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

                                  1647

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, AUBRY, CAHILL, COLTON, COOK, JAFFEE,
  LANCMAN, LIFTON, PERRY, ROSENTHAL -- Multi-Sponsored by --  M.  of  A.
  BRENNAN,  GOTTFRIED,  LUPARDO, MAGEE, McDONOUGH, McENENY, MENG, ORTIZ,
  PHEFFER, THIELE, WEISENBERG -- read once and referred to the Committee
  on Environmental Conservation

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:

  Section 1. The opening paragraph of subdivision 1 of section 1-0101 of
the  environmental  conservation law is designated paragraph a and a new
paragraph b is added to read as follows:
  B. IT IS FURTHER THE POLICY OF THE STATE OF NEW YORK THAT ALL  PEOPLE,
REGARDLESS  OF  RACE,  CULTURE,  NATIONAL ORIGIN, INCOME OR COMMUNITY OF
RESIDENCE, SHALL BE TREATED EQUALLY WITH  RESPECT  TO  THE  DEVELOPMENT,
IMPLEMENTATION  AND  ENFORCEMENT  OF ENVIRONMENTAL LAWS, REGULATIONS AND
POLICIES. IT IS A BASIC RIGHT OF ALL NEW YORKERS TO  LIVE  AND  WORK  IN
SAFE,  HEALTHFUL,  PRODUCTIVE  AND AESTHETICALLY AND CULTURALLY PLEASING
SURROUNDINGS. THIS POLICY OF  ENVIRONMENTAL  JUSTICE  IS  BASED  ON  THE
CONCEPT  OF FUNDAMENTAL FAIRNESS THAT ALL PEOPLE SHOULD BE FREE FROM ANY
DISPROPORTIONATE EXPOSURE OR RISK OF EXPOSURE TO POLLUTION, AND FROM THE
CUMULATIVE NEGATIVE IMPACTS RESULTING FROM THE  DISPARATE  CONCENTRATION
OF  POLLUTED  SITES  OR  ENVIRONMENTAL FACILITIES LICENSED, REGULATED OR
APPROVED BY STATE AGENCIES, NOR SHOULD PEOPLE  BE  DEPRIVED  OF  LOCALLY
ACCESSIBLE  OPEN  SPACE  OR  OTHER ENVIRONMENTAL BENEFITS DUE TO LACK OF
POLITICAL OR ECONOMIC STRENGTH.
  S 2. The opening paragraph of subdivision 3 of section 1-0101  of  the
environmental conservation law is amended to read as follows:
  It shall further be the policy of the state to foster, promote, create
and  maintain  conditions under which [man] PEOPLE and nature can thrive
in harmony with each other, and achieve social, economic and  technolog-
ical progress for present and future generations by:
  S 3. This act shall take effect immediately.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04809-01-1