Bill Text: NY A08432 | 2009-2010 | General Assembly | Amended
Bill Title: Declares a policy of equal treatment of people of all races, cultures, religions, incomes, education levels and sexual preference in the development and enforcement of environmental laws, regulations and policies.
Spectrum: Moderate Partisan Bill (Democrat 24-3)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A08432 Detail]
Download: New_York-2009-A08432-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8432--A 2009-2010 Regular Sessions I N A S S E M B L Y May 20, 2009 ___________ Introduced by M. of A. GIANARIS, COOK, DelMONTE, CAHILL, ESPAILLAT, STIRPE, LANCMAN, COLTON, JAFFEE, KOON, REILLY, FIELDS, PERRY, AUBRY, LIFTON, ROSENTHAL -- Multi-Sponsored by -- M. of A. BARRA, BRENNAN, GOTTFRIED, HYER-SPENCER, LUPARDO, MAGEE, McDONOUGH, McENENY, MENG, SALADINO, THIELE -- read once and referred to the Committee on Envi- ronmental Conservation -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules 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: 1 Section 1. The opening paragraph of subdivision 1 of section 1-0101 of 2 the environmental conservation law is designated paragraph a and a new 3 paragraph b is added to read as follows: 4 B. IT IS FURTHER THE POLICY OF THE STATE OF NEW YORK THAT ALL PEOPLE, 5 REGARDLESS OF RACE, CULTURE, NATIONAL ORIGIN, INCOME OR COMMUNITY OF 6 RESIDENCE, SHALL BE TREATED EQUALLY WITH RESPECT TO THE DEVELOPMENT, 7 IMPLEMENTATION AND ENFORCEMENT OF ENVIRONMENTAL LAWS, REGULATIONS AND 8 POLICIES. IT IS A BASIC RIGHT OF ALL NEW YORKERS TO LIVE AND WORK IN 9 SAFE, HEALTHFUL, PRODUCTIVE AND AESTHETICALLY AND CULTURALLY PLEASING 10 SURROUNDINGS. THIS POLICY OF ENVIRONMENTAL JUSTICE IS BASED ON THE 11 CONCEPT OF FUNDAMENTAL FAIRNESS THAT ALL PEOPLE SHOULD BE FREE FROM ANY 12 DISPROPORTIONATE EXPOSURE OR RISK OF EXPOSURE TO POLLUTION, AND FROM THE 13 CUMULATIVE NEGATIVE IMPACTS RESULTING FROM THE DISPARATE CONCENTRATION 14 OF POLLUTED SITES OR ENVIRONMENTAL FACILITIES LICENSED, REGULATED OR 15 APPROVED BY STATE AGENCIES, NOR SHOULD PEOPLE BE DEPRIVED OF LOCALLY 16 ACCESSIBLE OPEN SPACE OR OTHER ENVIRONMENTAL BENEFITS DUE TO LACK OF 17 POLITICAL OR ECONOMIC STRENGTH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11368-04-9 A. 8432--A 2 1 S 2. The opening paragraph of subdivision 3 of section 1-0101 of the 2 environmental conservation law is amended to read as follows: 3 It shall further be the policy of the state to foster, promote, create 4 and maintain conditions under which [man] PEOPLE and nature can thrive 5 in harmony with each other, and achieve social, economic and technolog- 6 ical progress for present and future generations by: 7 S 3. This act shall take effect immediately.