S T A T E O F N E W Y O R K
________________________________________________________________________
4874
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. COOK, PEOPLES, BRODSKY -- Multi-Sponsored by --
M. of A. AUBRY, BOYLAND, CLARK, GOTTFRIED, HOOPER, LUPARDO, SCHROEDER
-- read once and referred to the Committee on Environmental Conserva-
tion
AN ACT to amend the environmental conservation law, in relation to
creating the task force on environmental justice
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declarations. The legislature
hereby declares that it is the policy of the state to ensure the equita-
ble distribution of environmental benefits and the fair and responsible
avoidance of human health and environmental risks to all of New York's
citizens and communities.
The legislature further finds that racial and ethnic minority popu-
lations and low income communities bear a disproportionate share of the
health and environmental burdens and risks caused by polluted air and
contaminated water and by solid waste landfills, hazardous waste facili-
ties, wastewater treatment plants, waste incinerators and other
projects.
The legislature finds that such disproportionate share of burdens and
risks may be the result of, among other things, demographic, local
zoning and siting decisions, the failure to consider fully cumulative
impacts during environmental review and past invidious discrimination.
The legislature further finds that state and local government must
identify and minimize to the fullest extent practicable, dispropor-
tionate adverse human health and environmental effects caused or wors-
ened by their programs, policies and activities in order to achieve
environmental justice.
S 2. The environmental conservation law is amended by adding a new
article 6 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01220-01-9
A. 4874 2
ARTICLE 6
TASK FORCE ON ENVIRONMENTAL JUSTICE
SECTION 6-0101. DEFINITIONS.
6-0103. TASK FORCE ON ENVIRONMENTAL JUSTICE.
6-0105. ENVIRONMENTAL JUSTICE STRATEGY.
6-0107. REPORTS.
S 6-0101. DEFINITIONS.
AS USED IN THIS ARTICLE: 1. "AGENCY" SHALL MEAN ANY STATE DEPARTMENT,
DIVISION, BOARD, COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT, OR ANY
PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE
MEMBERS IS APPOINTED BY THE GOVERNOR.
2. "ENVIRONMENTAL JUSTICE COORDINATOR" SHALL MEAN THE AGENCY OFFICER
DESIGNATED BY THE HEAD OF EACH AGENCY TO DEVELOP THE AGENCY'S ENVIRON-
MENTAL JUSTICE STRATEGY PURSUANT TO THIS ARTICLE AND TO ENSURE ITS
EFFECTIVE AND CONSISTENT IMPLEMENTATION.
S 6-0103. TASK FORCE ON ENVIRONMENTAL JUSTICE.
1. (A) THERE IS HEREBY CREATED AN INTERAGENCY TASK FORCE ON ENVIRON-
MENTAL JUSTICE. THE TASK FORCE SHALL CONSIST OF TWENTY-FIVE MEMBERS
APPOINTED BY THE GOVERNOR AS FOLLOWS:
(1) THE COMMISSIONER, WHO SHALL SERVE AS THE CHAIRPERSON OF THE TASK
FORCE;
(2) THE COMMISSIONER OF THE DEPARTMENT OF LABOR OR SUCH PERSON'S
DESIGNEE;
(3) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH OR SUCH PERSON'S
DESIGNEE;
(4) THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT OR SUCH
PERSON'S DESIGNEE;
(5) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS OR
SUCH PERSON'S DESIGNEE;
(6) SEVEN MEMBERS APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF
THE ASSEMBLY;
(7) SEVEN MEMBERS APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY
PRESIDENT OF THE SENATE;
(8) THREE MEMBERS APPOINTED ON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE; AND
(9) THREE MEMBERS APPOINTED ON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE ASSEMBLY.
(B) OF THE MEMBERS, NOT INCLUDING THE COMMISSIONERS OR THEIR DESIG-
NEES, EIGHT SHALL BE REPRESENTATIVE OF RACIAL AND ETHNIC MINORITIES OR
LOW-INCOME COMMUNITIES; FIVE SHALL BE REPRESENTATIVE OF ACADEMIC INSTI-
TUTIONS WHO POSSESS SPECIALIZED KNOWLEDGE AND EXPERTISE IN ENVIRONMENTAL
LAW OR ENGINEERING; THREE SHALL REPRESENT THE PUBLIC INTEREST, SPECIF-
ICALLY THE ENVIRONMENT; AND FOUR SHALL BE REPRESENTATIVES FROM BUSINESS
AND INDUSTRY.
