senate Bill S1629A

2013-2014 Legislative Session

Creates a permanent environmental justice advisory group

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Oct 07, 2013 print number 1629a
amend and recommit to environmental conservation
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S1629 - Bill Details

See Assembly Version of this Bill:
A3569
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 48 §§48-0101 - 48-0113, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1115, A947
2009-2010: S6316, A8490A

S1629 - Bill Texts

view summary

Creates a permanent environmental justice advisory group; provides that the function of the group is to ensure that no group of people, including a racial, ethnic, or socioeconomic group, bears a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies; empowers that advisory group to adopt a model environmental justice policy applicable to state agencies, and to monitor agencies on compliance with such policies; specifies responsibilities of state agencies; establishes an environmental justice interagency coordinating council.

view sponsor memo
BILL NUMBER:S1629

TITLE OF BILL:
An act
to amend the environmental
conservation
law, in relation to establishing a
permanent environmental justice
advisory
group and an environmental justice
interagency coordinating council

PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a Permanent Environmental Justice Advisory
Group within the Department of Environmental Conservation (DEC) and
an Environmental Justice Interagency Coordinating Council, and would
require state agencies to adopt and abide by effective environmental
justice policies.

SUMMARY OF PROVISIONS:
Bill § adds a new Article 48 to the Environmental Conservation Law
entitled "Environmental Justice":

§ 48-0101 sets forth a declaration of policy regarding environmental
justice, affirming that all New Yorkers, regardless of race, color,
religion, national origin or income, have a right to fair treatment
and meaningful involvement in the development, implementation and
enforcement of laws, regulations and policies that affect the quality
of the environment.

§ 48-0103 provides definitions for "advisory group" (the permanent
environmental justice advisory group created in § "agency" (any
department, board, bureau, commission, division, office, council,
committee or officer of the state, or any public authority or public
benefit corporation at least one of whose members is appointed by the
governor), and "environmental justice" (the fair treatment and
meaningful involvement of all people regardless of race, color,
religion, national origin or income with respect to the establishment
of environmental policies). Definitions are also provided for two
phrases used in the latter ("fair treatment" and "meaningful
involvement").

§ 48-0105 establishes a permanent environmental justice advisory group
within the DEC. The advisory group shall be comprised of five members
representing community-based organizations that assist minority and
low-income communities on environmental matters, four representatives
of business, two local government environmental officials and four
members drawn from national or state environmental organizations,
researchers, educators and the general public. Provisions for
appointment, terms and organization of the advisory group are set
forth. The advisory group shall meet at least three times a year in
compliance with the Open Meetings Law.

§48-0107 sets forth the following powers and duties of the advisory
group:


* adopt a model environmental justice policy applicable generally to
state agencies that engage in activities that may have a significant
effect on the environment. The model policy shall be developed within
one year and after public hearings in each judicial department;

* advise agencies of their responsibilities under § monitor agency
compliance with environmental justice policies, make recommendations
to improve such policies, and report at least annually on agency
compliance; and

* comment on rules, regulations and policies relating to environmental
justice, accept grants or gifts and use them to effectuate Article
48, conduct public hearings, adopt bylaws, rules and regulations and
do any and all things necessary and convenient to the exercise of its
functions, powers and duties.

§48-0109 specifies the responsibilities of state agencies that engage
in activities that may have a significant effect on the environment.
Each agency is required to adopt regulations setting forth its
environmental justice policy within six months after the adoption of
the model policy by the advisory group and comply in all respects
with its adopted Policy, In the absence of such regulations, the
agency must comply with the model policy. Agencies are required to
designate a staff member as environmental justice coordinator and to
provide training in environmental justice through workshops and
written materials. This section applies to an agency notwithstanding
any exemption it may have from the State Environmental Quality Review
Act (SEQRA) or other laws.

§ 48-0111 establishes an Environmental Justice Interagency Coordinating
Council, comprised of the heads of DEC, the Department of
Transportation, the Power Authority and other agencies that engage in
activities that impact the environment, or their designees, along
with the agency staff designated as environmental justice
coordinators. The council has the power and duty to coordinate the
environmental justice activities of the State, report annually on the
effectiveness of agency environmental justice policies, and serve as
a clearinghouse on environmental justice and maintain information
services including a website and a toll-free hotline.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would allow the continuation of the work of DEC's
Environmental Justice Advisory Group. It would make the group a
permanent part of state government and would extend the reach of
environmental justice policies to activities of other state agencies,
including those that are exempt from SEQRA, as recommended by the
advisory group.

JUSTIFICATION:
Environmental justice is a concept of extreme importance to New
Yorkers who reside or work in or near communities with large minority
populations or with large numbers of low income residents. All too
often these communities have suffered from disproportionate levels of
pollution and have not received a fair share of environmental benefits.
In 1999, DEC received a grant from the U.S. Environmental Protection
Agency to develop a comprehensive environmental justice program and
policies, and shortly thereafter convened an environmental justice


advisory group. In January of 2002, the advisory group issued its
report RECOMMENDATIONS FOR THE NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION ENVIRONMENTAL JUSTICE PROGRAM. In March,
2003, DEC adopted a policy on "Environmental Justice and Permitting"
but took no action on several of the advisory group's other
recommendations.

This bill would implement the recommendations of the advisory group to
continue a permanent advisory group structure, ensure that actions of
agencies exempt from SEQRA receive an environmental justice review
and require other state agencies to address environmental justice.
These statutory provisions will ensure that New York State continues
to move forward and improve its overall policies on environmental
justice and will help the members of minority and low-income
communities in their efforts to make their neighborhoods more liveable.

PRIOR LEGISLATIVE HISTORY:
2011-12: 5.1115 - Referred to Environmental Conservation
S.6315 (2009) - Referred to Environmental Conservation
A.8805A (2004) - Passed Assembly, Referred to Senate Rules
A.4190 (2009-06) - Passed Assembly, Referred to Senate Environmental
Conservation
A.2003 (2007-08) - Passed Assembly, Referred to Senate Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
First of January next succeeding the date on which it becomes a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1629

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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
  establishing  a  permanent environmental justice advisory group and an
  environmental justice interagency coordinating council

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

  Section  1.  The environmental conservation law is amended by adding a
new article 48 to read as follows:
                               ARTICLE 48
                          ENVIRONMENTAL JUSTICE
SECTION 48-0101. DECLARATION OF POLICY.
        48-0103. DEFINITIONS.
        48-0105. PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP.
        48-0107. POWERS AND DUTIES.
        48-0109. AGENCY RESPONSIBILITIES.
        48-0111. ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.
        48-0113. SEPARABILITY.
S 48-0101. DECLARATION OF POLICY.
  1. IT IS HEREBY DECLARED TO BE THE POLICY OF THE  STATE  OF  NEW  YORK
THAT ALL PEOPLE, REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR
INCOME, HAVE A RIGHT TO FAIR TREATMENT AND MEANINGFUL INVOLVEMENT IN THE
DEVELOPMENT,  IMPLEMENTATION  AND  ENFORCEMENT  OF LAWS, REGULATIONS AND
POLICIES THAT AFFECT THE QUALITY OF THE ENVIRONMENT.
  2. IT SHALL FURTHER BE THE POLICY  OF  THE  STATE  THAT  NO  GROUP  OF
PEOPLE,  INCLUDING  A  RACIAL,  ETHNIC OR SOCIOECONOMIC GROUP, SHOULD BE
DISPROPORTIONATELY EXPOSED TO POLLUTION OR BEAR A DISPROPORTIONATE SHARE
OF THE NEGATIVE ENVIRONMENTAL CONSEQUENCES  RESULTING  FROM  INDUSTRIAL,
MUNICIPAL  OR COMMERCIAL OPERATIONS, OR THE EXECUTION OF FEDERAL, STATE,
LOCAL OR TRIBAL PROGRAMS AND POLICIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02766-01-3

