Bill S1629A-2013

Creates a permanent environmental justice advisory group

Creates a permanent environmental justice advisory group; provides that the function of the group is to ensure that no group of people, including a racial, ethnic, or socioeconomic group, bears a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies; empowers that advisory group to adopt a model environmental justice policy applicable to state agencies, and to monitor agencies on compliance with such policies; specifies responsibilities of state agencies; establishes an environmental justice interagency coordinating council.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Oct 7, 2013: PRINT NUMBER 1629A
  • Oct 7, 2013: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S1629A              REVISED 10/4/13

TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing a permanent environmental justice advisory group and an environmental justice interagency coordinating council

PURPOSE OR GENERAL IDEA OF BILL: This bill would establish a Permanent Environmental justice Advisory Group within the Department of Environmental Conservation (DEC) and an Environmental Justice Interagency Coordinating Council, and would require state agencies to adopt and abide by effective environmental justice policies.

SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new Article 48 to the Environmental Conservation law entitled "Environmental Justice":

§ 48-0101 sets forth a declaration of policy regarding environmental justice, affirming that all New Yorkers, regardless of race, color, religion, national origin of income, have a right to fair treatment and meaningful involvement in the development, implementation and enforce-bent of laws, regulations and policies that affect the quality of the environment.

§ 48-0103 provides definitions for "advisory group" (the permanent environmental justice advisory group created in §48-0105), "agency" (any department, board, bureau, commission, division, office, council, committee or officer of the state, or any public authority.or public benefit corporation at least one of whose. members is appointed by the governor), and "environmental justice" (the fair treatment and meaningful involvement of all people regardless of race, color; religion, national origin or income with respect to the establishment of environmental policies). 'Definitions are also provided for two phrases used in the latter ("fair treatment" and "meaningful involvement"),

§ 48-0105 establishes a permanent environmental justice advisory group within the DEC. The advisory group shall be comprised of five members representing community-based organizations that assist minority and low-income communities on environmental matters, four representatives of business, two local government environmental officials and four members drawn from national or state environmental organizations, researchers, educators and the general public. Provisions for appointment, terms and organization of the advisory group are set forth. The advisory group shall meet at least three times a year in compliance with the Open Meetings Law.

§ 48-0107 sets forth the following powers and duties of the advisory group:

* adopt a model environmental justice policy applicable generally to state agencies that engage in activities that may have a significant effect on the environment. The model policy shall be developed within one year and after public hearings in each judicial department;

* advise agencies of their responsibilities under §48-0109, monitor agency compliance with environmental justice policies, make recommendations to improve such policies, and report at least annually on agency compliance; and

* comment on rules, regulations and policies relating to environmental justice, accept grants or gifts and use them to effectuate Article 48, conduct public hearings, adopt bylaws, rules and regulations and do any and all things necessary and convenient to the exercise of its functions, powers and duties,.

§ 48-0109 specifies the responsibilities of state agencies that engage in activities that may have a significant effect on the environment. Each agency is required to adopt regulations setting forth its environmental justice policy within six months after the adoption of the model policy by the advisory group and comply in all respects with its adopted policy. In the absence of such regulations, the agency must comply with-the model policy. Agencies are required to designate a staff member as environmental justice coordinator and to provide training in environmental justice through workshops and written materials. This section applies to an agency notwithstanding any exemption it may have from the State Environmental Quality Review Act (SEQRA) or other laws.

§ 48-0111 establishes an Environmental Justice Interagency Coordinating Council, comprised of the heads of DEC, the Department of Transportation, the Power Authority and other agencies that engage in activities that impact the environment, or their designees, along with the agency staff designated as environmental justice coordinators. The council has the power and duty to coordinate the environmental justice activities of the State, report annually of the effectiveness of agency 'environmental justice policies, and serve as a clearinghouse on environmental justice and maintain information services including a website and a toll-free hotline,.

JUSTIFICATION: Environmental justice is a concept of extreme importance to New Yorkers who reside or work in or near communities with large minority populations or with large numbers of low income residents. All too often these communities have suffered from disproportionate levels of pollution and have not received a fair share of environmental benefits.

In 1999, DEC received a grant from the U.S. Environmental Protection Agency to develop a comprehensive environmental justice program and policies, and shortly thereafter convened an environmental justice advisory group. In January of 2002, the advisory group issued its report -"Recommendations for the New York State Department of Environmental Conservation Environmental Justice Program." In march, 2003, DEC adopted a policy on "Environmental Justice and Permitting' but took no action on several of the advisory group's other recommendations. This bill would implement the recommendation of the advisory group to continue a permanent advisory group structure, ensure that actions of agencies to address environmental justice. These statutory provisions will ensure that New York State continues to move forward and improve its overall policies on environmental justice and will help the members of minority and low-income communities in their efforts to make their neighborhoods more livable.

