Bill Text: NY S06958 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Establishes a permanent environmental justice advisory group and an environmental justice interagency coordinating council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-17 - signed chap.28 [S06958 Detail]

Download: New_York-2019-S06958-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6958

                               2019-2020 Regular Sessions

                    IN SENATE

                                     January 6, 2019
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04712-02-9
        S. 6958                             2

     1  of  the  negative  environmental consequences resulting from industrial,
     2  municipal  or  commercial  operations,  or  the  execution  of  federal,
     3  state[,] or local [or tribal] programs and policies.
     4    3.  It  shall  further  be  the  policy  of the state that no group of
     5  people, including a racial, ethnic or socioeconomic group, should suffer
     6  from inequitable allocation of public resources or financial  assistance
     7  for  environmental  protection  and stewardship, including environmental
     8  remediation, pollution prevention, open space acquisition  and/or  other
     9  protection and stewardship activities.
    10    4.  It shall further be the policy of the state that opportunities for
    11  citizen involvement in the development[, implementation and enforcement]
    12  of laws, regulations and policies that affect the quality of  the  envi-
    13  ronment  be  as reflective of the diversity of interests and perspective
    14  found within the affected community  as  possible,  including  those  of
    15  racial,  ethnic and socioeconomic groups; that [they] such opportunities
    16  be provided as early as possible in the decision making  process  [prior
    17  to  the  selection  of  a  preferred course of action by federal, state,
    18  local or tribal agencies]; that [they] such opportunities provide  full,
    19  timely and accessible disclosure of public records and sharing of infor-
    20  mation  by  the  government  agency  or agencies involved, including the
    21  provision of technical data and the assumptions upon which any  analyses
    22  are  based; and that [they] such opportunities allow all people, regard-
    23  less of race, color, religion, national origin or income,  the  opportu-
    24  nity  to  have their views heard and considered, including opportunities
    25  for two-way dialogue.
    26  § 48-0103. Definitions.
    27    As used in this article:
    28    1. "Advisory group" means the permanent environmental justice advisory
    29  group established by section 48-0105 of this article.
    30    2. "Agency" means any state department, agency, board, bureau, commis-
    31  sion, division, office, council[, committee or officer of the state], or
    32  any public authority or public benefit  corporation  [at  least  one  of
    33  whose members is appointed by the governor].
    34    3.  "Environmental  justice"  means  the fair treatment and meaningful
    35  involvement of all people regardless of race, color, religion,  national
    36  origin  or  income  with  respect to the development, implementation and
    37  enforcement of laws, regulations and policies affecting the  quality  of
    38  the environment.
    39    4. "Fair treatment" means that no group of people, including a racial,
    40  ethnic  or  socioeconomic group, should be disproportionately exposed to
    41  pollution or bear a disproportionate share of the negative environmental
    42  consequences resulting from [industrial, municipal and commercial  oper-
    43  ations  or  the]  execution  of federal, state[,] and local [and tribal]
    44  programs and policies, and further means that no such  group  of  people
    45  should  suffer from inequitable allocation of public resources or finan-
    46  cial assistance for environmental protection and stewardship,  including
    47  environmental  remediation, pollution prevention, open space acquisition
    48  and other protection and stewardship activities.
    49    5. "Meaningful involvement" means the provision of  opportunities  for
    50  citizen  participation  in decision making that are as reflective of the
    51  diversity of interests and perspective found within the affected  commu-
    52  nity  as  possible,  including those of racial, ethnic and socioeconomic
    53  groups; that are provided as early as possible in  the  decision  making
    54  process  [prior  to  the  selection of a preferred course of action by a
    55  decision making agency or  agencies];  that  provide  full,  timely  and
    56  accessible  disclosure  of  public records and sharing of information by
        S. 6958                             3