S. 1629                             2

  3. IT SHALL FURTHER BE THE POLICY  OF  THE  STATE  THAT  NO  GROUP  OF
PEOPLE, INCLUDING A RACIAL, ETHNIC OR SOCIOECONOMIC GROUP, SHOULD SUFFER
FROM  INEQUITABLE ALLOCATION OF PUBLIC RESOURCES OR FINANCIAL ASSISTANCE
FOR ENVIRONMENTAL PROTECTION AND  STEWARDSHIP,  INCLUDING  ENVIRONMENTAL
REMEDIATION,  POLLUTION  PREVENTION, OPEN SPACE ACQUISITION AND/OR OTHER
PROTECTION AND STEWARDSHIP ACTIVITIES.
  4. IT SHALL FURTHER BE THE POLICY OF THE STATE THAT OPPORTUNITIES  FOR
CITIZEN  INVOLVEMENT  IN THE DEVELOPMENT, IMPLEMENTATION AND ENFORCEMENT
OF LAWS, REGULATIONS AND POLICIES THAT AFFECT THE QUALITY OF  THE  ENVI-
RONMENT  BE  AS REFLECTIVE OF THE DIVERSITY OF INTERESTS AND PERSPECTIVE
FOUND WITHIN THE AFFECTED COMMUNITY  AS  POSSIBLE,  INCLUDING  THOSE  OF
RACIAL,  ETHNIC AND SOCIOECONOMIC GROUPS; THAT THEY BE PROVIDED AS EARLY
AS POSSIBLE IN THE DECISION MAKING PROCESS PRIOR TO THE SELECTION  OF  A
PREFERRED  COURSE OF ACTION BY FEDERAL, STATE, LOCAL OR TRIBAL AGENCIES;
THAT THEY PROVIDE FULL, TIMELY AND ACCESSIBLE DISCLOSURE AND SHARING  OF
INFORMATION BY THE GOVERNMENT AGENCY OR AGENCIES INVOLVED, INCLUDING THE
PROVISION  OF TECHNICAL DATA AND THE ASSUMPTIONS UPON WHICH ANY ANALYSES
ARE BASED; AND THAT THEY ALLOW ALL PEOPLE, REGARDLESS  OF  RACE,  COLOR,
RELIGION, NATIONAL ORIGIN OR INCOME, THE OPPORTUNITY TO HAVE THEIR VIEWS
HEARD AND CONSIDERED, INCLUDING OPPORTUNITIES FOR TWO-WAY DIALOGUE.
S 48-0103. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1. "ADVISORY GROUP" MEANS THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY
GROUP ESTABLISHED BY SECTION 48-0105 OF THIS ARTICLE.
  2. "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION,
OFFICE,  COUNCIL,  COMMITTEE  OR  OFFICER  OF  THE  STATE, OR ANY PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION AT LEAST ONE OF WHOSE MEMBERS IS
APPOINTED BY THE GOVERNOR.
  3. "ENVIRONMENTAL JUSTICE" MEANS THE  FAIR  TREATMENT  AND  MEANINGFUL
INVOLVEMENT  OF ALL PEOPLE REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL
ORIGIN OR INCOME WITH RESPECT TO  THE  DEVELOPMENT,  IMPLEMENTATION  AND
ENFORCEMENT  OF  LAWS, REGULATIONS AND POLICIES AFFECTING THE QUALITY OF
THE ENVIRONMENT.
  4. "FAIR TREATMENT" MEANS THAT NO GROUP OF PEOPLE, INCLUDING A RACIAL,
ETHNIC OR SOCIOECONOMIC GROUP, SHOULD BE DISPROPORTIONATELY  EXPOSED  TO
POLLUTION OR BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVIRONMENTAL
CONSEQUENCES  RESULTING  FROM INDUSTRIAL, MUNICIPAL AND COMMERCIAL OPER-
ATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL AND TRIBAL PROGRAMS AND
POLICIES, AND FURTHER MEANS THAT NO SUCH GROUP OF PEOPLE  SHOULD  SUFFER
FROM  INEQUITABLE ALLOCATION OF PUBLIC RESOURCES OR FINANCIAL ASSISTANCE
FOR ENVIRONMENTAL PROTECTION AND  STEWARDSHIP,  INCLUDING  ENVIRONMENTAL
REMEDIATION,  POLLUTION  PREVENTION,  OPEN  SPACE  ACQUISITION AND OTHER
PROTECTION AND STEWARDSHIP ACTIVITIES.
  5. "MEANINGFUL INVOLVEMENT" MEANS THE PROVISION OF  OPPORTUNITIES  FOR
CITIZEN  PARTICIPATION  IN DECISION MAKING THAT ARE AS REFLECTIVE OF THE
DIVERSITY OF INTERESTS AND PERSPECTIVE FOUND WITHIN THE AFFECTED  COMMU-
NITY  AS  POSSIBLE,  INCLUDING THOSE OF RACIAL, ETHNIC AND SOCIOECONOMIC
GROUPS; THAT ARE PROVIDED AS EARLY AS POSSIBLE IN  THE  DECISION  MAKING
PROCESS  PRIOR  TO  THE  SELECTION  OF A PREFERRED COURSE OF ACTION BY A
DECISION MAKING AGENCY OR AGENCIES; THAT PROVIDE FULL, TIMELY AND ACCES-
SIBLE DISCLOSURE AND SHARING OF INFORMATION BY THE GOVERNMENT AGENCY  OR
AGENCIES  INVOLVED,  INCLUDING  THE  PROVISION OF TECHNICAL DATA AND THE
ASSUMPTIONS UPON WHICH ANY  ANALYSES  ARE  BASED;  AND  THAT  ALLOW  ALL
PEOPLE,  REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR INCOME,
THE OPPORTUNITY TO HAVE THEIR  VIEWS  HEARD  AND  CONSIDERED,  INCLUDING
OPPORTUNITIES FOR TWO-WAY DIALOGUE.

