations, consistent with this article,
    29  as it deems necessary to administer this article; and
    30    8.  do  any  and  all  things necessary or convenient to carry out its
    31  functions, powers and duties under this article].
    32  § 48-0109. Agency responsibilities.
    33    1. Each state agency that engages in  activities  or  operations  that
    34  have  a significant effect on the environment, including but not limited
    35  to through the adoption of rules and regulations, issuance  of  permits,
    36  acquisition  or  maintenance of property, or approval, funding or under-
    37  taking of projects, shall be guided  in  its  decision  making  on  such
    38  activities  or  operations by an environmental justice policy. Each such
    39  agency shall adopt rules and regulations setting forth its environmental
    40  justice policy not later than [six months] two years after the  adoption
    41  of  a  model environmental justice policy pursuant to section 48-0107 of
    42  this article. [The agency thereafter shall comply in all  respects  with
    43  the environmental justice policy set forth in its rules and regulations;
    44  provided,  however,  that  in the absence of such rules and regulations,
    45  the agency shall comply in all respects  with  the  model  environmental
    46  justice policy.]
    47    2. Each state agency subject to the requirements of subdivision one of
    48  this section shall:
    49    (a)  appoint  a  staff  member of the agency to serve as environmental
    50  justice coordinator, to provide information to the public on  the  poli-
    51  cies,  activities  and operations of the agency related to environmental
    52  justice and to act as liaison  to  the  environmental  justice  advisory
    53  group;
    54    (b)  notify  the advisory group of the appointment of an environmental
    55  justice coordinator; and

        A. 8960                             5

     1    (c) develop an environmental justice training plan which includes  the
     2  provision  of  workshops  and  written  materials  to  appropriate staff
     3  regarding environmental justice and implementation of the agency's envi-
     4  ronmental justice policy.
     5    [3.  This  section shall apply to any state agency notwithstanding any
     6  exemption such agency may have from other laws, including but not limit-
     7  ed to any exemption from article eight of this chapter.]
     8  § 48-0111. Environmental justice interagency coordinating council.
     9    1. There is hereby established an  environmental  justice  interagency
    10  coordinating council which shall have the power and duty to:
    11    (a)  coordinate  the activities of agencies required to adopt an envi-
    12  ronmental justice policy pursuant to section 48-0109 of this article  in
    13  development and implementation of such policies; and
    14    (b)  [make annual reports to the governor and the legislature concern-
    15  ing the implementation and effectiveness of agency environmental justice
    16  policies, including the adequacy of funding available  and  difficulties
    17  encountered; and
    18    (c)]  serve  as  a clearinghouse for state agencies and the public for
    19  information on environmental  justice  policies,  environmental  justice
    20  coordinators in state agencies and related activities of state agencies,
    21  and  maintain  information  services,  including  but  not limited to an
    22  Internet site and a toll-free telephone number, to inform the public  on
    23  environmental justice.
    24    2.  The  environmental  justice coordinating council shall include the
    25  commissioner; the commissioner of the department  of  economic  develop-
    26  ment;  the  commissioner of the department of transportation; the presi-
    27  dent of the environmental facilities corporation; the president  of  the
    28  New  York  State energy research and development authority; the chairman
    29  of the public service commission; the chairman of the power authority of
    30  the State of New York; [the executive director of  the  New  York  State
    31  office  of  science,  technology and academic research;] or their desig-
    32  nees; and every staff member chosen by an agency to  serve  as  environ-
    33  mental  justice coordinator pursuant to section 48-0109 of this article.
    34  The council shall consult with the permanent environmental justice advi-
    35  sory group; representatives  of  minority  and  low-income  communities,
    36  including  community-based  organizations that advise or assist minority
    37  and low-income communities on environmental matters; representatives  of
    38  businesses  that  hold state-issued permits or otherwise operate subject
    39  to this chapter; representatives of local  governments;  representatives
    40  of  local,  state,  or  national  organizations  promoting environmental
    41  conservation; researchers and educators; and any other parties the coun-
    42  cil deems appropriate.
    43    3. The coordinating council shall meet at least [quarterly] bi-annual-
    44  ly and shall designate one of its members to serve  as  chairperson  and
    45  one of its members to serve as secretary for the development and dissem-
    46  ination  of  minutes  and reports. All such meetings shall be subject to
    47  the open meetings law. At least  one  meeting  annually  shall  be  held
    48  jointly  with  the permanent environmental justice advisory group estab-
    49  lished pursuant to section 48-0105 of this article. Each member shall be
    50  entitled to designate in writing a representative to attend meetings  in
    51  his  or  her  place and to vote or otherwise act on his or her behalf in
    52  his or her absence.
    53  § 48-0113. Separability.
    54    If any clause, sentence, paragraph, section or part  of  this  article
    55  shall  be adjudged by any court of competent jurisdiction to be invalid,
    56  the judgment shall not affect, impair or invalidate the remainder there-

        A. 8960                             6

     1  of, but shall be confined in its  operation  to  the  clause,  sentence,
     2  paragraph,  section or part thereof directly involved in the controversy
     3  in which the judgment shall have been rendered.
     4    §  2.  This  act  shall  take  effect on the same date and in the same
     5  manner as a chapter of the laws  of  2019,  amending  the  environmental
     6  conservation  law  relating  to  establishing  a permanent environmental
     7  justice advisory group and an environmental justice interagency  coordi-
     8  nating  council, as proposed in legislative bills numbers S. 2385 and A.
     9  1564, takes effect.
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