- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A08960 Summary:
BILL NO | A08960 |
  | |
SAME AS | SAME AS S06958 |
  | |
SPONSOR | Peoples-Stokes |
  | |
COSPNSR | D'Urso, Otis, Wright |
  | |
MLTSPNSR | |
  | |
Amd Art 48, En Con L (as proposed in S.2385 & A.1564) | |
  | |
Establishes a permanent environmental justice advisory group and an environmental justice interagency coordinating council. |
A08960 Actions:
BILL NO | A08960 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2020 | referred to environmental conservation | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2020 | referred to environmental conservation | |||||||||||||||||||||||||||||||||||||||||||||||||
01/28/2020 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2020 | advanced to third reading cal.364 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | SUBSTITUTED FOR S6958 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | 3RD READING CAL.37 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
04/17/2020 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
04/17/2020 | signed chap.28 |
A08960 Committee Votes:
Englebright | Aye | Stec | Aye | ||||||
Glick | Aye | Palumbo | Aye | ||||||
Colton | Aye | Miller ML | Aye | ||||||
Cymbrowitz | Aye | Miller B | Aye | ||||||
Lifton | Aye | Tague | Aye | ||||||
O'Donnell | Aye | LiPetri | Aye | ||||||
Gunther | Aye | Smullen | Aye | ||||||
Jaffee | Aye | Crouch | Aye | ||||||
Crespo | Aye | ||||||||
Thiele | Aye | ||||||||
Abinanti | Aye | ||||||||
Ryan | Aye | ||||||||
Fahy | Aye | ||||||||
Otis | Aye | ||||||||
Williams | Aye | ||||||||
Barrett | Aye | ||||||||
D'Urso | Aye | ||||||||
Carroll | Aye | ||||||||
Burke | Excused | ||||||||
Griffin | Aye | ||||||||
Romeo | Aye | ||||||||
Epstein | Aye | ||||||||
Go to top
A08960 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Gantt
Yes
LiPetri
Yes
Perry
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barclay
Yes
Darling
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
ER
Barnwell
Yes
Raynor
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Steck
Yes
Barrett
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stern
Yes
Barron
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Ramos
Yes
Stirpe
Yes
Benedetto
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Reilly
No
Tague
Yes
Bichotte
Yes
DeStefano
No
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Taylor
ER
Blake
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Vanel
Yes
Brabenec
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Rodriguez
Yes
Walczyk
Yes
Braunstein
No
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Romeo
Yes
Walker
Yes
Bronson
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal D
Yes
Wallace
Yes
Buchwald
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal L
Yes
Walsh
Yes
Burke
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weinstein
Yes
Buttenschon
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Ryan
Yes
Weprin
Yes
Byrne
Yes
Fahy
Yes
Joyner
No
Norris
Yes
Salka
Yes
Williams
Yes
Byrnes
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Santabarbara
Yes
Woerner
Yes
Cahill
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Sayegh
Yes
Wright
Yes
Carroll
ER
Finch
No
Lalor
Yes
Otis
ER
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Fitzpatrick
ER
Lavine
Yes
Palmesano
Yes
Schmitt
Yes
Mr. Speaker
Yes
Cook
No
Friend
No
Lawrence
Yes
Palumbo
Yes
Seawright
‡ Indicates voting via videoconference
A08960 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8960 IN ASSEMBLY January 6, 2020 ___________ Introduced by M. of A. PEOPLES-STOKES -- 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: 1 Section 1. Article 48 of the environmental conservation law, as added 2 by a chapter of the laws of 2019, amending the environmental conserva- 3 tion law relating to establishing a permanent environmental justice 4 advisory group and an environmental justice interagency coordinating 5 council, as proposed in legislative bills numbers S. 2385 and A. 1564, 6 is amended to read as follows: 7 ARTICLE 48 8 ENVIRONMENTAL JUSTICE 9 Section 48-0101. Declaration of policy. 10 48-0103. Definitions. 11 48-0105. Permanent environmental justice advisory group. 12 48-0107. Powers and duties. 13 48-0109. Agency responsibilities. 14 48-0111. Environmental justice interagency coordinating council. 15 48-0113. Separability. 16 § 48-0101. Declaration of policy. 17 1. It is hereby declared to be the policy of this state that all 18 people, regardless of race, color, religion, national origin or income, 19 have a right to fair treatment and meaningful involvement in the devel- 20 opment, implementation and enforcement of laws, regulations and policies 21 that affect the quality of the environment. 22 2. It shall further be the policy of the state that no group of 23 people, including a racial, ethnic or socioeconomic group, should be 24 disproportionately exposed to pollution or bear a disproportionate share 25 of the negative environmental consequences resulting from industrial, 26 municipal or commercial operations, or the execution of federal, 27 state[,] or local [or tribal] programs and policies. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04712-02-9A. 8960 2 1 3. It shall further be the policy of the state that no group of 2 people, including a racial, ethnic or socioeconomic group, should suffer 3 from inequitable allocation of public resources or financial assistance 4 for environmental protection and stewardship, including environmental 5 remediation, pollution prevention, open space acquisition and/or other 6 protection and stewardship activities. 7 4. It shall further be the policy of the state that opportunities for 8 citizen involvement in the development[, implementation and enforcement] 9 of laws, regulations and policies that affect the quality of the envi- 10 ronment be as reflective of the diversity of interests and perspective 11 found within the affected community as possible, including those of 12 racial, ethnic and socioeconomic groups; that [they] such opportunities 13 be provided as early as possible in the decision making process [prior14to the selection of a preferred course of action by federal, state,15local or tribal agencies]; that [they] such opportunities provide full, 16 timely and accessible disclosure of public records and sharing of infor- 17 mation by the government agency or agencies involved, including the 18 provision of technical data and the assumptions upon which any analyses 19 are based; and that [they] such opportunities allow all people, regard- 20 less of race, color, religion, national origin or income, the opportu- 21 nity to have their views heard and considered, including opportunities 22 for two-way dialogue. 23 § 48-0103. Definitions. 24 As used in this article: 25 1. "Advisory group" means the permanent environmental justice advisory 26 group established by section 48-0105 of this article. 27 2. "Agency" means any state department, agency, board, bureau, commis- 28 sion, division, office, council[, committee or officer of the state], or 29 any public authority or public benefit corporation [at least one of30whose members is appointed by the governor]. 31 3. "Environmental justice" means the fair treatment and meaningful 32 involvement of all people regardless of race, color, religion, national 33 origin or income with respect to the development, implementation and 34 enforcement of laws, regulations and policies affecting the quality of 35 the environment. 36 4. "Fair treatment" means that no group of people, including a racial, 37 ethnic or socioeconomic group, should be disproportionately exposed to 38 pollution or bear a disproportionate share of the negative environmental 39 consequences resulting from [industrial, municipal and commercial oper-40ations or the] execution of federal, state[,] and local [and tribal] 41 programs and policies, and further means that no such group of people 42 should suffer from inequitable allocation of public resources or finan- 43 cial assistance for environmental protection and stewardship, including 44 environmental remediation, pollution prevention, open space acquisition 45 and other protection and stewardship activities. 46 5. "Meaningful involvement" means the provision of opportunities for 47 citizen participation in decision making that are as reflective of the 48 diversity of interests and perspective found within the affected commu- 49 nity as possible, including those of racial, ethnic and socioeconomic 50 groups; that are provided as early as possible in the decision making 51 process [prior to the selection of a preferred course of action by a52decision making agency or agencies]; that provide full, timely and 53 accessible disclosure of public records and sharing of information by 54 the government agency or agencies involved, including the provision of 55 technical data and the assumptions upon which any analyses are based; 56 and that allow all people, regardless of race, color, religion, nationalA. 8960 3 1 origin or income, the opportunity to have their views heard and consid- 2 ered, including opportunities for two-way dialogue. 3 § 48-0105. Permanent environmental justice advisory group. 4 1. The permanent environmental justice advisory group is hereby estab- 5 lished in the department to consist of [seventeen] sixteen members, as 6 follows: 7 (a) Five members shall be representatives of community-based organiza- 8 tions that advise or assist minority and low-income communities on envi- 9 ronmental matters[.]; and 10 (b) Four members shall be representatives of businesses that hold 11 state-issued permits or otherwise operate subject to this chapter. 12 [(c) Two members shall be representatives of environmental conserva-13tion offices of local government.14(d) The remaining members shall be representatives of state or15national organizations promoting environmental conservation, research-16ers, educators and members of the general public.17(e)] (c) One of the members appointed pursuant to each of paragraphs 18 (a)[,] and (b)[, (c) and (d)] of this subdivision shall be appointed by 19 the temporary president of the senate, and one of the members appointed 20 pursuant to each of paragraphs (a)[,] and (b)[, (c) and (d)] of this 21 subdivision shall be appointed by the speaker of the assembly. One 22 member shall be appointed by the minority leader of the senate and one 23 member shall be appointed by the minority leader of the assembly. The 24 remaining members shall be representatives of state or national organ- 25 izations promoting environmental conservation, researchers, educators 26 and members of the general public. The [remaining] other members 27 appointed pursuant to this subdivision shall be appointed by the gover- 28 nor. The replacement of any member shall be in accordance with the 29 provisions contained in this section for appointment of members. 