Bill Text: NY S02385 | 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 7-0)
Status: (Passed) 2019-12-23 - APPROVAL MEMO.81 [S02385 Detail]
Download: New_York-2019-S02385-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2385 2019-2020 Regular Sessions IN SENATE January 24, 2019 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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. 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 21 of the negative environmental consequences resulting from industrial, 22 municipal or commercial operations, or the execution of federal, state, 23 local or tribal programs and policies. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04712-01-9S. 2385 2 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 be provided as early 13 as possible in the decision making process prior to the selection of a 14 preferred course of action by federal, state, local or tribal agencies; 15 that they provide full, timely and accessible disclosure and sharing of 16 information by the government agency or agencies involved, including the 17 provision of technical data and the assumptions upon which any analyses 18 are based; and that they allow all people, regardless of race, color, 19 religion, national origin or income, the opportunity to have their views 20 heard and considered, including opportunities for two-way dialogue. 21 § 48-0103. Definitions. 22 As used in this article: 23 1. "Advisory group" means the permanent environmental justice advisory 24 group established by section 48-0105 of this article. 25 2. "Agency" means any department, board, bureau, commission, division, 26 office, council, committee or officer of the state, or any public 27 authority or public benefit corporation at least one of whose members is 28 appointed by the governor. 29 3. "Environmental justice" means the fair treatment and meaningful 30 involvement of all people regardless of race, color, religion, national 31 origin or income with respect to the development, implementation and 32 enforcement of laws, regulations and policies affecting the quality of 33 the environment. 34 4. "Fair treatment" means that no group of people, including a racial, 35 ethnic or socioeconomic group, should be disproportionately exposed to 36 pollution or bear a disproportionate share of the negative environmental 37 consequences resulting from industrial, municipal and commercial oper- 38 ations or the execution of federal, state, local and tribal programs and 39 policies, and further means that no such group of people should suffer 40 from inequitable allocation of public resources or financial assistance 41 for environmental protection and stewardship, including environmental 42 remediation, pollution prevention, open space acquisition and other 43 protection and stewardship activities. 44 5. "Meaningful involvement" means the provision of opportunities for 45 citizen participation in decision making that are as reflective of the 46 diversity of interests and perspective found within the affected commu- 47 nity as possible, including those of racial, ethnic and socioeconomic 48 groups; that are provided as early as possible in the decision making 49 process prior to the selection of a preferred course of action by a 50 decision making agency or agencies; that provide full, timely and acces- 51 sible disclosure and sharing of information by the government agency or 52 agencies involved, including the provision of technical data and the 53 assumptions upon which any analyses are based; and that allow all 54 people, regardless of race, color, religion, national origin or income, 55 the opportunity to have their views heard and considered, including 56 opportunities for two-way dialogue.S. 2385 3 1 § 48-0105. Permanent environmental justice advisory group. 2 1. The permanent environmental justice advisory group is hereby estab- 3 lished in the department to consist of seventeen members, as follows: 4 (a) Five members shall be representatives of community-based organiza- 5 tions that advise or assist minority and low-income communities on envi- 6 ronmental matters. 7 (b) Four members shall be representatives of businesses that hold 8 permits or otherwise operate subject to this chapter. 9 (c) Two members shall be representatives of environmental conservation 10 offices of local government. 11 (d) The remaining members shall be representatives of state or 12 national organizations promoting environmental conservation, research- 13 ers, educators and members of the general public. 14 (e) One of the members appointed pursuant to each of paragraphs (a), 15 (b), (c) and (d) of this subdivision shall be appointed by the temporary 16 president of the senate, and one of the members appointed pursuant to 17 each of paragraphs (a), (b), (c) and (d) of this subdivision shall be 18 appointed by the speaker of the assembly. One member shall be appointed 19 by the minority leader of the senate and one member shall be appointed 20 by the minority leader of the assembly. The remaining members appointed 21 pursuant to this subdivision shall be appointed by the governor. The 22 replacement of any member shall be in accordance with the provisions 23 contained in this section for appointment of members. 24 2. (a) Each member of the advisory group shall serve for a term of 25 four years or until his or her successor is appointed. A member 26 appointed to fill a vacancy shall serve the remainder of the term of the 27 member he or she is appointed to succeed. The members of the advisory 28 group shall receive no compensation for their services but shall be 29 reimbursed for their expenses actually and necessarily incurred in the 30 performance of their duties hereunder. 31 (b) The advisory group shall select a chair from among the members. 32 The advisory group shall meet as frequently as necessary, but not less 33 than three times per year. Such meetings shall be held at such locations 34 as the advisory group may determine. All such meetings shall be subject 35 to the open meetings law. At least one meeting annually shall be held 36 jointly with the environmental justice interagency coordinating council 37 established pursuant to section 48-0111 of this article. Each member of 38 the advisory group shall be entitled to designate in writing a represen- 39 tative to attend meetings in his or her place and to vote or otherwise 40 act on his or her behalf in his or her absence. 41 (c) Staff services for the advisory group shall be performed, insofar 42 as practicable, by personnel of the department. The advisory group may 43 request and shall receive from any state agency such assistance and data 44 as will enable it properly to carry out its activities hereunder and 45 effectuate the purposes set forth herein. 46 § 48-0107. Powers and duties. 47 The advisory group shall have the power and duty to: 48 1. adopt a model environmental justice policy applicable generally to 49 state agencies that engage in activities or operations that may have a 50 significant effect on the environment, including but not limited to 51 through the adoption of rules and regulations, issuance of permits, 52 acquisition or maintenance of property, or approval, funding or under- 53 taking of projects. Such policy shall be adopted not later than one year 54 after the effective date of this article. The advisory group shall 55 develop the model policy in consultation with representatives of minori- 56 ty and low-income communities, regulated parties, the environmentalS. 