S. 1629                             3

S 48-0105. PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP.
  1. THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT TO CONSIST OF FIFTEEN MEMBERS, AS FOLLOWS:
  (A) FIVE MEMBERS SHALL BE REPRESENTATIVES OF COMMUNITY-BASED ORGANIZA-
TIONS THAT ADVISE OR ASSIST MINORITY AND LOW-INCOME COMMUNITIES ON ENVI-
RONMENTAL MATTERS.
  (B)  FOUR  MEMBERS  SHALL  BE  REPRESENTATIVES OF BUSINESSES THAT HOLD
PERMITS OR OTHERWISE OPERATE SUBJECT TO THIS CHAPTER.
  (C) TWO MEMBERS SHALL BE REPRESENTATIVES OF ENVIRONMENTAL CONSERVATION
OFFICES OF LOCAL GOVERNMENT.
  (D) THE  REMAINING  MEMBERS  SHALL  BE  REPRESENTATIVES  OF  STATE  OR
NATIONAL  ORGANIZATIONS  PROMOTING ENVIRONMENTAL CONSERVATION, RESEARCH-
ERS, EDUCATORS AND MEMBERS OF THE GENERAL PUBLIC.
  (E) ONE OF THE MEMBERS APPOINTED PURSUANT TO EACH OF  PARAGRAPHS  (A),
(B), (C) AND (D) OF THIS SUBDIVISION SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT  OF  THE  SENATE, AND ONE OF THE MEMBERS APPOINTED PURSUANT TO
EACH OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS  SUBDIVISION  SHALL  BE
APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY.  THE  REMAINING  MEMBERS
APPOINTED PURSUANT TO THIS SUBDIVISION SHALL BE APPOINTED BY THE  GOVER-
NOR.  THE  REPLACEMENT  OF  ANY  MEMBER  SHALL BE IN ACCORDANCE WITH THE
PROVISIONS CONTAINED IN THIS SECTION FOR APPOINTMENT OF MEMBERS.
  2. (A) EACH MEMBER OF THE ADVISORY GROUP SHALL SERVE  FOR  A  TERM  OF
FOUR  YEARS  OR  UNTIL  HIS  OR  HER  SUCCESSOR  IS  APPOINTED. A MEMBER
APPOINTED TO FILL A VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE
MEMBER HE OR SHE IS APPOINTED TO SUCCEED. THE MEMBERS  OF  THE  ADVISORY
GROUP  SHALL  RECEIVE  NO  COMPENSATION  FOR THEIR SERVICES BUT SHALL BE
REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECESSARILY INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES HEREUNDER.
  (B)  THE  ADVISORY  GROUP SHALL SELECT A CHAIR FROM AMONG THE MEMBERS.
THE ADVISORY GROUP SHALL MEET AS FREQUENTLY AS NECESSARY, BUT  NOT  LESS
THAN THREE TIMES PER YEAR. SUCH MEETINGS SHALL BE HELD AT SUCH LOCATIONS
AS  THE ADVISORY GROUP MAY DETERMINE. ALL SUCH MEETINGS SHALL BE SUBJECT
TO THE OPEN MEETINGS LAW. AT LEAST ONE MEETING ANNUALLY  SHALL  BE  HELD
JOINTLY  WITH THE ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL
ESTABLISHED PURSUANT TO SECTION 48-0111 OF THIS ARTICLE. EACH MEMBER  OF
THE ADVISORY GROUP SHALL BE ENTITLED TO DESIGNATE IN WRITING A REPRESEN-
TATIVE  TO  ATTEND MEETINGS IN HIS OR HER PLACE AND TO VOTE OR OTHERWISE
ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE.
  (C) STAFF SERVICES FOR THE ADVISORY GROUP SHALL BE PERFORMED,  INSOFAR
AS  PRACTICABLE,  BY PERSONNEL OF THE DEPARTMENT. THE ADVISORY GROUP MAY
REQUEST AND SHALL RECEIVE FROM ANY STATE AGENCY SUCH ASSISTANCE AND DATA
AS WILL ENABLE IT PROPERLY TO CARRY OUT  ITS  ACTIVITIES  HEREUNDER  AND
EFFECTUATE THE PURPOSES SET FORTH HEREIN.
S 48-0107. POWERS AND DUTIES.
  THE ADVISORY GROUP SHALL HAVE THE POWER AND DUTY TO:
  1.  ADOPT A MODEL ENVIRONMENTAL JUSTICE POLICY APPLICABLE GENERALLY TO
STATE AGENCIES THAT ENGAGE IN ACTIVITIES OR OPERATIONS THAT MAY  HAVE  A
SIGNIFICANT  EFFECT  ON  THE  ENVIRONMENT,  INCLUDING BUT NOT LIMITED TO
THROUGH THE ADOPTION OF RULES  AND  REGULATIONS,  ISSUANCE  OF  PERMITS,
ACQUISITION  OR  MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER-
TAKING OF PROJECTS. SUCH POLICY SHALL BE ADOPTED NOT LATER THAN ONE YEAR
AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE.  THE  ADVISORY  GROUP  SHALL
DEVELOP THE MODEL POLICY IN CONSULTATION WITH REPRESENTATIVES OF MINORI-
TY  AND  LOW-INCOME  COMMUNITIES,  REGULATED  PARTIES, THE ENVIRONMENTAL
JUSTICE INTERAGENCY COORDINATING COUNCIL AND OTHER  STATE  AGENCIES  AND
THE  PUBLIC  AND  SHALL  HOLD  A PUBLIC HEARING THEREON IN EACH JUDICIAL

S. 1629                             4

DEPARTMENT. NOTICE OF SUCH HEARINGS AND NOTICE OF THE  ADOPTION  OF  THE
MODEL POLICY SHALL BE PUBLISHED IN THE STATE REGISTER;
  2.  ADVISE  STATE  AGENCIES  OF  THEIR  RESPONSIBILITIES UNDER SECTION
48-0109 OF THIS ARTICLE;
  3. MONITOR COMPLIANCE WITH THE ENVIRONMENTAL JUSTICE POLICIES OF STATE
AGENCIES, MAKE RECOMMENDATIONS TO THE GOVERNOR,  LEGISLATURE  AND  STATE
AGENCIES  ON MEASURES TO IMPROVE SUCH POLICIES, AND REPORT NOT LESS THAN
ANNUALLY ON THE EXTENT TO WHICH AGENCIES  ARE  IN  COMPLIANCE  WITH  THE
REQUIREMENTS  OF  THIS ARTICLE AND OTHER STATE LAWS AND FEDERAL LAWS AND
REGULATIONS RELATING TO ENVIRONMENTAL JUSTICE;
  4. PROVIDE COMMENTS ON ANY PROPOSED RULE, REGULATION OR  POLICY  OF  A
STATE OR FEDERAL AGENCY RELATED TO ENVIRONMENTAL JUSTICE;
  5.  ACCEPT,  AS AGENT OF THE STATE, ANY GRANT INCLUDING FEDERAL GRANTS
OR ANY GIFT FOR THE PURPOSES OF THIS ARTICLE. ANY MONIES SO RECEIVED MAY
BE EXPENDED BY THE ADVISORY GROUP TO  EFFECTUATE  ANY  PURPOSE  OF  THIS
ARTICLE, SUBJECT TO THE APPLICABLE PROVISIONS OF THE STATE FINANCE LAW;
  6. CONDUCT PUBLIC HEARINGS WITH RESPECT TO ANY MATTER WITHIN THE SCOPE
OF ITS FUNCTIONS, POWERS AND DUTIES;
  7.  ADOPT,  AMEND  AND  REPEAL  BY-LAWS GOVERNING ITS ORGANIZATION AND
OPERATION AND SUCH RULES AND REGULATIONS, CONSISTENT WITH THIS  ARTICLE,
AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE; AND
  8.  DO  ANY  AND  ALL  THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS
FUNCTIONS, POWERS AND DUTIES UNDER THIS ARTICLE.
S 48-0109. AGENCY RESPONSIBILITIES.
  1. EACH STATE AGENCY THAT ENGAGES IN  ACTIVITIES  OR  OPERATIONS  THAT
HAVE  A SIGNIFICANT EFFECT ON THE ENVIRONMENT, INCLUDING BUT NOT LIMITED
TO THROUGH THE ADOPTION OF RULES AND REGULATIONS, ISSUANCE  OF  PERMITS,
ACQUISITION  OR  MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER-
TAKING OF PROJECTS, SHALL BE GUIDED  IN  ITS  DECISION  MAKING  ON  SUCH
ACTIVITIES  OR  OPERATIONS BY AN ENVIRONMENTAL JUSTICE POLICY. EACH SUCH
AGENCY SHALL ADOPT RULES AND REGULATIONS SETTING FORTH ITS ENVIRONMENTAL
JUSTICE POLICY NOT LATER THAN SIX MONTHS AFTER THE ADOPTION OF  A  MODEL
ENVIRONMENTAL  JUSTICE  POLICY PURSUANT TO SECTION 48-0107 OF THIS ARTI-
CLE. THE AGENCY THEREAFTER SHALL COMPLY IN ALL RESPECTS WITH  THE  ENVI-
RONMENTAL  JUSTICE  POLICY  SET  FORTH  IN  ITS  RULES  AND REGULATIONS;
PROVIDED, HOWEVER, THAT IN THE ABSENCE OF SUCH  RULES  AND  REGULATIONS,
THE  AGENCY  SHALL  COMPLY  IN ALL RESPECTS WITH THE MODEL ENVIRONMENTAL
JUSTICE POLICY.
  2. EACH STATE AGENCY SUBJECT TO THE REQUIREMENTS OF SUBDIVISION ONE OF
THIS SECTION SHALL:
  (A) APPOINT A STAFF MEMBER OF THE AGENCY  TO  SERVE  AS  ENVIRONMENTAL
JUSTICE  COORDINATOR,  TO PROVIDE INFORMATION TO THE PUBLIC ON THE POLI-
CIES, ACTIVITIES AND OPERATIONS OF THE AGENCY RELATED  TO  ENVIRONMENTAL
JUSTICE  AND  TO  ACT  AS  LIAISON TO THE ENVIRONMENTAL JUSTICE ADVISORY
GROUP;
  (B) NOTIFY THE ADVISORY GROUP OF THE APPOINTMENT OF  AN  ENVIRONMENTAL
JUSTICE COORDINATOR; AND
  (C)  DEVELOP  AN ENVIRONMENTAL JUSTICE TRAINING PLAN WHICH INCLUDE THE
PROVISION OF  WORKSHOPS  AND  WRITTEN  MATERIALS  TO  APPROPRIATE  STAFF
REGARDING ENVIRONMENTAL JUSTICE AND IMPLEMENTATION OF THE AGENCY'S ENVI-
RONMENTAL JUSTICE POLICY.
  3.  THIS  SECTION  SHALL APPLY TO ANY STATE AGENCY NOTWITHSTANDING ANY
EXEMPTION SUCH AGENCY MAY HAVE FROM OTHER LAWS, INCLUDING BUT NOT LIMIT-
ED TO ANY EXEMPTION FROM ARTICLE EIGHT OF THIS CHAPTER.
S 48-0111. ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.

