S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1985--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. PEOPLES-STOKES, DelMONTE, CAMARA, JAFFEE, CAHILL,
  COOK  -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CHRISTENSEN,
  COLTON, JEFFRIES, LUPARDO, ROBINSON, TOWNS -- read once  and  referred
  to  the  Committee on Environmental Conservation -- recommitted to the
  Committee on Environmental Conservation in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the "New York state environmental justice act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known as the "New York state
environmental justice act".
  S 2. Legislative findings and purpose. The  legislature  hereby  finds
and declares that:
  1.  Racial  and ethnic minority populations and low-income communities
bear a disproportionate share of the health risks caused by polluted air
and contaminated water, and by solid waste  landfills,  hazardous  waste
facilities,  waste water treatment plants, waste incinerators, and other
similar projects.
  2. This disproportionate impact of environmental hazards  on  minority
and  low-income  communities  is largely the result of past governmental
decisions.
  3. The federal government underscored the importance of  environmental
justice  in executive order 12898 and created the national environmental
justice advisory council to promote environmental justice in  the  envi-
ronmental protection agency's policies, programs, initiatives and activ-
ities.
  4.  The  state  is committed to ensuring that communities are afforded
fair treatment and meaningful involvement in decision-making  regardless
of race, color, ethnicity, religion, income or education level.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02371-03-0
              

A. 1985--A                          2

  The  purpose  of  this  law is to establish governmental procedures in
order to safeguard residents' health and welfare, and  achieve  environ-
mental justice.
  S  3.  The  environmental  conservation law is amended by adding a new
article 74 to read as follows:
                                ARTICLE 74
                NEW YORK STATE ENVIRONMENTAL JUSTICE ACT
SECTION 74-1001. DEFINITIONS.
        74-1002. IMPLEMENTATION OF ENVIRONMENTAL JUSTICE POLICIES.
        74-1003. ENVIRONMENTAL JUSTICE TASK FORCE.
S 74-1001. DEFINITIONS.
  FOR PURPOSES OF THIS ARTICLE "ENVIRONMENTAL JUSTICE"  MEANS  THE  FAIR
TREATMENT  OF  PEOPLE OF ALL RACES, CULTURES AND INCOMES IN THE DEVELOP-
MENT, ADOPTION, IMPLEMENTATION AND ENFORCEMENT OF ENVIRONMENTAL LAWS AND
POLICIES.
S 74-1002. IMPLEMENTATION OF ENVIRONMENTAL JUSTICE POLICIES.
  1. ALL STATE AGENCIES, BOARDS, COMMISSIONS AND OTHER  BODIES  INVOLVED
IN  DECISIONS  THAT  MAY  AFFECT  ENVIRONMENTAL  QUALITY SHALL ADOPT AND
IMPLEMENT ENVIRONMENTAL JUSTICE POLICIES PROVIDING  MEANINGFUL  OPPORTU-
NITIES FOR INVOLVEMENT TO ALL PEOPLE, REGARDLESS OF RACE, COLOR, ETHNIC-
ITY, RELIGION, INCOME OR EDUCATION LEVEL.
  2. ALL STATE PROGRAMS AND POLICIES DESIGNED TO PROTECT THE ENVIRONMENT
SHALL BE REVIEWED PERIODICALLY TO ENSURE THAT PROGRAM IMPLEMENTATION AND
DISSEMINATION  OF  INFORMATION MEET THE NEEDS OF LOW-INCOME AND MINORITY
COMMUNITIES, AND SEEK TO ADDRESS DISPROPORTIONATE EXPOSURE  TO  ENVIRON-
MENTAL HAZARDS.
  3.  THE  DEPARTMENT WILL USE AVAILABLE ENVIRONMENTAL AND PUBLIC HEALTH
DATA TO IDENTIFY EXISTING AND PROPOSED INDUSTRIAL AND COMMERCIAL FACILI-
TIES AND AREAS IN COMMUNITIES OF COLOR AND  LOW-INCOME  COMMUNITIES  FOR
WHICH COMPLIANCE, ENFORCEMENT, REMEDIATION, SITING AND PERMITTING STRAT-
EGIES WILL BE TARGETED TO ADDRESS IMPACTS FROM THESE FACILITIES.
  4. THE DEPARTMENT SHALL CREATE AN ENVIRONMENTAL JUSTICE ADVISORY COUN-
CIL TO ADVISE THE DEPARTMENT AND THE ENVIRONMENTAL JUSTICE TASK FORCE ON
ENVIRONMENTAL JUSTICE ISSUES. THE COUNCIL SHALL CONSIST OF FIFTEEN INDI-
VIDUALS  AND  WILL  MEET  AT LEAST QUARTERLY. THE COUNCIL SHALL ANNUALLY
SELECT A CHAIRPERSON FROM ITS MEMBERSHIP AND SHALL HAVE A COMPOSITION OF
ONE-THIRD MEMBERSHIP FROM GRASSROOTS OR FAITH-BASED COMMUNITY  ORGANIZA-
TIONS,  WITH  ADDITIONAL  MEMBERSHIP TO INCLUDE REPRESENTATIVES FROM THE
FOLLOWING COMMUNITIES: ACADEMIC PUBLIC HEALTH, STATEWIDE  ENVIRONMENTAL,
CIVIL  RIGHTS  AND PUBLIC HEALTH ORGANIZATIONS, LARGE AND SMALL BUSINESS
AND INDUSTRY, MUNICIPAL AND COUNTY OFFICIALS, AND ORGANIZED LABOR.
S 74-1003. ENVIRONMENTAL JUSTICE TASK FORCE.
  1. THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF  HEALTH,
OR  THEIR  APPOINTED DESIGNEES, SHALL CONVENE A MULTI-AGENCY TASK FORCE,
TO BE NAMED THE ENVIRONMENTAL JUSTICE TASK FORCE. THIS TASK  FORCE  WILL
INCLUDE  SENIOR MANAGEMENT DESIGNEES FROM THE GOVERNOR COUNSEL'S OFFICE,
THE ATTORNEY GENERAL'S OFFICE, THE DEPARTMENTS  OF  HEALTH,  AGRICULTURE
AND  MARKETS,  TRANSPORTATION, AND EDUCATION. THE TASK FORCE SHALL BE AN
ADVISORY BODY, THE PURPOSE OF WHICH IS TO MAKE RECOMMENDATIONS TO  STATE
AGENCY  HEADS  REGARDING  ACTIONS  TO  BE TAKEN TO ADDRESS ENVIRONMENTAL
JUSTICE ISSUES CONSISTENT WITH  EACH  AGENCY'S  EXISTING  STATUTORY  AND
REGULATORY  AUTHORITY. THE TASK FORCE IS AUTHORIZED TO CONSULT WITH, AND
EXPAND ITS MEMBERSHIP TO, OTHER STATE  AGENCIES  AS  NEEDED  TO  ADDRESS
CONCERNS RAISED IN AFFECTED COMMUNITIES.
  2.  ANY COMMUNITY MAY FILE A PETITION WITH THE TASK FORCE THAT ASSERTS
THAT  RESIDENTS  AND  WORKERS IN THE COMMUNITY ARE SUBJECT TO DISPROPOR-

