S T A T E O F N E W Y O R K
________________________________________________________________________
2996--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. PEOPLES-STOKES, JAFFEE, CAHILL, COOK -- Multi-
Sponsored by -- M. of A. BRENNAN, LUPARDO, ROBINSON -- read once and
referred to the Committee on Environmental Conservation -- recommitted
to the Committee on Environmental Conservation in accordance with
Assembly Rule 3, sec. 2 -- 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 the "New York state environmental justice act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known as the "New York state
environmental justice act".
S 2. Legislative findings and purpose. The legislature hereby finds
and declares that:
1. Racial and ethnic minority populations and low-income communities
bear a disproportionate share of the health risks caused by polluted air
and contaminated water, and by solid waste landfills, hazardous waste
facilities, waste water treatment plants, waste incinerators, and other
similar projects.
2. This disproportionate impact of environmental hazards on minority
and low-income communities is largely the result of past governmental
decisions.
3. The federal government underscored the importance of environmental
justice in executive order 12898 and created the national environmental
justice advisory council to promote environmental justice in the envi-
ronmental protection agency's policies, programs, initiatives and activ-
ities.
4. The state is committed to ensuring that communities are afforded
fair treatment and meaningful involvement in decision-making regardless
of race, color, ethnicity, religion, income or education level.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01282-03-6
A. 2996--A 2
The purpose of this act is to establish governmental procedures in
order to safeguard residents' health and welfare, and achieve environ-
mental justice.
S 3. The environmental conservation law is amended by adding a new
article 74 to read as follows:
ARTICLE 74
NEW YORK STATE ENVIRONMENTAL JUSTICE ACT
SECTION 74-1001. DEFINITIONS.
74-1002. IMPLEMENTATION OF ENVIRONMENTAL JUSTICE POLICIES.
74-1003. ENVIRONMENTAL JUSTICE TASK FORCE.
S 74-1001. DEFINITIONS.
FOR PURPOSES OF THIS ARTICLE "ENVIRONMENTAL JUSTICE" MEANS THE FAIR
TREATMENT OF PEOPLE OF ALL RACES, CULTURES AND INCOMES IN THE DEVELOP-
MENT, ADOPTION, IMPLEMENTATION AND ENFORCEMENT OF ENVIRONMENTAL LAWS AND
POLICIES.
S 74-1002. IMPLEMENTATION OF ENVIRONMENTAL JUSTICE POLICIES.
1. ALL STATE AGENCIES, BOARDS, COMMISSIONS AND OTHER BODIES INVOLVED
IN DECISIONS THAT MAY AFFECT ENVIRONMENTAL QUALITY SHALL ADOPT AND
IMPLEMENT ENVIRONMENTAL JUSTICE POLICIES PROVIDING MEANINGFUL OPPORTU-
NITIES FOR INVOLVEMENT TO ALL PEOPLE, REGARDLESS OF RACE, COLOR, ETHNIC-
ITY, RELIGION, INCOME OR EDUCATION LEVEL.
2. ALL STATE PROGRAMS AND POLICIES DESIGNED TO PROTECT THE ENVIRONMENT
SHALL BE REVIEWED PERIODICALLY TO ENSURE THAT PROGRAM IMPLEMENTATION AND
DISSEMINATION OF INFORMATION MEET THE NEEDS OF LOW-INCOME AND MINORITY
COMMUNITIES, AND SEEK TO ADDRESS DISPROPORTIONATE EXPOSURE TO ENVIRON-
MENTAL HAZARDS.
3. THE DEPARTMENT WILL USE AVAILABLE ENVIRONMENTAL AND PUBLIC HEALTH
DATA TO IDENTIFY EXISTING AND PROPOSED INDUSTRIAL AND COMMERCIAL FACILI-
TIES AND AREAS IN COMMUNITIES OF COLOR AND LOW-INCOME COMMUNITIES FOR
WHICH COMPLIANCE, ENFORCEMENT, REMEDIATION, SITING AND PERMITTING STRAT-
EGIES WILL BE TARGETED TO ADDRESS IMPACTS FROM THESE FACILITIES.
4. THE DEPARTMENT SHALL CREATE AN ENVIRONMENTAL JUSTICE ADVISORY COUN-
CIL TO ADVISE THE DEPARTMENT AND THE ENVIRONMENTAL JUSTICE TASK FORCE ON
ENVIRONMENTAL JUSTICE ISSUES. THE COUNCIL SHALL CONSIST OF FIFTEEN INDI-
VIDUALS AND WILL MEET AT LEAST QUARTERLY. THE COUNCIL SHALL ANNUALLY
SELECT A CHAIRPERSON FROM ITS MEMBERSHIP AND SHALL HAVE A COMPOSITION OF
ONE-THIRD MEMBERSHIP FROM GRASSROOTS OR FAITH-BASED COMMUNITY ORGANIZA-
TIONS, WITH ADDITIONAL MEMBERSHIP TO INCLUDE REPRESENTATIVES FROM THE
FOLLOWING COMMUNITIES: ACADEMIC PUBLIC HEALTH, STATEWIDE ENVIRONMENTAL,
CIVIL RIGHTS AND PUBLIC HEALTH ORGANIZATIONS, LARGE AND SMALL BUSINESS
AND INDUSTRY, MUNICIPAL AND COUNTY OFFICIALS, AND ORGANIZED LABOR.