S. 1629                             5

  1. THERE IS HEREBY ESTABLISHED AN  ENVIRONMENTAL  JUSTICE  INTERAGENCY
COORDINATING COUNCIL WHICH SHALL HAVE THE POWER AND DUTY TO:
  (A)  COORDINATE  THE ACTIVITIES OF AGENCIES REQUIRED TO ADOPT AN ENVI-
RONMENTAL JUSTICE POLICY PURSUANT TO SECTION 48-0109 OF THIS ARTICLE  IN
DEVELOPMENT AND IMPLEMENTATION OF SUCH POLICIES;
  (B) MAKE ANNUAL REPORTS TO THE GOVERNOR AND THE LEGISLATURE CONCERNING
THE  IMPLEMENTATION  AND  EFFECTIVENESS  OF AGENCY ENVIRONMENTAL JUSTICE
POLICIES, INCLUDING THE ADEQUACY OF FUNDING AVAILABLE  AND  DIFFICULTIES
ENCOUNTERED; AND
  (C)  SERVE  AS  A  CLEARINGHOUSE FOR STATE AGENCIES AND THE PUBLIC FOR
INFORMATION ON ENVIRONMENTAL  JUSTICE  POLICIES,  ENVIRONMENTAL  JUSTICE
COORDINATORS IN STATE AGENCIES AND RELATED ACTIVITIES OF STATE AGENCIES,
AND  MAINTAIN  INFORMATION  SERVICES,  INCLUDING  BUT  NOT LIMITED TO AN
INTERNET SITE AND A TOLL-FREE TELEPHONE NUMBER, TO INFORM THE PUBLIC  ON
ENVIRONMENTAL JUSTICE.
  2.  THE  ENVIRONMENTAL  JUSTICE COORDINATING COUNCIL SHALL INCLUDE THE
COMMISSIONER; THE COMMISSIONER OF THE DEPARTMENT  OF  ECONOMIC  DEVELOP-
MENT;  THE  COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION; THE PRESI-
DENT OF THE ENVIRONMENTAL FACILITIES CORPORATION; THE PRESIDENT  OF  THE
NEW  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; THE CHAIRMAN
OF THE PUBLIC SERVICE COMMISSION; THE CHAIRMAN OF THE POWER AUTHORITY OF
THE STATE OF NEW YORK; THE EXECUTIVE DIRECTOR  OF  THE  NEW  YORK  STATE
OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH; OR THEIR DESIGNEES;
AND  EVERY  STAFF  MEMBER  CHOSEN BY AN AGENCY TO SERVE AS ENVIRONMENTAL
JUSTICE COORDINATOR PURSUANT TO SECTION 48-0109  OF  THIS  ARTICLE.  THE
COUNCIL  SHALL CONSULT WITH THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY
GROUP; REPRESENTATIVES OF MINORITY AND LOW-INCOME COMMUNITIES, INCLUDING
COMMUNITY-BASED ORGANIZATIONS THAT ADVISE OR ASSIST MINORITY AND LOW-IN-
COME COMMUNITIES ON ENVIRONMENTAL MATTERS; REPRESENTATIVES OF BUSINESSES
THAT HOLD PERMITS OR OTHERWISE OPERATE SUBJECT TO THIS  CHAPTER;  REPRE-
SENTATIVES  OF  LOCAL  GOVERNMENTS;  REPRESENTATIVES OF LOCAL, STATE, OR
NATIONAL ORGANIZATIONS PROMOTING ENVIRONMENTAL CONSERVATION; RESEARCHERS
AND EDUCATORS; AND ANY OTHER PARTIES THE COUNCIL DEEMS APPROPRIATE.
  3. THE COORDINATING COUNCIL SHALL MEET AT LEAST  QUARTERLY  AND  SHALL
DESIGNATE  ONE  OF  ITS  MEMBERS  TO SERVE AS CHAIRPERSON AND ONE OF ITS
MEMBERS TO SERVE AS SECRETARY FOR THE DEVELOPMENT AND  DISSEMINATION  OF
MINUTES  AND  REPORTS.  ALL  SUCH  MEETINGS SHALL BE SUBJECT TO THE OPEN
MEETINGS LAW. AT LEAST ONE MEETING ANNUALLY SHALL BE HELD  JOINTLY  WITH
THE  PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP ESTABLISHED PURSUANT
TO SECTION 48-0105 OF THIS ARTICLE. EACH MEMBER  SHALL  BE  ENTITLED  TO
DESIGNATE  IN  WRITING A REPRESENTATIVE TO ATTEND MEETINGS IN HIS OR HER
PLACE AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN  HIS  OR  HER
ABSENCE.
S 48-0113. SEPARABILITY.
  IF  ANY  CLAUSE,  SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY
IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S1629A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3569
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 48 §§48-0101 - 48-0113, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1115, A947
2009-2010: S6316, A8490A

S1629A (ACTIVE) - Bill Texts

view summary

Creates a permanent environmental justice advisory group; provides that the function of the group is to ensure that no group of people, including a racial, ethnic, or socioeconomic group, bears a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies; empowers that advisory group to adopt a model environmental justice policy applicable to state agencies, and to monitor agencies on compliance with such policies; specifies responsibilities of state agencies; establishes an environmental justice interagency coordinating council.

view sponsor memo
BILL NUMBER:S1629A REVISED 10/4/13

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to establishing a permanent environmental justice advisory
group and an environmental justice interagency coordinating council

PURPOSE OR GENERAL IDEA OF BILL: This bill would establish a Permanent
Environmental justice Advisory Group within the Department of
Environmental Conservation (DEC) and an Environmental Justice
Interagency Coordinating Council, and would require state agencies to
adopt and abide by effective environmental justice policies.

SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new Article 48 to the
Environmental Conservation law entitled "Environmental Justice":

§ 48-0101 sets forth a declaration of policy regarding environmental
justice, affirming that all New Yorkers, regardless of race, color,
religion, national origin of income, have a right to fair treatment
and meaningful involvement in the development, implementation and
enforce-bent of laws, regulations and policies that affect the quality
of the environment.

§ 48-0103 provides definitions for "advisory group" (the permanent
environmental justice advisory group created in §48-0105), "agency"
(any department, board, bureau, commission, division, office, council,
committee or officer of the state, or any public authority.or public
benefit corporation at least one of whose. members is appointed by
the governor), and "environmental justice" (the fair treatment and
meaningful involvement of all people regardless of race, color;
religion, national origin or income with respect to the establishment
of environmental policies). 'Definitions are also provided for two
phrases used in the latter ("fair treatment" and "meaningful
involvement"),

§ 48-0105 establishes a permanent environmental justice advisory group
within the DEC. The advisory group shall be comprised of five members
representing community-based organizations that assist minority and
low-income communities on environmental matters, four representatives
of business, two local government environmental officials and four
members drawn from national or state environmental organizations,
researchers, educators and the general public. Provisions for
appointment, terms and organization of the advisory group are set
forth. The advisory group shall meet at least three times a year in
compliance with the Open Meetings Law.

§ 48-0107 sets forth the following powers and duties of the advisory
group:

* adopt a model environmental justice policy applicable generally to
state agencies that engage in activities that may have a significant
effect on the environment. The model policy shall be developed within
one year and after public hearings in each judicial department;

* advise agencies of their responsibilities under §48-0109, monitor
agency compliance with environmental justice policies, make
recommendations to improve such policies, and report at least annually
on agency compliance; and


* comment on rules, regulations and policies relating to environmental
justice, accept grants or gifts and use them to effectuate Article 48,
conduct public hearings, adopt bylaws, rules and regulations and do
any and all things necessary and convenient to the exercise of its
functions, powers and duties,.

§ 48-0109 specifies the responsibilities of state agencies that engage
in activities that may have a significant effect on the environment.
Each agency is required to adopt regulations setting forth its
environmental justice policy within six months after the adoption of
the model policy by the advisory group and comply in all respects with
its adopted policy. In the absence of such regulations, the agency
must comply with-the model policy. Agencies are required to designate
a staff member as environmental justice coordinator and to provide
training in environmental justice through workshops and written
materials. This section applies to an agency notwithstanding any
exemption it may have from the State Environmental Quality Review Act
(SEQRA) or other laws.

§ 48-0111 establishes an Environmental Justice Interagency
Coordinating Council, comprised of the heads of DEC, the Department of
Transportation, the Power Authority and other agencies that engage in
activities that impact the environment, or their designees, along with
the agency staff designated as environmental justice coordinators. The
council has the power and duty to coordinate the environmental justice
activities of the State, report annually of the effectiveness of
agency 'environmental justice policies, and serve as a clearinghouse
on environmental justice and maintain information services including a
website and a toll-free hotline,.

JUSTIFICATION: Environmental justice is a concept of extreme
importance to New Yorkers who reside or work in or near communities
with large minority populations or with large numbers of low income
residents. All too often these communities have suffered from
disproportionate levels of pollution and have not received a fair
share of environmental benefits.

In 1999, DEC received a grant from the U.S. Environmental Protection
Agency to develop a comprehensive environmental justice program and
policies, and shortly thereafter convened an environmental justice
advisory group. In January of 2002, the advisory group issued its
report -"Recommendations for the New York State Department of
Environmental Conservation Environmental Justice Program." In march,
2003, DEC adopted a policy on "Environmental Justice and Permitting'
but took no action on several of the advisory group's other
recommendations. This bill would implement the recommendation of the
advisory group to continue a permanent advisory group structure,
ensure that actions of agencies to address environmental justice.
These statutory provisions will ensure that New York State continues
to move forward and improve its overall policies on environmental
justice and will help the members of minority and low-income
communities in their efforts to make their neighborhoods more livable.

PRIOR LEGISLATIVE HISTORY:
A.8805-A (2004) -passed Assembly, referred to Senate Rules
A.4190 (2005-06) - passed Assembly, referred to Senate Environmental
Conservation


A.2003 (2007-8) -passed Assembly, referred to Senate Rules
A.8490 (2009) - passed Assembly, referred to Senate Environmental
Conservation
A.947 (2011) passed Assembly, referred to Senate Environmental
Conservation

FISCAL IMPLICATIONS FOR STATE AND LOCAL.GOVERNMENTS: None.

EFFECTIVE DATE: First of January next succeeding the date on which it
becomes a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1629--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing a permanent environmental justice advisory group  and  an
  environmental justice interagency coordinating council

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

  Section 1. The environmental conservation law is amended by  adding  a
new article 48 to read as follows:
                               ARTICLE 48
                          ENVIRONMENTAL JUSTICE
SECTION 48-0101. DECLARATION OF POLICY.
        48-0103. DEFINITIONS.
        48-0105. PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP.
        48-0107. POWERS AND DUTIES.
        48-0109. AGENCY RESPONSIBILITIES.
        48-0111. ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.
        48-0113. SEPARABILITY.
S 48-0101. DECLARATION OF POLICY.
  1.  IT  IS  HEREBY  DECLARED  TO  BE THE POLICY OF THIS STATE THAT ALL
PEOPLE, REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR  INCOME,
HAVE  A RIGHT TO FAIR TREATMENT AND MEANINGFUL INVOLVEMENT IN THE DEVEL-
OPMENT, IMPLEMENTATION AND ENFORCEMENT OF LAWS, REGULATIONS AND POLICIES
THAT AFFECT THE QUALITY OF THE ENVIRONMENT.
  2. IT SHALL FURTHER BE THE POLICY  OF  THE  STATE  THAT  NO  GROUP  OF
PEOPLE,  INCLUDING  A  RACIAL,  ETHNIC OR SOCIOECONOMIC GROUP, SHOULD BE
DISPROPORTIONATELY EXPOSED TO POLLUTION OR BEAR A DISPROPORTIONATE SHARE
OF THE NEGATIVE ENVIRONMENTAL CONSEQUENCES  RESULTING  FROM  INDUSTRIAL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02766-02-3

