senate Bill S620

2013-2014 Legislative Session

Declares a policy of equal treatment in development and enforcement of environmental laws, regulations and policies

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
Apr 16, 2013 reported and committed to investigations and government operations
Mar 08, 2013 notice of committee consideration - requested
Jan 09, 2013 referred to environmental conservation

Votes

view votes

Jun 4, 2013 - Environmental Conservation committee Vote

S620
6
2
committee
6
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jun 4, 2013

nay (2)

Apr 16, 2013 - Environmental Conservation committee Vote

S620
6
2
committee
6
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Apr 16, 2013

nay (2)

Co-Sponsors

S620 - Bill Details

See Assembly Version of this Bill:
A106
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §1-0101, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1647, S1973
2009-2010: A1647, A8432A

S620 - Bill Texts

view summary

Declares a policy of equal treatment of people of all races, cultures, religions, incomes, education levels and sexual preference in the development and enforcement of environmental laws, regulations and policies.

view sponsor memo
BILL NUMBER:S620

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to declaring a
policy of equal treatment in the
development and enforcement of
environmental laws, regulations and policies

PURPOSE:
Development and enforcement of environmental laws, regulations and
policies. This bill will ensure that the environmental philosophy and
policy which guides the State of New York provides environmental
justice for all people.

SUMMARY OF PROVISIONS:
Bill § 1 amends the declaration of policy statement in § 1-0101(1) of
the Environmental Conservation Law (ECL) to ensure that all people,
regardless of race, culture, national origin, income or community of
residence, shall be treated equally with respect to development,
implementation and enforcement of environmental laws, regulations,
and policies, and should be free from any disproportionate exposure
or risk of exposure to pollution and from the cumulative negative
impacts resulting from over-concentration of polluted sites or
regulated environmental facilities, nor should people be deprived of
locally accessible open space or other environmental benefits due to
lack of political or economic strength.

Bill § 2 further amends the declaration of policy to remove an
unintended gender bias in ECL § 1-0101(3).

SUMMARY OF PROVISIONS:
Bill § 1 is amended to more closely align the policy statement in
§ 1-0101 with environmental justice policies adopted by other states
and other levels of government.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The ECL currently does not address environmental justice concerns.

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 was a result of differential levels of political and
economic resources available to these communities.

Over the past two decades, it has become apparent that (as described
by the US Environmental Protection Agency): "Environmental Justice is
the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation, and enforcement of environmental
laws, regulations, and policies." It is also increasingly recognized
that all people should be free from disproportionate exposures or
risks of exposure to pollution, including from the disparate


concentration of contaminated sites or hazardous operations in their
neighborhoods, and that environmental benefits should be equitably
distributed. This bill would establish these worthy principles in the
ECL.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
1973 (Gianaris) - Died in Senate Rules
Committee
Environmental
2012: Assembly Bill
1645 (Kavanagh) - Died in Assembly
Environmental Conservation Committee
2010: Assembly Bill
8432A (Gianaris) - Died in Assembly
Environmental Conservation Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   620

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GIANARIS -- 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
  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

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.