BILL NUMBER:S620

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to declaring a
policy of equal treatment in the
development and enforcement of
environmental laws, regulations and policies

PURPOSE:
Development and enforcement of environmental laws, regulations and
policies. This bill will ensure that the environmental philosophy and
policy which guides the State of New York provides environmental
justice for all people.

SUMMARY OF PROVISIONS:
Bill § 1 amends the declaration of policy statement in § 1-0101(1) of
the Environmental Conservation Law (ECL) to ensure that all people,
regardless of race, culture, national origin, income or community of
residence, shall be treated equally with respect to development,
implementation and enforcement of environmental laws, regulations,
and policies, and should be free from any disproportionate exposure
or risk of exposure to pollution and from the cumulative negative
impacts resulting from over-concentration of polluted sites or
regulated environmental facilities, nor should people be deprived of
locally accessible open space or other environmental benefits due to
              

lack of political or economic strength.

Bill § 2 further amends the declaration of policy to remove an
unintended gender bias in ECL § 1-0101(3).

SUMMARY OF PROVISIONS:
Bill § 1 is amended to more closely align the policy statement in
§ 1-0101 with environmental justice policies adopted by other states
and other levels of government.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The ECL currently does not address environmental justice concerns.

JUSTIFICATION:
In 1987 the Commission for Racial Justice of the United Church of
Christ published a study which found that minority and low-income
communities are disproportionately affected by exposure to pollution
from environmental hazards. This study found that minority
neighborhoods, even more than poor neighborhoods, are saddled with an
unfair share of incinerators, dumps, factories and other sources of
pollution. This was a result of differential levels of political and
economic resources available to these communities.

Over the past two decades, it has become apparent that (as described
by the US Environmental Protection Agency): "Environmental Justice is
the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation, and enforcement of environmental
laws, regulations, and policies." It is also increasingly recognized
that all people should be free from disproportionate exposures or
risks of exposure to pollution, including from the disparate


concentration of contaminated sites or hazardous operations in their
neighborhoods, and that environmental benefits should be equitably
distributed. This bill would establish these worthy principles in the
ECL.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
1973 (Gianaris) - Died in Senate Rules
Committee
Environmental
2012: Assembly Bill
1645 (Kavanagh) - Died in Assembly
Environmental Conservation Committee
2010: Assembly Bill
8432A (Gianaris) - Died in Assembly
Environmental Conservation Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.