S. 1629--A                          2

MUNICIPAL  OR COMMERCIAL OPERATIONS, OR THE EXECUTION OF FEDERAL, STATE,
LOCAL OR TRIBAL PROGRAMS AND POLICIES.
  3.  IT  SHALL  FURTHER  BE  THE  POLICY  OF THE STATE THAT NO GROUP OF
PEOPLE, INCLUDING A RACIAL, ETHNIC OR SOCIOECONOMIC GROUP, SHOULD SUFFER
FROM INEQUITABLE ALLOCATION OF PUBLIC RESOURCES OR FINANCIAL  ASSISTANCE
FOR  ENVIRONMENTAL  PROTECTION  AND STEWARDSHIP, INCLUDING ENVIRONMENTAL
REMEDIATION, POLLUTION PREVENTION, OPEN SPACE ACQUISITION  AND/OR  OTHER
PROTECTION AND STEWARDSHIP ACTIVITIES.
  4.  IT SHALL FURTHER BE THE POLICY OF THE STATE THAT OPPORTUNITIES FOR
CITIZEN INVOLVEMENT IN THE DEVELOPMENT, IMPLEMENTATION  AND  ENFORCEMENT
OF  LAWS,  REGULATIONS AND POLICIES THAT AFFECT THE QUALITY OF THE ENVI-
RONMENT BE AS REFLECTIVE OF THE DIVERSITY OF INTERESTS  AND  PERSPECTIVE
FOUND  WITHIN  THE  AFFECTED  COMMUNITY  AS POSSIBLE, INCLUDING THOSE OF
RACIAL, ETHNIC AND SOCIOECONOMIC GROUPS; THAT THEY BE PROVIDED AS  EARLY
AS  POSSIBLE  IN THE DECISION MAKING PROCESS PRIOR TO THE SELECTION OF A
PREFERRED COURSE OF ACTION BY FEDERAL, STATE, LOCAL OR TRIBAL  AGENCIES;
THAT  THEY PROVIDE FULL, TIMELY AND ACCESSIBLE DISCLOSURE AND SHARING OF
INFORMATION BY THE GOVERNMENT AGENCY OR AGENCIES INVOLVED, INCLUDING THE
PROVISION OF TECHNICAL DATA AND THE ASSUMPTIONS UPON WHICH ANY  ANALYSES
ARE  BASED;  AND  THAT THEY ALLOW ALL PEOPLE, REGARDLESS OF RACE, COLOR,
RELIGION, NATIONAL ORIGIN OR INCOME, THE OPPORTUNITY TO HAVE THEIR VIEWS
HEARD AND CONSIDERED, INCLUDING OPPORTUNITIES FOR TWO-WAY DIALOGUE.
S 48-0103. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1. "ADVISORY GROUP" MEANS THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY
GROUP ESTABLISHED BY SECTION 48-0105 OF THIS ARTICLE.
  2. "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION,
OFFICE, COUNCIL, COMMITTEE OR  OFFICER  OF  THE  STATE,  OR  ANY  PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION AT LEAST ONE OF WHOSE MEMBERS IS
APPOINTED BY THE GOVERNOR.
  3.  "ENVIRONMENTAL  JUSTICE"  MEANS  THE FAIR TREATMENT AND MEANINGFUL
INVOLVEMENT OF ALL PEOPLE REGARDLESS OF RACE, COLOR, RELIGION,  NATIONAL
ORIGIN  OR  INCOME  WITH  RESPECT TO THE DEVELOPMENT, IMPLEMENTATION AND
ENFORCEMENT OF LAWS, REGULATIONS AND POLICIES AFFECTING THE  QUALITY  OF
THE ENVIRONMENT.
  4. "FAIR TREATMENT" MEANS THAT NO GROUP OF PEOPLE, INCLUDING A RACIAL,
ETHNIC  OR  SOCIOECONOMIC GROUP, SHOULD BE DISPROPORTIONATELY EXPOSED TO
POLLUTION OR BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVIRONMENTAL
CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL AND  COMMERCIAL  OPER-
ATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL AND TRIBAL PROGRAMS AND
POLICIES,  AND  FURTHER MEANS THAT NO SUCH GROUP OF PEOPLE SHOULD SUFFER
FROM INEQUITABLE ALLOCATION OF PUBLIC RESOURCES OR FINANCIAL  ASSISTANCE
FOR  ENVIRONMENTAL  PROTECTION  AND STEWARDSHIP, INCLUDING ENVIRONMENTAL
REMEDIATION, POLLUTION PREVENTION,  OPEN  SPACE  ACQUISITION  AND  OTHER
PROTECTION AND STEWARDSHIP ACTIVITIES.
  5.  "MEANINGFUL  INVOLVEMENT" MEANS THE PROVISION OF OPPORTUNITIES FOR
CITIZEN PARTICIPATION IN DECISION MAKING THAT ARE AS REFLECTIVE  OF  THE
DIVERSITY  OF INTERESTS AND PERSPECTIVE FOUND WITHIN THE AFFECTED COMMU-
NITY AS POSSIBLE, INCLUDING THOSE OF RACIAL,  ETHNIC  AND  SOCIOECONOMIC
GROUPS;  THAT  ARE  PROVIDED AS EARLY AS POSSIBLE IN THE DECISION MAKING
PROCESS PRIOR TO THE SELECTION OF A PREFERRED  COURSE  OF  ACTION  BY  A
DECISION MAKING AGENCY OR AGENCIES; THAT PROVIDE FULL, TIMELY AND ACCES-
SIBLE  DISCLOSURE AND SHARING OF INFORMATION BY THE GOVERNMENT AGENCY OR
AGENCIES INVOLVED, INCLUDING THE PROVISION OF  TECHNICAL  DATA  AND  THE
ASSUMPTIONS  UPON  WHICH  ANY  ANALYSES  ARE  BASED;  AND THAT ALLOW ALL
PEOPLE, REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR  INCOME,