2. THE TASK FORCE SHALL:
(A) DEVELOP CRITERIA FOR IDENTIFYING DISPROPORTIONATE ADVERSE HUMAN
HEALTH OR ENVIRONMENTAL EFFECTS ON RACIAL AND ETHNIC MINORITY POPU-
LATIONS AND LOW-INCOME COMMUNITIES;
(B) DEVELOP A COMPREHENSIVE INVENTORY OF SOLID WASTE LANDFILL HAZARD-
OUS WASTE FACILITIES AND SITES, WASTEWATER TREATMENT PLANTS, WASTE
INCINERATORS AND OTHER SIMILAR PROJECTS IN NEW YORK STATE THAT MAY
ADVERSELY AFFECT RACIAL AND ETHNIC MINORITY POPULATIONS AND LOW-INCOME
COMMUNITIES;
(C) REVIEW STATE AND LOCAL ENVIRONMENTAL AND OTHER LAWS AND REGU-
LATIONS TO DETERMINE IF THEY ADEQUATELY IDENTIFY, EVALUATE AND PREVENT
THE INEQUITABLE DISTRIBUTION OF ADVERSE HUMAN HEALTH AND ENVIRONMENTAL
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IMPACTS, AND DEVELOP AND RECOMMEND TO THE GOVERNOR AND THE LEGISLATURE,
LEGISLATIVE, REGULATORY OR POLICY CHANGES THAT WOULD ENHANCE THE STATE'S
POLICY OF ENVIRONMENTAL JUSTICE; AND
(D) COORDINATE WITH, PROVIDE GUIDANCE TO, AND SERVE AS A CLEARINGHOUSE
FOR, STATE AGENCIES IN THE DEVELOPMENT OF ENVIRONMENTAL JUSTICE STRATE-
GIES, TO ENSURE THAT STATE AND LOCAL GOVERNMENT PROGRAMS, ACTIVITIES AND
POLICIES ARE ADMINISTERED, INTERPRETED AND ENFORCED CONSISTENTLY, EFFEC-
TIVELY AND FAIRLY.
3. MEMBERS OF THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION, EXCEPT
FOR EXPENSES REASONABLY INCURRED IN THE DISCHARGE OF THEIR DUTIES. STAFF
ASSISTANCE SHALL BE PROVIDED BY THE DEPARTMENT, THE DEPARTMENT OF LABOR,
THE DEPARTMENT OF HEALTH, AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
S 6-0105. ENVIRONMENTAL JUSTICE STRATEGY.
1. EACH STATE AGENCY THAT CONDUCTS ANY STATE PROGRAM OR ACTIVITY THAT
AFFECTS HUMAN HEALTH OR THE ENVIRONMENT, USING DATA GATHERED BY THE TASK
FORCE AND THE AGENCY, AND OTHER PERTINENT INFORMATION, SHALL DETERMINE
WHETHER ITS PROGRAMS, POLICIES, AND ACTIVITIES HAVE DISPROPORTIONATE
ADVERSE HUMAN HEALTH OR ENVIRONMENTAL EFFECTS ON RACIAL AND ETHNIC
MINORITY POPULATIONS AND LOW-INCOME COMMUNITIES.
2. EACH AGENCY SHALL DEVELOP AND IMPLEMENT AN ENVIRONMENTAL JUSTICE
STRATEGY THAT ADDRESSES AND SEEKS TO ELIMINATE DISPROPORTIONATE ADVERSE
HUMAN HEALTH OR ENVIRONMENTAL EFFECTS THAT SUCH AGENCY'S PROGRAMS, POLI-
CIES AND ACTIVITIES MAY IMPOSE ON RACIAL AND ETHNIC MINORITY POPULATIONS
AND LOW-INCOME POPULATIONS.
