BILL NUMBER:S193

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)
2011 REFERRED TO ENVIRONMENTAL CONSERVATION
2012 REFERRED TO ENVIRONMENTAL CONSERVATION


FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.