S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2234
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES, ROSENTHAL, GOTTFRIED, TITUS,
   PERRY -- read once and referred  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.
 § 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,
 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.
              

                                                            LBD03456-01-7

 A. 2234                             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.
 § 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.

 A. 2234                             3
 
 § 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.
 § 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

 A. 2234                             4
 
 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.
 § 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.
   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.

 A. 2234                             5
 
 § 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.
 § 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.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.