A. 1985--A                          3

TIONATE ADVERSE EXPOSURE TO ENVIRONMENTAL HEALTH  RISKS,  OR  DISPROPOR-
TIONATE  ADVERSE  EFFECTS  RESULTING  FROM  THE  IMPLEMENTATION  OF LAWS
AFFECTING PUBLIC HEALTH OR THE ENVIRONMENT.
  3.    THE  TASK  FORCE  SHALL  IDENTIFY  A SET OF COMMUNITIES FROM THE
PETITIONS FILED, BASED ON  SELECTION  CRITERIA  DEVELOPED  BY  THE  TASK
FORCE, INCLUDING CONSIDERATION OF STATE AGENCY RESOURCE CONSTRAINTS. THE
TASK  FORCE  SHALL MEET DIRECTLY WITH THE SELECTED COMMUNITIES TO UNDER-
STAND THEIR CONCERNS.
  4. THE TASK FORCE SHALL  DEVELOP  AN  ACTION  PLAN  FOR  EACH  OF  THE
SELECTED  COMMUNITIES  AFTER  CONSULTATION WITH THE CITIZENS, AS WELL AS
LOCAL AND COUNTY GOVERNMENT AS RELEVANT, THAT WILL ADDRESS ENVIRONMENTAL
FACTORS THAT AFFECT COMMUNITY HEALTH.  THE  ACTION  PLAN  SHALL  CLEARLY
DELINEATE  THE STEPS THAT WILL BE TAKEN IN EACH OF THE SELECTED COMMUNI-
TIES TO REDUCE EXISTING ENVIRONMENTAL BURDENS AND AVOID  OR  REDUCE  THE
IMPOSITION  OF  ADDITIONAL  ENVIRONMENTAL BURDENS THROUGH ALLOCATIONS OF
RESOURCES, EXERCISE OF REGULATORY DISCRETION,  AND  DEVELOPMENT  OF  NEW
STANDARDS  AND PROTECTIONS. THE ACTION PLAN, WHICH SHALL BE DEVELOPED IN
CONSULTATION WITH THE ENVIRONMENTAL JUSTICE ADVISORY COUNCIL, WILL SPEC-
IFY COMMUNITY DELIVERABLES, A  TIMEFRAME  FOR  IMPLEMENTATION,  AND  THE
JUSTIFICATION  AND  AVAILABILITY  OF  FINANCIAL  AND  OTHER RESOURCES TO
IMPLEMENT THE PLAN. THE TASK FORCE SHALL PRESENT THE ACTION PLAN TO  THE
RELEVANT DEPARTMENTS, RECOMMENDING ITS IMPLEMENTATION.
  5. THE TASK FORCE SHALL MONITOR THE IMPLEMENTATION OF EACH ACTION PLAN
IN  THE  SELECTED   COMMUNITIES, AND SHALL MAKE RECOMMENDATIONS TO STATE
AGENCIES AS NECESSARY TO FACILITATE IMPLEMENTATION OF THE ACTION  PLANS.
AGENCIES  SHALL IMPLEMENT THE STRATEGY TO THE FULLEST EXTENT PRACTICABLE
IN LIGHT OF STATUTORY AND RESOURCE CONSTRAINTS.
  S 4. This act shall take effect July 1, 2011; provided  however,  that
the environmental justice task force and the environmental justice advi-
sory council shall be established and operating by October 1, 2011.