     1  the government agency or agencies involved, including the  provision  of
     2  technical  data  and  the assumptions upon which any analyses are based;
     3  and that allow all people, regardless of race, color, religion, national
     4  origin  or income, the opportunity to have their views heard and consid-
     5  ered, including opportunities for two-way dialogue.
     6  § 48-0105. Permanent environmental justice advisory group.
     7    1. The permanent environmental justice advisory group is hereby estab-
     8  lished in the department to consist of [seventeen] sixteen  members,  as
     9  follows:
    10    (a) Five members shall be representatives of community-based organiza-
    11  tions that advise or assist minority and low-income communities on envi-
    12  ronmental matters[.]; and
    13    (b)  Four  members  shall  be  representatives of businesses that hold
    14  state-issued permits or otherwise operate subject to this chapter.
    15    [(c) Two members shall be representatives of  environmental  conserva-
    16  tion offices of local government.
    17    (d)  The  remaining  members  shall  be  representatives  of  state or
    18  national organizations promoting environmental  conservation,  research-
    19  ers, educators and members of the general public.
    20    (e)]  (c)  One of the members appointed pursuant to each of paragraphs
    21  (a)[,] and (b)[, (c) and (d)] of this subdivision shall be appointed  by
    22  the  temporary president of the senate, and one of the members appointed
    23  pursuant to each of paragraphs (a)[,] and (b)[, (c)  and  (d)]  of  this
    24  subdivision  shall  be  appointed  by  the speaker of the assembly.  One
    25  member shall be appointed by the minority leader of the senate  and  one
    26  member  shall  be  appointed by the minority leader of the assembly. The
    27  remaining members shall be representatives of state or  national  organ-
    28  izations  promoting  environmental  conservation, researchers, educators
    29  and members  of  the  general  public.  The  [remaining]  other  members
    30  appointed  pursuant to this subdivision shall be appointed by the gover-
    31  nor. The replacement of any member  shall  be  in  accordance  with  the
    32  provisions contained in this section for appointment of members.
    33    2.  (a)  Each  member  of the advisory group shall serve for a term of
    34  four years or  until  his  or  her  successor  is  appointed.  A  member
    35  appointed to fill a vacancy shall serve the remainder of the term of the
    36  member  he  or  she is appointed to succeed. The members of the advisory
    37  group shall receive no compensation for  their  services  but  shall  be
    38  reimbursed  for  their expenses actually and necessarily incurred in the
    39  performance of their duties hereunder.
    40    (b) The advisory group shall select a chair from  among  the  members.
    41  The  advisory  group shall meet as frequently as necessary, but not less
    42  than three times per year. Such meetings shall be held at such locations
    43  as the advisory group may determine. All such meetings shall be  subject
    44  to  the  open  meetings law. At least one meeting annually shall be held
    45  jointly with the environmental justice interagency coordinating  council
    46  established pursuant to section 48-0111 of this article. [Each member of
    47  the advisory group shall be entitled to designate in writing a represen-
    48  tative  to  attend meetings in his or her place and to vote or otherwise
    49  act on his or her behalf in his or her absence.
    50    (c) Staff services for the advisory group shall be performed,  insofar
    51  as  practicable,  by personnel of the department. The advisory group may
    52  request and shall receive from any state agency such assistance and data
    53  as will enable it properly to carry out  its  activities  hereunder  and
    54  effectuate the purposes set forth herein.]
    55  § 48-0107. Powers and duties.
    56    The advisory group shall have the power and duty to:
        S. 6958                             4

     1    1.  adopt a model environmental justice policy applicable generally to
     2  state agencies that engage in activities or operations that may  have  a
     3  significant  effect  on  the  environment,  including but not limited to
     4  through the adoption of rules  and  regulations,  issuance  of  permits,
     5  acquisition  or  maintenance of property, or approval, funding or under-
     6  taking of projects. Such policy shall be adopted not later than one year
     7  after the effective date of  this  article.  The  advisory  group  shall
     8  develop the model policy in consultation with representatives of minori-
     9  ty  and  low-income  communities,  regulated  parties, the environmental
    10  justice interagency coordinating council and other  state  agencies  and
    11  the  public  and  shall  hold  a public hearing thereon in each judicial
    12  department. Notice of such hearings and notice of the  adoption  of  the
    13  model policy shall be published in the state register;
    14    2.  [advise  state  agencies  of  their responsibilities under section
    15  48-0109 of this article;
    16    3. monitor compliance with the environmental justice policies of state
    17  agencies,] make recommendations to the governor, legislature  and  state
    18  agencies on measures to improve such policies[, and report not less than
    19  annually  on  the  extent  to  which agencies are in compliance with the
    20  requirements of this article and other state laws and Federal  laws  and
    21  regulations relating to environmental justice];
    22    [4.] 3. provide comments on any proposed rule, regulation or policy of
    23  a state or federal agency related to environmental justice;
    24    [5.  accept, as agent of the state, any grant including federal grants
    25  or any gift for the purposes of this article. Any monies so received may
    26  be expended by the advisory group to  effectuate  any  purpose  of  this
    27  article, subject to the applicable provisions of the state finance law;
    28    6.]  4.  conduct public hearings with respect to any matter within the
    29  scope of its functions, powers and duties; and
    30    [7.] 5. adopt, amend and repeal by-laws governing its organization and
    31  operation [and such rules and regulations, consistent with this article,
    32  as it deems necessary to administer this article; and
    33    8. do any and all things necessary or  convenient  to  carry  out  its
    34  functions, powers and duties under this article].
    35  § 48-0109. Agency responsibilities.
    36    1.  Each  state  agency  that engages in activities or operations that
    37  have a significant effect on the environment, including but not  limited
    38  to  through  the adoption of rules and regulations, issuance of permits,
    39  acquisition or maintenance of property, or approval, funding  or  under-
    40  taking  of  projects,  shall  be  guided  in its decision making on such
    41  activities or operations by an environmental justice policy.  Each  such
    42  agency shall adopt rules and regulations setting forth its environmental
    43  justice  policy not later than [six months] two years after the adoption
    44  of a model environmental justice policy pursuant to section  48-0107  of
    45  this  article.  [The agency thereafter shall comply in all respects with
    46  the environmental justice policy set forth in its rules and regulations;
    47  provided, however, that in the absence of such  rules  and  regulations,
    48  the  agency  shall  comply  in all respects with the model environmental
    49  justice policy.]
    50    2. Each state agency subject to the requirements of subdivision one of
    51  this section shall:
    52    (a) appoint a staff member of the agency  to  serve  as  environmental
    53  justice  coordinator,  to provide information to the public on the poli-
    54  cies, activities and operations of the agency related  to  environmental
    55  justice  and  to  act  as  liaison to the environmental justice advisory
    56  group;
        S. 6958                             5

