Assembly Bill A8432

                                BILL NUMBER:A8432A

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

PURPOSE:development and enforcement of environmental

laws, regulations and policies This bill will ensure that the environ-
mental philosophy and policy which guides the State of New York provides
environmental justice for all people.

SUMMARY OF PROVISIONS:  Bill §1 amends the declaration of policy state-
ment in §1-0101(1) of the Environmental Conservation Law (ECL) to ensure
that all people, regardless of race, culture, national origin, income or
community of residence, shall be treated equally with respect to devel-
opment, implementation and enforcement of environmental laws, regu-
lations, and policies, and should be free from any disproportionate
exposure or risk of exposure to pollution and from the cumulative nega-
tive impacts resulting from over-concentration of polluted sites or
regulated environmental facilities, nor should people be deprived of
locally accessible open space or other environmental benefits due to
lack of political or economic strength.

Bill §2 further amends the declaration of policy to remove an unintended
gender bias in ECL §1-0101(3),
              

SUMMARY OF PROVISIONS:  Bill §1 is amended to more closely align the
policy statement in §1-0101 with environmental justice policies adopted
by other states and other levels of government.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  The ECL currently
does not address environmental justice concerns.

JUSTIFICATION:  In 1987 the Commission for Racial Justice of the United
Church of Christ published a study which found that minority and low-in-
come 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 was a result of differential levels of political and
economic resources available to these communities.

Over the past two decades, it has become apparent that (as described by
the US Environmental Protection Agency): "Environmental Justice is the
fair treatment and meaningful involvement of all people regardless of
race, color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies." It is also increasingly recognized that all people should be
free from disproportionate exposures or risks of exposure to pollution,
including from the disparate concentration of contaminated sites or
hazardous operations in their neighborhoods, and that environmental

benefits should be equitably distributed. This bill would establish
these worthy principles in the ECL.

PRIOR LEGISLATIVE HISTORY:  S.2350 (2007-08): referred to Senate Envi-
ronmental Conservation Committee.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.