senate Bill S193

Declares a policy of equal treatment in development and enforcement of environmental laws, regulations and policies

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Declares a policy of equal treatment of people of all races, cultures, religions, incomes, education levels and sexual preference in the development and enforcement of environmental laws, regulations and policies.

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Bill Details

Versions:
S193
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง1-0101, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2390
2009-2010: S4407

Sponsor Memo

BILL NUMBER:S193

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to declaring a
policy of equal treatment in development and enforcement of
environmental laws, regulations and policies

PURPOSE:
This bill will ensure that the environmental philosophy and policy
which guides the State of New York provides environmental justice for
all people regardless of their political or economic strength.

SUMMARY OF PROVISIONS:
Section one amends the declaration of policy statement in the general
provisions of the environmental conservation law to ensure that
people of all races, cultures, religions, incomes, education levels
and sexual preferences are treated equally with respect to our
State's environmental laws; and that no population is forced to be
disproportionately exposed to pollution or be deprived of locally
accessible open space. The declaration of policy is further amended
to remove an unintended gender bias in subdivision 3 of section
1-0101 of the environmental conservation law.

EXISTING LAW:
Existing law does not explicitly provide for environmental justice
considerations.

JUSTIFICATION:
In 1987 the Commission for Racial Justice of the United Church of
Christ published a study which found that minority and low-income
communities are disproportionately affected by exposure to pollution
from environmental hazards. This study found that minority
neighborhoods, even more than poor neighborhoods, are saddled with an
unfair share of incinerators, dumps, factories and other sources of
pollution. This is a condition and practice known as "environmental
racism." As the City of New York embarks on finding new locations for
solid waste transfer operations, the prospect looms that minority
communities will be exposed to even more pollution. This will happen
at the expense of losing opportunities for creating new open spaces
in neighborhoods terribly underserved by neighborhood green spaces.

Without being unduly restrictive, this broadly applicable law would
provide environmental justice to minority and disadvantaged
communities by affirming their legal right to equal protection under
the law to a healthy and clean environment. Opportunities for
economic growth and
prosperity in disadvantaged communities would not be precluded by this
legislation.

LEGISLATIVE HISTORY:
2007 Referred to Environmental Conservation
2008 Referred to Environmental Conservation
2010 Passed Senate (S.4407)
2011 REFERRED TO ENVIRONMENTAL CONSERVATION
2012 REFERRED TO ENVIRONMENTAL CONSERVATION


FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   193

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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
  declaring  a  policy of equal treatment in development and enforcement
  of environmental laws, regulations and policies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 1 of section 1-0101 of
the  environmental  conservation law is designated paragraph a and a new
paragraph b is added to read as follows:
  B. IT IS FURTHER THE POLICY OF THE STATE OF NEW YORK  THAT  PEOPLE  OF
ALL  RACES,  CULTURES,  RELIGIONS,  INCOMES, EDUCATION LEVELS AND SEXUAL
PREFERENCE BE TREATED  EQUALLY  WITH  RESPECT  TO  THE  DEVELOPMENT  AND
ENFORCEMENT  OF  ENVIRONMENTAL  LAWS,  REGULATIONS AND POLICIES. IT IS A
BASIC RIGHT OF ALL NEW YORKERS TO LIVE  AND  WORK  IN  SAFE,  HEALTHFUL,
PRODUCTIVE  AND AESTHETICALLY AND CULTURALLY PLEASING SURROUNDINGS. THIS
POLICY IS BASED ON THE CONCEPT OF FUNDAMENTAL  FAIRNESS,  WHICH  IMPLIES
THAT  NO POPULATION SHOULD BE FORCED TO BEAR A DISPROPORTIONATE SHARE OF
EXPOSURE TO THE NEGATIVE EFFECTS OF POLLUTION OR BE DEPRIVED OF  LOCALLY
ACCESSIBLE OPEN SPACE DUE TO LACK OF POLITICAL OR ECONOMIC STRENGTH.
  S  2.  The opening paragraph of subdivision 3 of section 1-0101 of the
environmental conservation law is amended to read as follows:
  It shall further be the policy of the state to foster, promote, create
and maintain conditions under which [man] PEOPLE and nature  can  thrive
in  harmony with each other, and achieve social, economic and technolog-
ical progress for present and future generations by:
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00244-01-3

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