S. 1629--A                          3

THE  OPPORTUNITY  TO  HAVE  THEIR  VIEWS HEARD AND CONSIDERED, INCLUDING
OPPORTUNITIES FOR TWO-WAY DIALOGUE.
S 48-0105. PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP.
  1. THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT TO CONSIST OF SEVENTEEN MEMBERS, AS FOLLOWS:
  (A) FIVE MEMBERS SHALL BE REPRESENTATIVES OF COMMUNITY-BASED ORGANIZA-
TIONS THAT ADVISE OR ASSIST MINORITY AND LOW-INCOME COMMUNITIES ON ENVI-
RONMENTAL MATTERS.
  (B)  FOUR  MEMBERS  SHALL  BE  REPRESENTATIVES OF BUSINESSES THAT HOLD
PERMITS OR OTHERWISE OPERATE SUBJECT TO THIS CHAPTER.
  (C) TWO MEMBERS SHALL BE REPRESENTATIVES OF ENVIRONMENTAL CONSERVATION
OFFICES OF LOCAL GOVERNMENT.
  (D) THE  REMAINING  MEMBERS  SHALL  BE  REPRESENTATIVES  OF  STATE  OR
NATIONAL  ORGANIZATIONS  PROMOTING ENVIRONMENTAL CONSERVATION, RESEARCH-
ERS, EDUCATORS AND MEMBERS OF THE GENERAL PUBLIC.
  (E) ONE OF THE MEMBERS APPOINTED PURSUANT TO EACH OF  PARAGRAPHS  (A),
(B), (C) AND (D) OF THIS SUBDIVISION SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT  OF  THE  SENATE, AND ONE OF THE MEMBERS APPOINTED PURSUANT TO
EACH OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS  SUBDIVISION  SHALL  BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY.  ONE MEMBER SHALL BE APPOINTED
BY  THE  MINORITY LEADER OF THE SENATE AND ONE MEMBER SHALL BE APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY.  THE REMAINING MEMBERS APPOINTED
PURSUANT TO THIS SUBDIVISION SHALL BE APPOINTED  BY  THE  GOVERNOR.  THE
REPLACEMENT  OF  ANY  MEMBER  SHALL BE IN ACCORDANCE WITH THE PROVISIONS
CONTAINED IN THIS SECTION FOR APPOINTMENT OF MEMBERS.
  2. (A) EACH MEMBER OF THE ADVISORY GROUP SHALL SERVE  FOR  A  TERM  OF
FOUR  YEARS  OR  UNTIL  HIS  OR  HER  SUCCESSOR  IS  APPOINTED. A MEMBER
APPOINTED TO FILL A VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE
MEMBER HE OR SHE IS APPOINTED TO SUCCEED. THE MEMBERS  OF  THE  ADVISORY
GROUP  SHALL  RECEIVE  NO  COMPENSATION  FOR THEIR SERVICES BUT SHALL BE
REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECESSARILY INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES HEREUNDER.
  (B)  THE  ADVISORY  GROUP SHALL SELECT A CHAIR FROM AMONG THE MEMBERS.
THE ADVISORY GROUP SHALL MEET AS FREQUENTLY AS NECESSARY, BUT  NOT  LESS
THAN THREE TIMES PER YEAR. SUCH MEETINGS SHALL BE HELD AT SUCH LOCATIONS
AS  THE ADVISORY GROUP MAY DETERMINE. ALL SUCH MEETINGS SHALL BE SUBJECT
TO THE OPEN MEETINGS LAW. AT LEAST ONE MEETING ANNUALLY  SHALL  BE  HELD
JOINTLY  WITH THE ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL
ESTABLISHED PURSUANT TO SECTION 48-0111 OF THIS ARTICLE. EACH MEMBER  OF
THE ADVISORY GROUP SHALL BE ENTITLED TO DESIGNATE IN WRITING A REPRESEN-
TATIVE  TO  ATTEND MEETINGS IN HIS OR HER PLACE AND TO VOTE OR OTHERWISE
ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE.
  (C) STAFF SERVICES FOR THE ADVISORY GROUP SHALL BE PERFORMED,  INSOFAR
AS  PRACTICABLE,  BY PERSONNEL OF THE DEPARTMENT. THE ADVISORY GROUP MAY
REQUEST AND SHALL RECEIVE FROM ANY STATE AGENCY SUCH ASSISTANCE AND DATA
AS WILL ENABLE IT PROPERLY TO CARRY OUT  ITS  ACTIVITIES  HEREUNDER  AND
EFFECTUATE THE PURPOSES SET FORTH HEREIN.
S 48-0107. POWERS AND DUTIES.
  THE ADVISORY GROUP SHALL HAVE THE POWER AND DUTY TO:
  1.  ADOPT A MODEL ENVIRONMENTAL JUSTICE POLICY APPLICABLE GENERALLY TO
STATE AGENCIES THAT ENGAGE IN ACTIVITIES OR OPERATIONS THAT MAY  HAVE  A
SIGNIFICANT  EFFECT  ON  THE  ENVIRONMENT,  INCLUDING BUT NOT LIMITED TO
THROUGH THE ADOPTION OF RULES  AND  REGULATIONS,  ISSUANCE  OF  PERMITS,
ACQUISITION  OR  MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER-
TAKING OF PROJECTS. SUCH POLICY SHALL BE ADOPTED NOT LATER THAN ONE YEAR
AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE.  THE  ADVISORY  GROUP  SHALL

S. 1629--A                          4

DEVELOP THE MODEL POLICY IN CONSULTATION WITH REPRESENTATIVES OF MINORI-
TY  AND  LOW-INCOME  COMMUNITIES,  REGULATED  PARTIES, THE ENVIRONMENTAL
JUSTICE INTERAGENCY COORDINATING COUNCIL AND OTHER  STATE  AGENCIES  AND
THE  PUBLIC  AND  SHALL  HOLD  A PUBLIC HEARING THEREON IN EACH JUDICIAL
DEPARTMENT. NOTICE OF SUCH HEARINGS AND NOTICE OF THE  ADOPTION  OF  THE
MODEL POLICY SHALL BE PUBLISHED IN THE STATE REGISTER;
  2.  ADVISE  STATE  AGENCIES  OF  THEIR  RESPONSIBILITIES UNDER SECTION
48-0109 OF THIS ARTICLE;
  3. MONITOR COMPLIANCE WITH THE ENVIRONMENTAL JUSTICE POLICIES OF STATE
AGENCIES, MAKE RECOMMENDATIONS TO THE GOVERNOR,  LEGISLATURE  AND  STATE
AGENCIES  ON MEASURES TO IMPROVE SUCH POLICIES, AND REPORT NOT LESS THAN
ANNUALLY ON THE EXTENT TO WHICH AGENCIES  ARE  IN  COMPLIANCE  WITH  THE
REQUIREMENTS  OF  THIS ARTICLE AND OTHER STATE LAWS AND FEDERAL LAWS AND
REGULATIONS RELATING TO ENVIRONMENTAL JUSTICE;
  4. PROVIDE COMMENTS ON ANY PROPOSED RULE, REGULATION OR  POLICY  OF  A
STATE OR FEDERAL AGENCY RELATED TO ENVIRONMENTAL JUSTICE;
  5.  ACCEPT,  AS AGENT OF THE STATE, ANY GRANT INCLUDING FEDERAL GRANTS
OR ANY GIFT FOR THE PURPOSES OF THIS ARTICLE. ANY MONIES SO RECEIVED MAY
BE EXPENDED BY THE ADVISORY GROUP TO  EFFECTUATE  ANY  PURPOSE  OF  THIS
ARTICLE, SUBJECT TO THE APPLICABLE PROVISIONS OF THE STATE FINANCE LAW;
  6. CONDUCT PUBLIC HEARINGS WITH RESPECT TO ANY MATTER WITHIN THE SCOPE
OF ITS FUNCTIONS, POWERS AND DUTIES;
  7.  ADOPT,  AMEND  AND  REPEAL  BY-LAWS GOVERNING ITS ORGANIZATION AND
OPERATION AND SUCH RULES AND REGULATIONS, CONSISTENT WITH THIS  ARTICLE,
AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE; AND
  8.  DO  ANY  AND  ALL  THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS
FUNCTIONS, POWERS AND DUTIES UNDER THIS ARTICLE.
S 48-0109. AGENCY RESPONSIBILITIES.
  1. EACH STATE AGENCY THAT ENGAGES IN  ACTIVITIES  OR  OPERATIONS  THAT
HAVE  A SIGNIFICANT EFFECT ON THE ENVIRONMENT, INCLUDING BUT NOT LIMITED
TO THROUGH THE ADOPTION OF RULES AND REGULATIONS, ISSUANCE  OF  PERMITS,
ACQUISITION  OR  MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER-
TAKING OF PROJECTS, SHALL BE GUIDED  IN  ITS  DECISION  MAKING  ON  SUCH
ACTIVITIES  OR  OPERATIONS BY AN ENVIRONMENTAL JUSTICE POLICY. EACH SUCH
AGENCY SHALL ADOPT RULES AND REGULATIONS SETTING FORTH ITS ENVIRONMENTAL
JUSTICE POLICY NOT LATER THAN SIX MONTHS AFTER THE ADOPTION OF  A  MODEL
ENVIRONMENTAL  JUSTICE  POLICY PURSUANT TO SECTION 48-0107 OF THIS ARTI-
CLE. THE AGENCY THEREAFTER SHALL COMPLY IN ALL RESPECTS WITH  THE  ENVI-
RONMENTAL  JUSTICE  POLICY  SET  FORTH  IN  ITS  RULES  AND REGULATIONS;
PROVIDED, HOWEVER, THAT IN THE ABSENCE OF SUCH  RULES  AND  REGULATIONS,
THE  AGENCY  SHALL  COMPLY  IN ALL RESPECTS WITH THE MODEL ENVIRONMENTAL
JUSTICE POLICY.
  2. EACH STATE AGENCY SUBJECT TO THE REQUIREMENTS OF SUBDIVISION ONE OF
THIS SECTION SHALL:
  (A) APPOINT A STAFF MEMBER OF THE AGENCY  TO  SERVE  AS  ENVIRONMENTAL
JUSTICE  COORDINATOR,  TO PROVIDE INFORMATION TO THE PUBLIC ON THE POLI-
CIES, ACTIVITIES AND OPERATIONS OF THE AGENCY RELATED  TO  ENVIRONMENTAL
JUSTICE  AND  TO  ACT  AS  LIAISON TO THE ENVIRONMENTAL JUSTICE ADVISORY
GROUP;
  (B) NOTIFY THE ADVISORY GROUP OF THE APPOINTMENT OF  AN  ENVIRONMENTAL
JUSTICE COORDINATOR; AND
  (C)  DEVELOP AN ENVIRONMENTAL JUSTICE TRAINING PLAN WHICH INCLUDES THE
PROVISION OF  WORKSHOPS  AND  WRITTEN  MATERIALS  TO  APPROPRIATE  STAFF
REGARDING ENVIRONMENTAL JUSTICE AND IMPLEMENTATION OF THE AGENCY'S ENVI-
RONMENTAL JUSTICE POLICY.

