BILL NUMBER: S1232

SPONSOR: GIANARIS
 
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 poli-
cies. 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, gender identity or
              

expression, disability, 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 unin-
tended gender bias in ECL § 1-0101(3).

 
EXISTING LAW:

 
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 environ-
mental hazards. This study found that minority neighborhoods, even more
than poor neighborhoods, are saddled with an unfair share of incinera-
tors, 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." New York State Civil Rights Law also recognizes that people
of all gender identities and expressions, and disabilities, must be
protected from anti-discriminatory behavior. These classes have there-
fore been added to this bill as well. 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.
Environmental justice is integral to the protection of every New
Yorker's fundamental, unalienable rights. The tragic impacts of climate
change are disproportionately impacting low-income communities and
communities of color. This bill will take a critical step to ensure all
New Yorkers are protected as we reckon with the impacts of anthropogenic
climate change and require that intersectional and inclusive environ-
mental justice is at the core of our policymaking.

 
LEGISLATIVE HISTORY:

2020: Died in Environmental Conservation

2019: Died in Environmental Conservation

2018: Died in Environmental Conservation

2017: Died in Environmental Conservation

2016: Died in Environmental Conservation

2015: Died in Environmental Conservation

2014: Died in Senate Environmental Conservation

2012: Died in Senate Rules Committee Environmental

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.