NY State Senate Bill S1232

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2022	referred to environmental conservation delivered to assembly passed senate
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.770
Jan 05, 2022	referred to environmental conservation returned to senate died in assembly
Jun 08, 2021	referred to environmental conservation delivered to assembly passed senate
May 12, 2021	advanced to third reading
May 11, 2021	2nd report cal.
May 10, 2021	1st report cal.974
Jan 08, 2021	referred to environmental conservation

Votes

view votes

May 9, 2022 - floor Vote

S1232

floor

Aye

Nay

Absent

Excused

Abstained

Apr 25, 2022 - Environmental Conservation committee Vote

S1232

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Apr 25, 2022

aye (9)

nay (1)

Stec

aye wr (1)

Ritchie

Jun 8, 2021 - floor Vote

S1232

floor

Aye

Nay

Absent

Excused

Abstained

May 10, 2021 - Environmental Conservation committee Vote

S1232

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 10, 2021

aye (9)

nay (1)

Stec

aye wr (1)

Ritchie

Co-Sponsors

S1232 (ACTIVE) - Details

See Assembly Version of this Bill:: A9057
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §1-0101, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1973
2013-2014: S620
2015-2016: S2455
2017-2018: S3102
2019-2020: S2104

S1232 (ACTIVE) - Summary

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

S1232 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1232

SPONSOR: GIANARIS
 
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 poli-
cies. 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:

Section 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, gender identity or

expression, disability, 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.

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

 
EXISTING LAW:

 
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 environ-
mental hazards. This study found that minority neighborhoods, even more
than poor neighborhoods, are saddled with an unfair share of incinera-
tors, 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." New York State Civil Rights Law also recognizes that people
of all gender identities and expressions, and disabilities, must be
protected from anti-discriminatory behavior. These classes have there-
fore been added to this bill as well. 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.
Environmental justice is integral to the protection of every New
Yorker's fundamental, unalienable rights. The tragic impacts of climate
change are disproportionately impacting low-income communities and
communities of color. This bill will take a critical step to ensure all
New Yorkers are protected as we reckon with the impacts of anthropogenic
climate change and require that intersectional and inclusive environ-
mental justice is at the core of our policymaking.

 
LEGISLATIVE HISTORY:

2020: Died in Environmental Conservation

2019: Died in Environmental Conservation

2018: Died in Environmental Conservation

2017: Died in Environmental Conservation

2016: Died in Environmental Conservation

2015: Died in Environmental Conservation

2014: Died in Senate Environmental Conservation

2012: Died in Senate Rules Committee Environmental

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.

S1232 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1232
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS, HOYLMAN, KRUEGER, SERRANO -- 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, GENDER IDENTITY OR
 EXPRESSION,  DISABILITY,  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 ENVI-
 RONMENTAL  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 RESULT-
 ING 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 ENVIRON-
 MENTAL BENEFITS DUE TO LACK OF POLITICAL OR ECONOMIC STRENGTH.
   § 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:
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03117-02-1

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The New York State Senate

senate Bill S1232

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 9, 2022 - floor Vote

Floor Vote: May 9, 2022

Apr 25, 2022 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Apr 25, 2022

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

May 10, 2021 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 10, 2021

Co-Sponsors

S1232 (ACTIVE) - Details

S1232 (ACTIVE) - Summary

S1232 (ACTIVE) - Sponsor Memo

S1232 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1232

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 9, 2022 - floor Vote

Floor Vote: May 9, 2022

Apr 25, 2022 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Apr 25, 2022

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

May 10, 2021 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: May 10, 2021

Co-Sponsors

S1232 (ACTIVE) - Details

S1232 (ACTIVE) - Summary

S1232 (ACTIVE) - Sponsor Memo

S1232 (ACTIVE) - Bill Text download pdf

Comments