     1    (b) notify the advisory group of the appointment of  an  environmental
     2  justice coordinator; and
     3    (c)  develop an environmental justice training plan which includes the
     4  provision of  workshops  and  written  materials  to  appropriate  staff
     5  regarding environmental justice and implementation of the agency's envi-
     6  ronmental justice policy.
     7    [3.  This  section shall apply to any state agency notwithstanding any
     8  exemption such agency may have from other laws, including but not limit-
     9  ed to any exemption from article eight of this chapter.]
    10  § 48-0111. Environmental justice interagency coordinating council.
    11    1. There is hereby established an  environmental  justice  interagency
    12  coordinating council which shall have the power and duty to:
    13    (a)  coordinate  the activities of agencies required to adopt an envi-
    14  ronmental justice policy pursuant to section 48-0109 of this article  in
    15  development and implementation of such policies; and
    16    (b)  [make annual reports to the governor and the legislature concern-
    17  ing the implementation and effectiveness of agency environmental justice
    18  policies, including the adequacy of funding available  and  difficulties
    19  encountered; and
    20    (c)]  serve  as  a clearinghouse for state agencies and the public for
    21  information on environmental  justice  policies,  environmental  justice
    22  coordinators in state agencies and related activities of state agencies,
    23  and  maintain  information  services,  including  but  not limited to an
    24  Internet site and a toll-free telephone number, to inform the public  on
    25  environmental justice.
    26    2.  The  environmental  justice coordinating council shall include the
    27  commissioner; the commissioner of the department  of  economic  develop-
    28  ment;  the  commissioner of the department of transportation; the presi-
    29  dent of the environmental facilities corporation; the president  of  the
    30  New  York  State energy research and development authority; the chairman
    31  of the public service commission; the chairman of the power authority of
    32  the State of New York; [the executive director of  the  New  York  State
    33  office  of  science,  technology and academic research;] or their desig-
    34  nees; and every staff member chosen by an agency to  serve  as  environ-
    35  mental  justice coordinator pursuant to section 48-0109 of this article.
    36  The council shall consult with the permanent environmental justice advi-
    37  sory group; representatives  of  minority  and  low-income  communities,
    38  including  community-based  organizations that advise or assist minority
    39  and low-income communities on environmental matters; representatives  of
    40  businesses  that  hold state-issued permits or otherwise operate subject
    41  to this chapter; representatives of local  governments;  representatives
    42  of  local,  state,  or  national  organizations  promoting environmental
    43  conservation; researchers and educators; and any other parties the coun-
    44  cil deems appropriate.
    45    3. The coordinating council shall meet at least [quarterly] bi-annual-
    46  ly and shall designate one of its members to serve  as  chairperson  and
    47  one of its members to serve as secretary for the development and dissem-
    48  ination  of  minutes  and reports. All such meetings shall be subject to
    49  the open meetings law. At least  one  meeting  annually  shall  be  held
    50  jointly  with  the permanent environmental justice advisory group estab-
    51  lished pursuant to section 48-0105 of this article. Each member shall be
    52  entitled to designate in writing a representative to attend meetings  in
    53  his  or  her  place and to vote or otherwise act on his or her behalf in
    54  his or her absence.
    55  § 48-0113. Separability.
        S. 6958                             6

     1    If any clause, sentence, paragraph, section or part  of  this  article
     2  shall  be adjudged by any court of competent jurisdiction to be invalid,
     3  the judgment shall not affect, impair or invalidate the remainder there-
     4  of, but shall be confined in its  operation  to  the  clause,  sentence,
     5  paragraph,  section or part thereof directly involved in the controversy
     6  in which the judgment shall have been rendered.
     7    § 2. This act shall take effect on the  same  date  and  in  the  same
     8  manner  as  a  chapter  of  the laws of 2019, amending the environmental
     9  conservation law relating  to  establishing  a  permanent  environmental
    10  justice  advisory group and an environmental justice interagency coordi-
    11  nating council, as proposed in legislative bills numbers S. 2385 and  A.
    12  1564, takes effect.