PRIOR LEGISLATIVE HISTORY: A.8805-A (2004) -passed Assembly, referred to Senate Rules A.4190 (2005-06) - passed Assembly, referred to Senate Environmental Conservation

A.2003 (2007-8) -passed Assembly, referred to Senate Rules A.8490 (2009) - passed Assembly, referred to Senate Environmental Conservation A.947 (2011) passed Assembly, referred to Senate Environmental Conservation

FISCAL IMPLICATIONS FOR STATE AND LOCAL.GOVERNMENTS: None.

EFFECTIVE DATE: First of January next succeeding the date on which it becomes a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1629--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- 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 a permanent environmental justice advisory group and an environmental justice interagency coordinating council THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new article 48 to read as follows: ARTICLE 48 ENVIRONMENTAL JUSTICE SECTION 48-0101. DECLARATION OF POLICY. 48-0103. DEFINITIONS. 48-0105. PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP. 48-0107. POWERS AND DUTIES. 48-0109. AGENCY RESPONSIBILITIES. 48-0111. ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL. 48-0113. SEPARABILITY. S 48-0101. DECLARATION OF POLICY. 1. IT IS HEREBY DECLARED TO BE THE POLICY OF THIS STATE THAT ALL PEOPLE, REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR INCOME, HAVE A RIGHT TO FAIR TREATMENT AND MEANINGFUL INVOLVEMENT IN THE DEVEL- OPMENT, IMPLEMENTATION AND ENFORCEMENT OF LAWS, REGULATIONS AND POLICIES THAT AFFECT THE QUALITY OF THE ENVIRONMENT. 2. IT SHALL FURTHER BE THE POLICY OF THE STATE THAT NO GROUP OF PEOPLE, INCLUDING A RACIAL, ETHNIC OR SOCIOECONOMIC GROUP, SHOULD BE DISPROPORTIONATELY EXPOSED TO POLLUTION OR BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVIRONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL,
MUNICIPAL OR COMMERCIAL OPERATIONS, OR THE EXECUTION OF FEDERAL, STATE, LOCAL OR TRIBAL PROGRAMS AND POLICIES. 3. IT SHALL FURTHER BE THE POLICY OF THE STATE THAT NO GROUP OF PEOPLE, INCLUDING A RACIAL, ETHNIC OR SOCIOECONOMIC GROUP, SHOULD SUFFER FROM INEQUITABLE ALLOCATION OF PUBLIC RESOURCES OR FINANCIAL ASSISTANCE FOR ENVIRONMENTAL PROTECTION AND STEWARDSHIP, INCLUDING ENVIRONMENTAL REMEDIATION, POLLUTION PREVENTION, OPEN SPACE ACQUISITION AND/OR OTHER PROTECTION AND STEWARDSHIP ACTIVITIES. 4. IT SHALL FURTHER BE THE POLICY OF THE STATE THAT OPPORTUNITIES FOR CITIZEN INVOLVEMENT IN THE DEVELOPMENT, IMPLEMENTATION AND ENFORCEMENT OF LAWS, REGULATIONS AND POLICIES THAT AFFECT THE QUALITY OF THE ENVI- RONMENT BE AS REFLECTIVE OF THE DIVERSITY OF INTERESTS AND PERSPECTIVE FOUND WITHIN THE AFFECTED COMMUNITY AS POSSIBLE, INCLUDING THOSE OF RACIAL, ETHNIC AND SOCIOECONOMIC GROUPS; THAT THEY BE PROVIDED AS EARLY AS POSSIBLE IN THE DECISION MAKING PROCESS PRIOR TO THE SELECTION OF A PREFERRED COURSE OF ACTION BY FEDERAL, STATE, LOCAL OR TRIBAL AGENCIES; THAT THEY PROVIDE FULL, TIMELY AND ACCESSIBLE DISCLOSURE AND SHARING OF INFORMATION BY THE GOVERNMENT AGENCY OR AGENCIES INVOLVED, INCLUDING THE PROVISION OF TECHNICAL DATA AND THE ASSUMPTIONS UPON WHICH ANY ANALYSES ARE BASED; AND THAT THEY ALLOW ALL PEOPLE, REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR INCOME, THE OPPORTUNITY TO HAVE THEIR VIEWS HEARD AND CONSIDERED, INCLUDING OPPORTUNITIES FOR TWO-WAY DIALOGUE. S 48-0103. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "ADVISORY GROUP" MEANS THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP ESTABLISHED BY SECTION 48-0105 OF THIS ARTICLE. 