30 2. (a) Each member of the advisory group shall serve for a term of 31 four years or until his or her successor is appointed. A member 32 appointed to fill a vacancy shall serve the remainder of the term of the 33 member he or she is appointed to succeed. The members of the advisory 34 group shall receive no compensation for their services but shall be 35 reimbursed for their expenses actually and necessarily incurred in the 36 performance of their duties hereunder. 37 (b) The advisory group shall select a chair from among the members. 38 The advisory group shall meet as frequently as necessary, but not less 39 than three times per year. Such meetings shall be held at such locations 40 as the advisory group may determine. All such meetings shall be subject 41 to the open meetings law. At least one meeting annually shall be held 42 jointly with the environmental justice interagency coordinating council 43 established pursuant to section 48-0111 of this article. [Each member of44the advisory group shall be entitled to designate in writing a represen-45tative to attend meetings in his or her place and to vote or otherwise46act on his or her behalf in his or her absence.47(c) Staff services for the advisory group shall be performed, insofar48as practicable, by personnel of the department. The advisory group may49request and shall receive from any state agency such assistance and data50as will enable it properly to carry out its activities hereunder and51effectuate the purposes set forth herein.] 52 § 48-0107. Powers and duties. 53 The advisory group shall have the power and duty to: 54 1. adopt a model environmental justice policy applicable generally to 55 state agencies that engage in activities or operations that may have a 56 significant effect on the environment, including but not limited toA. 8960 4 1 through the adoption of rules and regulations, issuance of permits, 2 acquisition or maintenance of property, or approval, funding or under- 3 taking of projects. Such policy shall be adopted not later than one year 4 after the effective date of this article. The advisory group shall 5 develop the model policy in consultation with representatives of minori- 6 ty and low-income communities, regulated parties, the environmental 7 justice interagency coordinating council and other state agencies and 8 the public and shall hold a public hearing thereon in each judicial 9 department. Notice of such hearings and notice of the adoption of the 10 model policy shall be published in the state register; 11 2. [advise state agencies of their responsibilities under section1248-0109 of this article;133. monitor compliance with the environmental justice policies of state14agencies,] make recommendations to the governor, legislature and state 15 agencies on measures to improve such policies[, and report not less than16annually on the extent to which agencies are in compliance with the17requirements of this article and other state laws and Federal laws and18regulations relating to environmental justice]; 19 [4.] 3. provide comments on any proposed rule, regulation or policy of 20 a state or federal agency related to environmental justice; 21 [5. accept, as agent of the state, any grant including federal grants22or any gift for the purposes of this article. Any monies so received may23be expended by the advisory group to effectuate any purpose of this24article, subject to the applicable provisions of the state finance law;256.] 4. conduct public hearings with respect to any matter within the 26 scope of its functions, powers and duties; and 27 [7.] 5. adopt, amend and repeal by-laws governing its organization and 28 operation [and such rules and regulations, consistent with this article,29as it deems necessary to administer this article; and308. do any and all things necessary or convenient to carry out its31functions, powers and duties under this article]. 32 § 48-0109. Agency responsibilities. 33 1. Each state agency that engages in activities or operations that 34 have a significant effect on the environment, including but not limited 35 to through the adoption of rules and regulations, issuance of permits, 36 acquisition or maintenance of property, or approval, funding or under- 37 taking of projects, shall be guided in its decision making on such 38 activities or operations by an environmental justice policy. Each such 39 agency shall adopt rules and regulations setting forth its environmental 40 justice policy not later than [six months] two years after the adoption 41 of a model environmental justice policy pursuant to section 48-0107 of 42 this article. [The agency thereafter shall comply in all respects with43the environmental justice policy set forth in its rules and regulations;44provided, however, that in the absence of such rules and regulations,45the agency shall comply in all respects with the model environmental46justice policy.] 