Creates a permanent environmental justice advisory group; provides that the function of the group is to ensure that no group of people, including a racial, ethnic, or socioeconomic group, bears a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies; empowers that advisory group to adopt a model environmental justice policy applicable to state agencies, and to monitor agencies on compliance with such policies; specifies responsibilities of state agencies; establishes an environmental justice interagency coordinating council.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3063
SPONSOR: Peoples-Stokes (MS) TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: This bill would establish a Permanent
Environmental justice Advisory Group within the Department of Environ-
mental Conservation (DEC) and an Environmental Justice Interagency Coor-
dinating Council, and would require state agencies to adopt and abide by
effective environmental justice policies.
SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new Article 48 to the
Environmental Conservation law entitled "Environmental Justice":
§ 48-0101 sets forth a declaration of policy regarding environmental
justice, affirming that all New Yorkers, regardless of race, color,
religion, national origin of income, have a right to fair treatment and
meaningful involvement in the development, implementation and enforce-
bent of laws, regulations and policies that affect the quality of the
environment.
§ 48-0103 provides definitions for "advisory group" (the permanent envi-
ronmental justice advisory group created in 848-0105), "agency" (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), and "environmental justice" (the fair treatment and meaning-
ful involvement of all people regardless of race, color; religion,
national origin or income with respect to the establishment of environ-
mental policies). 'Definitions are also provided for two phrases used in
the latter ("fair treatment" and "meaningful involvement").
§ 48-0105 establishes a permanent environmental justice advisory group
within the DEC. The advisory group shall be comprised of five members
representing community-based organizations that assist minority and
low-income communities on environmental matters, four representatives of
business, two local government environmental officials and four members
drawn from national or state environmental organizations, researchers,
educators and the general public. Provisions for appointment, terms and
organization of the advisory group are set forth. The advisory group
shall meet at least three times a year in compliance with the Open Meet-
ings Law.
§ 48-0107 sets forth the following powers and duties of the advisory
group:
*adopt a model environmental justice policy applicable generally to
state agencies that engage in activities that may have a significant
effect on the environment. The model policy shall be developed within
one year and after public hearings in each judicial department;
*advise agencies of their responsibilities under S48-0109, monitor agen-
cy compliance with environmental justice policies, make recommendations
to improve such policies, and report at least annually on agency compli-
ance; and
*comment on rules, regulations and policies relating to environmental
justice, accept grants or gifts and use them to effectuate Article 48,
conduct public hearings, adopt bylaws, rules and regulations and do any
and all things necessary and convenient to the exercise of its func-
tions, powers and duties.
§ 48-0109 specifies the responsibilities of state agencies that engage
in activities that may have a significant effect on the environment.
Each agency is required to adopt regulations setting forth its environ-
mental justice policy within six months after the adoption of the model
policy by the advisory group and comply in all respects with its adopted
policy. In the absence of such regulations, the agency must comply with-
the model policy. Agencies are required to designate a staff member as
environmental justice coordinator and to provide training in environ-
mental justice through workshops and written materials. This section
applies to an agency notwithstanding any exemption it may have from the
State Environmental Quality Review Act (SEQRA) or other laws.
§ 48-0111 establishes an Environmental Justice Interagency Coordinating
Council, comprised of the heads of DEC, the Department of Transporta-
tion, the Power Authority and other agencies that engage in activities
that impact the environment, or their designees, along with the agency
staff designated as environmental justice coordinators. The council has
the power and duty to coordinate the environmental justice activities of
the State, report annually of the effectiveness of agency 'environmental
justice policies, and serve as a clearinghouse on environmental justice
and maintain information services including a website and a toll-free
hotline.
JUSTIFICATION: Environmental justice is a concept of extreme impor-
tance to New Yorkers who reside or work in or near communities with
large minority populations or with large numbers of low income resi-
dents. All too often these communities have suffered from dispropor-
tionate levels of pollution and have not received a fair share of envi-
ronmental benefits.
In 1999, DEC received a grant from the U.S. Environmental Protection
Agency to develop a comprehensive environmental justice program and
policies, and shortly thereafter convened an environmental justice advi-
sory group. In January of 2002, the advisory group issued its report
-"Recommendations for the New York State Department of Environmental
Conservation Environmental Justice Program." In march, 2003, DEC adopted
a policy on "Environmental Justice and Permitting' but took no action on
several of the advisory group's other recommendations. This bill would
implement the recommendation of the advisory group to continue a perma-
nent advisory group structure, ensure that actions of agencies to
address environmental justice. These statutory provisions will ensure
that New York State continues to move forward and improve its overall
policies on environmental justice and will help the members of minority
and low-income communities in their efforts to make their neighborhoods
more livable.
PRIOR LEGISLATIVE HISTORY: A8805-A of 2003/2004; A4190 of 2005/2006;
A2003 of 2007/2008; A8490a of 2009/2010; A947 of 2011/2012; A3569 of
2013/2014.
FISCAL IMPLICATIONS FOR STATE AND LOCAL.GOVERNMENTS: None.
EFFECTIVE DATE: First of January next succeeding the date on which it
becomes a law.