3. THE ENVIRONMENTAL JUSTICE STRATEGY SHALL IDENTIFY PROGRAMS, POLI-
CIES, PLANNING AND PUBLIC PARTICIPATION PROCESSES, ENFORCEMENT AND RULE
MAKING THAT HAVE THE POTENTIAL TO AFFECT HUMAN HEALTH OR THE ENVIRONMENT
THAT MUST BE ADOPTED, REVOKED OR REVISED TO:
(A) PROMOTE FULL AND EFFECTIVE ENFORCEMENT OF ALL HUMAN HEALTH AND
ENVIRONMENTAL STATUTES IN AREAS WITH RACIAL AND ETHNIC MINORITY POPU-
LATIONS AND LOW-INCOME COMMUNITIES;
(B) ENSURE THAT THE REVIEW OF THE POSSIBLE ADVERSE ENVIRONMENTAL AND
HUMAN HEALTH IMPACTS OF PROJECT SITING AND APPROVAL AND OTHER AGENCY
ACTIONS, MANDATED BY THE STATE ENVIRONMENTAL QUALITY REVIEW ACT,
ADEQUATELY IDENTIFIES AND ADDRESSES DISPROPORTIONATE ADVERSE HUMAN
HEALTH OR ENVIRONMENTAL EFFECTS;
(C) IMPROVE RESEARCH AND DATA COLLECTION RELATING TO THE HEALTH OR
ENVIRONMENT AND RACIAL AND ETHNIC MINORITY POPULATIONS AND LOW-INCOME
COMMUNITIES;
(D) ENSURE THAT RACIAL AND ETHNIC MINORITY POPULATIONS AND LOW-INCOME
COMMUNITIES PARTICIPATE FULLY IN THE DEVELOPMENT AND IMPLEMENTATION OF
STATE POLICY AND IN REGULATORY ACTIVITIES THAT AFFECT HUMAN HEALTH OR
THE ENVIRONMENT; AND
(E) ENSURE THAT ENVIRONMENTAL BENEFITS, RECREATIONAL OPPORTUNITIES
AND OPEN SPACE RESOURCES ARE, TO THE FULLEST PRACTICABLE EXTENT, PROPOR-
TIONATELY AVAILABLE FOR ENJOYMENT BY RACIAL AND ETHNIC MINORITIES AND
LOW-INCOME COMMUNITIES.
4. THE HEAD OF EACH STATE AGENCY SHALL DESIGNATE A MEMBER OF SUCH
AGENCY EXECUTIVE STAFF OR HIGH LEVEL MANAGEMENT AS ITS ENVIRONMENTAL
JUSTICE COORDINATOR. THE ENVIRONMENTAL JUSTICE COORDINATOR SHALL DEVEL-
OP, IN CONSULTATION WITH THE TASK FORCE, THE AGENCY'S ENVIRONMENTAL
JUSTICE STRATEGY, AND SHALL HAVE PRIMARY RESPONSIBILITY FOR ITS IMPLE-
MENTATION.
5. EACH STATE AGENCY SHALL BY JANUARY FIRST, TWO THOUSAND ELEVEN
COMPLETE THE DEVELOPMENT OF AN ENVIRONMENTAL JUSTICE STRATEGY WHICH
A. 4874 4
DESCRIBES SUCH STRATEGY, TOGETHER WITH STEPS TAKEN TO IMPLEMENT IT, TO
THE TASK FORCE.
S 6-0107. REPORTS.
THE TASK FORCE SHALL REPORT ITS INITIAL FINDINGS AND RECOMMENDATIONS
TO THE GOVERNOR AND THE LEGISLATURE BY JANUARY FIRST, TWO THOUSAND ELEV-
EN AND SHALL ISSUE A REPORT NO LATER THAN JUNE THIRTIETH, TWO THOUSAND
ELEVEN SETTING FORTH ITS FINDINGS AND CONCLUSIONS AND MAKING SUCH RECOM-
MENDATIONS AS SET FORTH IN SECTIONS 6-0103 AND 6-0105 OF THIS ARTICLE.
S 3. This act shall take effect immediately.