47 2. Each state agency subject to the requirements of subdivision one of 48 this section shall: 49 (a) appoint a staff member of the agency to serve as environmental 50 justice coordinator, to provide information to the public on the poli- 51 cies, activities and operations of the agency related to environmental 52 justice and to act as liaison to the environmental justice advisory 53 group; 54 (b) notify the advisory group of the appointment of an environmental 55 justice coordinator; andA. 8960 5 1 (c) develop an environmental justice training plan which includes the 2 provision of workshops and written materials to appropriate staff 3 regarding environmental justice and implementation of the agency's envi- 4 ronmental justice policy. 5 [3. This section shall apply to any state agency notwithstanding any6exemption such agency may have from other laws, including but not limit-7ed to any exemption from article eight of this chapter.] 8 § 48-0111. Environmental justice interagency coordinating council. 9 1. There is hereby established an environmental justice interagency 10 coordinating council which shall have the power and duty to: 11 (a) coordinate the activities of agencies required to adopt an envi- 12 ronmental justice policy pursuant to section 48-0109 of this article in 13 development and implementation of such policies; and 14 (b) [make annual reports to the governor and the legislature concern-15ing the implementation and effectiveness of agency environmental justice16policies, including the adequacy of funding available and difficulties17encountered; and18(c)] serve as a clearinghouse for state agencies and the public for 19 information on environmental justice policies, environmental justice 20 coordinators in state agencies and related activities of state agencies, 21 and maintain information services, including but not limited to an 22 Internet site and a toll-free telephone number, to inform the public on 23 environmental justice. 24 2. The environmental justice coordinating council shall include the 25 commissioner; the commissioner of the department of economic develop- 26 ment; the commissioner of the department of transportation; the presi- 27 dent of the environmental facilities corporation; the president of the 28 New York State energy research and development authority; the chairman 29 of the public service commission; the chairman of the power authority of 30 the State of New York; [the executive director of the New York State31office of science, technology and academic research;] or their desig- 32 nees; and every staff member chosen by an agency to serve as environ- 33 mental justice coordinator pursuant to section 48-0109 of this article. 34 The council shall consult with the permanent environmental justice advi- 35 sory group; representatives of minority and low-income communities, 36 including community-based organizations that advise or assist minority 37 and low-income communities on environmental matters; representatives of 38 businesses that hold state-issued permits or otherwise operate subject 39 to this chapter; representatives of local governments; representatives 40 of local, state, or national organizations promoting environmental 41 conservation; researchers and educators; and any other parties the coun- 42 cil deems appropriate. 43 3. The coordinating council shall meet at least [quarterly] bi-annual- 44 ly and shall designate one of its members to serve as chairperson and 45 one of its members to serve as secretary for the development and dissem- 46 ination of minutes and reports. All such meetings shall be subject to 47 the open meetings law. At least one meeting annually shall be held 48 jointly with the permanent environmental justice advisory group estab- 49 lished pursuant to section 48-0105 of this article. Each member shall be 50 entitled to designate in writing a representative to attend meetings in 51 his or her place and to vote or otherwise act on his or her behalf in 52 his or her absence. 53 § 48-0113. Separability. 54 If any clause, sentence, paragraph, section or part of this article 55 shall be adjudged by any court of competent jurisdiction to be invalid, 56 the judgment shall not affect, impair or invalidate the remainder there-A. 8960 6 1 of, but shall be confined in its operation to the clause, sentence, 2 paragraph, section or part thereof directly involved in the controversy 3 in which the judgment shall have been rendered. 4 § 2. This act shall take effect on the same date and in the same 5 manner as a chapter of the laws of 2019, amending the environmental 6 conservation law relating to establishing a permanent environmental 7 justice advisory group and an environmental justice interagency coordi- 8 nating council, as proposed in legislative bills numbers S. 2385 and A. 9 1564, takes effect.