S. 1629--A                          5

  3.  THIS  SECTION  SHALL APPLY TO ANY STATE AGENCY NOTWITHSTANDING ANY
EXEMPTION SUCH AGENCY MAY HAVE FROM OTHER LAWS, INCLUDING BUT NOT LIMIT-
ED TO ANY EXEMPTION FROM ARTICLE EIGHT OF THIS CHAPTER.
S 48-0111. ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.
  1.  THERE  IS  HEREBY ESTABLISHED AN ENVIRONMENTAL JUSTICE INTERAGENCY
COORDINATING COUNCIL WHICH SHALL HAVE THE POWER AND DUTY TO:
  (A) COORDINATE THE ACTIVITIES OF AGENCIES REQUIRED TO ADOPT  AN  ENVI-
RONMENTAL  JUSTICE POLICY PURSUANT TO SECTION 48-0109 OF THIS ARTICLE IN
DEVELOPMENT AND IMPLEMENTATION OF SUCH POLICIES;
  (B) MAKE ANNUAL REPORTS TO THE GOVERNOR AND THE LEGISLATURE CONCERNING
THE IMPLEMENTATION AND EFFECTIVENESS  OF  AGENCY  ENVIRONMENTAL  JUSTICE
POLICIES,  INCLUDING  THE ADEQUACY OF FUNDING AVAILABLE AND DIFFICULTIES
ENCOUNTERED; AND
  (C) SERVE AS A CLEARINGHOUSE FOR STATE AGENCIES  AND  THE  PUBLIC  FOR
INFORMATION  ON  ENVIRONMENTAL  JUSTICE  POLICIES, ENVIRONMENTAL JUSTICE
COORDINATORS IN STATE AGENCIES AND RELATED ACTIVITIES OF STATE AGENCIES,
AND MAINTAIN INFORMATION SERVICES,  INCLUDING  BUT  NOT  LIMITED  TO  AN
INTERNET  SITE AND A TOLL-FREE TELEPHONE NUMBER, TO INFORM THE PUBLIC ON
ENVIRONMENTAL JUSTICE.
  2. THE ENVIRONMENTAL JUSTICE COORDINATING COUNCIL  SHALL  INCLUDE  THE
COMMISSIONER;  THE  COMMISSIONER  OF THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT; THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION;  THE  PRESI-
DENT  OF  THE ENVIRONMENTAL FACILITIES CORPORATION; THE PRESIDENT OF THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;  THE  CHAIRMAN
OF THE PUBLIC SERVICE COMMISSION; THE CHAIRMAN OF THE POWER AUTHORITY OF
THE  STATE  OF  NEW  YORK;  THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE
OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH; OR THEIR DESIGNEES;
AND EVERY STAFF MEMBER CHOSEN BY AN AGENCY  TO  SERVE  AS  ENVIRONMENTAL
JUSTICE  COORDINATOR  PURSUANT  TO  SECTION 48-0109 OF THIS ARTICLE. THE
COUNCIL SHALL CONSULT WITH THE PERMANENT ENVIRONMENTAL JUSTICE  ADVISORY
GROUP; REPRESENTATIVES OF MINORITY AND LOW-INCOME COMMUNITIES, INCLUDING
COMMUNITY-BASED ORGANIZATIONS THAT ADVISE OR ASSIST MINORITY AND LOW-IN-
COME COMMUNITIES ON ENVIRONMENTAL MATTERS; REPRESENTATIVES OF BUSINESSES
THAT  HOLD  PERMITS OR OTHERWISE OPERATE SUBJECT TO THIS CHAPTER; REPRE-
SENTATIVES OF LOCAL GOVERNMENTS; REPRESENTATIVES  OF  LOCAL,  STATE,  OR
NATIONAL ORGANIZATIONS PROMOTING ENVIRONMENTAL CONSERVATION; RESEARCHERS
AND EDUCATORS; AND ANY OTHER PARTIES THE COUNCIL DEEMS APPROPRIATE.
  3.  THE  COORDINATING  COUNCIL SHALL MEET AT LEAST QUARTERLY AND SHALL
DESIGNATE ONE OF ITS MEMBERS TO SERVE AS  CHAIRPERSON  AND  ONE  OF  ITS
MEMBERS  TO  SERVE AS SECRETARY FOR THE DEVELOPMENT AND DISSEMINATION OF
MINUTES AND REPORTS. ALL SUCH MEETINGS SHALL  BE  SUBJECT  TO  THE  OPEN
MEETINGS  LAW.  AT LEAST ONE MEETING ANNUALLY SHALL BE HELD JOINTLY WITH
THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP ESTABLISHED  PURSUANT
TO  SECTION  48-0105  OF  THIS ARTICLE. EACH MEMBER SHALL BE ENTITLED TO
DESIGNATE IN WRITING A REPRESENTATIVE TO ATTEND MEETINGS IN HIS  OR  HER
PLACE  AND  TO  VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER
ABSENCE.
S 48-0113. SEPARABILITY.
  IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART  OF  THIS  ARTICLE
SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF, BUT SHALL BE CONFINED IN ITS  OPERATION  TO  THE  CLAUSE,  SENTENCE,
PARAGRAPH,  SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.