Senate Bill S2390

                                BILL NUMBER:S2390

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)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.