S 74-1003. ENVIRONMENTAL JUSTICE TASK FORCE.
1. THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF HEALTH,
OR THEIR APPOINTED DESIGNEES, SHALL CONVENE A MULTI-AGENCY TASK FORCE,
TO BE NAMED THE ENVIRONMENTAL JUSTICE TASK FORCE. THIS TASK FORCE WILL
INCLUDE SENIOR MANAGEMENT DESIGNEES FROM THE GOVERNOR COUNSEL'S OFFICE,
THE ATTORNEY GENERAL'S OFFICE, THE DEPARTMENTS OF HEALTH, AGRICULTURE
AND MARKETS, TRANSPORTATION, AND EDUCATION. THE TASK FORCE SHALL BE AN
ADVISORY BODY, THE PURPOSE OF WHICH IS TO MAKE RECOMMENDATIONS TO STATE
AGENCY HEADS REGARDING ACTIONS TO BE TAKEN TO ADDRESS ENVIRONMENTAL
JUSTICE ISSUES CONSISTENT WITH EACH AGENCY'S EXISTING STATUTORY AND
REGULATORY AUTHORITY. THE TASK FORCE IS AUTHORIZED TO CONSULT WITH, AND
EXPAND ITS MEMBERSHIP TO, OTHER STATE AGENCIES AS NEEDED TO ADDRESS
CONCERNS RAISED IN AFFECTED COMMUNITIES.
2. ANY COMMUNITY MAY FILE A PETITION WITH THE TASK FORCE THAT ASSERTS
THAT RESIDENTS AND WORKERS IN THE COMMUNITY ARE SUBJECT TO DISPROPOR-
A. 2996--A 3
TIONATE ADVERSE EXPOSURE TO ENVIRONMENTAL HEALTH RISKS, OR DISPROPOR-
TIONATE ADVERSE EFFECTS RESULTING FROM THE IMPLEMENTATION OF LAWS
AFFECTING PUBLIC HEALTH OR THE ENVIRONMENT.
3. THE TASK FORCE SHALL IDENTIFY A SET OF COMMUNITIES FROM THE
PETITIONS FILED, BASED ON SELECTION CRITERIA DEVELOPED BY THE TASK
FORCE, INCLUDING CONSIDERATION OF STATE AGENCY RESOURCE CONSTRAINTS. THE
TASK FORCE SHALL MEET DIRECTLY WITH THE SELECTED COMMUNITIES TO UNDER-
STAND THEIR CONCERNS.
4. THE TASK FORCE SHALL DEVELOP AN ACTION PLAN FOR EACH OF THE
SELECTED COMMUNITIES AFTER CONSULTATION WITH THE CITIZENS, AS WELL AS
LOCAL AND COUNTY GOVERNMENT AS RELEVANT, THAT WILL ADDRESS ENVIRONMENTAL
FACTORS THAT AFFECT COMMUNITY HEALTH. THE ACTION PLAN SHALL CLEARLY
DELINEATE THE STEPS THAT WILL BE TAKEN IN EACH OF THE SELECTED COMMUNI-
TIES TO REDUCE EXISTING ENVIRONMENTAL BURDENS AND AVOID OR REDUCE THE
IMPOSITION OF ADDITIONAL ENVIRONMENTAL BURDENS THROUGH ALLOCATIONS OF
RESOURCES, EXERCISE OF REGULATORY DISCRETION, AND DEVELOPMENT OF NEW
STANDARDS AND PROTECTIONS. THE ACTION PLAN, WHICH SHALL BE DEVELOPED IN
CONSULTATION WITH THE ENVIRONMENTAL JUSTICE ADVISORY COUNCIL, WILL SPEC-
IFY COMMUNITY DELIVERABLES, A TIMEFRAME FOR IMPLEMENTATION, AND THE
JUSTIFICATION AND AVAILABILITY OF FINANCIAL AND OTHER RESOURCES TO
IMPLEMENT THE PLAN. THE TASK FORCE SHALL PRESENT THE ACTION PLAN TO THE
RELEVANT DEPARTMENTS, RECOMMENDING ITS IMPLEMENTATION.
5. THE TASK FORCE SHALL MONITOR THE IMPLEMENTATION OF EACH ACTION PLAN
IN THE SELECTED COMMUNITIES, AND SHALL MAKE RECOMMENDATIONS TO STATE
AGENCIES AS NECESSARY TO FACILITATE IMPLEMENTATION OF THE ACTION PLANS.
AGENCIES SHALL IMPLEMENT THE STRATEGY TO THE FULLEST EXTENT PRACTICABLE
IN LIGHT OF STATUTORY AND RESOURCE CONSTRAINTS.
S 4. This act shall take effect July 1, 2017; provided however, that
the environmental justice task force and the environmental justice advi-
sory council shall be established and operating by October 1, 2017.