BILL NUMBER:  S3102

 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 :

Section 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.

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

 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 :

2016: Died in Environmental Conservation 2015: Died in Environmental
Conservation
2014: Senate Bill 620 (Gianaris - Died in Senate Environmental
Conservation
2012: Senate Bill 1973 (Gianaris) - Died in Senate Rules Committee
Environmental
2012: Assembly Bill1645 (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.