2385 4 1 justice interagency coordinating council and other state agencies and 2 the public and shall hold a public hearing thereon in each judicial 3 department. Notice of such hearings and notice of the adoption of the 4 model policy shall be published in the state register; 5 2. advise state agencies of their responsibilities under section 6 48-0109 of this article; 7 3. monitor compliance with the environmental justice policies of state 8 agencies, make recommendations to the governor, legislature and state 9 agencies on measures to improve such policies, and report not less than 10 annually on the extent to which agencies are in compliance with the 11 requirements of this article and other state laws and Federal laws and 12 regulations relating to environmental justice; 13 4. provide comments on any proposed rule, regulation or policy of a 14 state or federal agency related to environmental justice; 15 5. accept, as agent of the state, any grant including federal grants 16 or any gift for the purposes of this article. Any monies so received may 17 be expended by the advisory group to effectuate any purpose of this 18 article, subject to the applicable provisions of the state finance law; 19 6. conduct public hearings with respect to any matter within the scope 20 of its functions, powers and duties; 21 7. adopt, amend and repeal by-laws governing its organization and 22 operation and such rules and regulations, consistent with this article, 23 as it deems necessary to administer this article; and 24 8. do any and all things necessary or convenient to carry out its 25 functions, powers and duties under this article. 26 § 48-0109. Agency responsibilities. 27 1. Each state agency that engages in activities or operations that 28 have a significant effect on the environment, including but not limited 29 to through the adoption of rules and regulations, issuance of permits, 30 acquisition or maintenance of property, or approval, funding or under- 31 taking of projects, shall be guided in its decision making on such 32 activities or operations by an environmental justice policy. Each such 33 agency shall adopt rules and regulations setting forth its environmental 34 justice policy not later than six months after the adoption of a model 35 environmental justice policy pursuant to section 48-0107 of this arti- 36 cle. The agency thereafter shall comply in all respects with the envi- 37 ronmental justice policy set forth in its rules and regulations; 38 provided, however, that in the absence of such rules and regulations, 39 the agency shall comply in all respects with the model environmental 40 justice policy. 41 2. Each state agency subject to the requirements of subdivision one of 42 this section shall: 43 (a) appoint a staff member of the agency to serve as environmental 44 justice coordinator, to provide information to the public on the poli- 45 cies, activities and operations of the agency related to environmental 46 justice and to act as liaison to the environmental justice advisory 47 group; 48 (b) notify the advisory group of the appointment of an environmental 49 justice coordinator; and 50 (c) develop an environmental justice training plan which includes the 51 provision of workshops and written materials to appropriate staff 52 regarding environmental justice and implementation of the agency's envi- 53 ronmental justice policy. 54 3. This section shall apply to any state agency notwithstanding any 55 exemption such agency may have from other laws, including but not limit- 56 ed to any exemption from article eight of this chapter.S. 2385 5 1 § 48-0111. Environmental justice interagency coordinating council. 2 1. There is hereby established an environmental justice interagency 3 coordinating council which shall have the power and duty to: 4 (a) coordinate the activities of agencies required to adopt an envi- 5 ronmental justice policy pursuant to section 48-0109 of this article in 6 development and implementation of such policies; 7 (b) make annual reports to the governor and the legislature concerning 8 the implementation and effectiveness of agency environmental justice 9 policies, including the adequacy of funding available and difficulties 10 encountered; and 11 (c) serve as a clearinghouse for state agencies and the public for 12 information on environmental justice policies, environmental justice 13 coordinators in state agencies and related activities of state agencies, 14 and maintain information services, including but not limited to an 15 Internet site and a toll-free telephone number, to inform the public on 16 environmental justice. 17 2. The environmental justice coordinating council shall include the 18 commissioner; the commissioner of the department of economic develop- 19 ment; the commissioner of the department of transportation; the presi- 20 dent of the environmental facilities corporation; the president of the 21 New York State energy research and development authority; the chairman 22 of the public service commission; the chairman of the power authority of 23 the State of New York; the executive director of the New York State 24 office of science, technology and academic research; or their designees; 25 and every staff member chosen by an agency to serve as environmental 26 justice coordinator pursuant to section 48-0109 of this article. The 27 council shall consult with the permanent environmental justice advisory 28 group; representatives of minority and low-income communities, including 29 community-based organizations that advise or assist minority and low-in- 30 come communities on environmental matters; representatives of businesses 31 that hold permits or otherwise operate subject to this chapter; repre- 32 sentatives of local governments; representatives of local, state, or 33 national organizations promoting environmental conservation; researchers 34 and educators; and any other parties the council deems appropriate. 35 3. The coordinating council shall meet at least quarterly and shall 36 designate one of its members to serve as chairperson and one of its 37 members to serve as secretary for the development and dissemination of 38 minutes and reports. All such meetings shall be subject to the open 39 meetings law. At least one meeting annually shall be held jointly with 40 the permanent environmental justice advisory group established pursuant 41 to section 48-0105 of this article. Each member shall be entitled to 42 designate in writing a representative to attend meetings in his or her 43 place and to vote or otherwise act on his or her behalf in his or her 44 absence. 45 § 48-0113. Separability. 46 If any clause, sentence, paragraph, section or part of this article 47 shall be adjudged by any court of competent jurisdiction to be invalid, 48 the judgment shall not affect, impair or invalidate the remainder there- 49 of, but shall be confined in its operation to the clause, sentence, 50 paragraph, section or part thereof directly involved in the controversy 51 in which the judgment shall have been rendered. 52 § 2. This act shall take effect on the first of January next succeed- 53 ing the date on which it shall have become a law.
