S T A T E O F N E W Y O R K
________________________________________________________________________
106
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH, AUBRY, CAHILL, COLTON, COOK, JAFFEE,
LIFTON, PERRY, ROSENTHAL -- Multi-Sponsored by -- M. of A. BRENNAN,
GOTTFRIED, LUPARDO, MAGEE, McDONOUGH, ORTIZ, THIELE, WEISENBERG --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
declaring a policy of equal treatment in the development and enforce-
ment 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 ALL PEOPLE,
REGARDLESS OF RACE, CULTURE, NATIONAL ORIGIN, INCOME OR COMMUNITY OF
RESIDENCE, SHALL BE TREATED EQUALLY WITH RESPECT TO THE DEVELOPMENT,
IMPLEMENTATION 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 OF ENVIRONMENTAL JUSTICE IS BASED ON THE
CONCEPT OF FUNDAMENTAL FAIRNESS THAT ALL PEOPLE SHOULD BE FREE FROM ANY
DISPROPORTIONATE EXPOSURE OR RISK OF EXPOSURE TO POLLUTION, AND FROM THE
CUMULATIVE NEGATIVE IMPACTS RESULTING FROM THE DISPARATE CONCENTRATION
OF POLLUTED SITES OR ENVIRONMENTAL FACILITIES LICENSED, REGULATED OR
APPROVED BY STATE AGENCIES, NOR SHOULD PEOPLE BE DEPRIVED OF LOCALLY
ACCESSIBLE OPEN SPACE OR OTHER ENVIRONMENTAL BENEFITS 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.
LBD01375-01-3