2. "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE, OR ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR. 3. "ENVIRONMENTAL JUSTICE" MEANS THE FAIR TREATMENT AND MEANINGFUL INVOLVEMENT OF ALL PEOPLE REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR INCOME WITH RESPECT TO THE DEVELOPMENT, IMPLEMENTATION AND ENFORCEMENT OF LAWS, REGULATIONS AND POLICIES AFFECTING THE QUALITY OF THE ENVIRONMENT. 4. "FAIR TREATMENT" MEANS THAT NO GROUP OF PEOPLE, INCLUDING A RACIAL, ETHNIC OR SOCIOECONOMIC GROUP, SHOULD BE DISPROPORTIONATELY EXPOSED TO POLLUTION OR BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVIRONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL AND COMMERCIAL OPER- ATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL AND TRIBAL PROGRAMS AND POLICIES, AND FURTHER MEANS THAT NO SUCH GROUP OF PEOPLE SHOULD SUFFER FROM INEQUITABLE ALLOCATION OF PUBLIC RESOURCES OR FINANCIAL ASSISTANCE FOR ENVIRONMENTAL PROTECTION AND STEWARDSHIP, INCLUDING ENVIRONMENTAL REMEDIATION, POLLUTION PREVENTION, OPEN SPACE ACQUISITION AND OTHER PROTECTION AND STEWARDSHIP ACTIVITIES. 5. "MEANINGFUL INVOLVEMENT" MEANS THE PROVISION OF OPPORTUNITIES FOR CITIZEN PARTICIPATION IN DECISION MAKING THAT ARE AS REFLECTIVE OF THE DIVERSITY OF INTERESTS AND PERSPECTIVE FOUND WITHIN THE AFFECTED COMMU- NITY AS POSSIBLE, INCLUDING THOSE OF RACIAL, ETHNIC AND SOCIOECONOMIC GROUPS; THAT ARE PROVIDED AS EARLY AS POSSIBLE IN THE DECISION MAKING PROCESS PRIOR TO THE SELECTION OF A PREFERRED COURSE OF ACTION BY A DECISION MAKING AGENCY OR AGENCIES; THAT PROVIDE FULL, TIMELY AND ACCES- SIBLE DISCLOSURE AND SHARING OF INFORMATION BY THE GOVERNMENT AGENCY OR AGENCIES INVOLVED, INCLUDING THE PROVISION OF TECHNICAL DATA AND THE ASSUMPTIONS UPON WHICH ANY ANALYSES ARE BASED; AND THAT ALLOW ALL PEOPLE, REGARDLESS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR INCOME,
THE OPPORTUNITY TO HAVE THEIR VIEWS HEARD AND CONSIDERED, INCLUDING OPPORTUNITIES FOR TWO-WAY DIALOGUE. S 48-0105. PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP. 1. THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP IS HEREBY ESTAB- LISHED IN THE DEPARTMENT TO CONSIST OF SEVENTEEN MEMBERS, AS FOLLOWS: (A) FIVE MEMBERS SHALL BE REPRESENTATIVES OF COMMUNITY-BASED ORGANIZA- TIONS THAT ADVISE OR ASSIST MINORITY AND LOW-INCOME COMMUNITIES ON ENVI- RONMENTAL MATTERS. (B) FOUR MEMBERS SHALL BE REPRESENTATIVES OF BUSINESSES THAT HOLD PERMITS OR OTHERWISE OPERATE SUBJECT TO THIS CHAPTER. (C) TWO MEMBERS SHALL BE REPRESENTATIVES OF ENVIRONMENTAL CONSERVATION OFFICES OF LOCAL GOVERNMENT. (D) THE REMAINING MEMBERS SHALL BE REPRESENTATIVES OF STATE OR NATIONAL ORGANIZATIONS PROMOTING ENVIRONMENTAL CONSERVATION, RESEARCH- ERS, EDUCATORS AND MEMBERS OF THE GENERAL PUBLIC. (E) ONE OF THE MEMBERS APPOINTED PURSUANT TO EACH OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE OF THE MEMBERS APPOINTED PURSUANT TO EACH OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. THE REMAINING MEMBERS APPOINTED PURSUANT TO THIS SUBDIVISION SHALL BE APPOINTED BY THE GOVERNOR. THE REPLACEMENT OF ANY MEMBER SHALL BE IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS SECTION FOR APPOINTMENT OF MEMBERS. 2. (A) EACH MEMBER OF THE ADVISORY GROUP SHALL SERVE FOR A TERM OF FOUR YEARS OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED. A MEMBER APPOINTED TO FILL A VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE MEMBER HE OR SHE IS APPOINTED TO SUCCEED. THE MEMBERS OF THE ADVISORY GROUP SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER. (B) THE ADVISORY GROUP SHALL SELECT A CHAIR FROM AMONG THE MEMBERS. THE ADVISORY GROUP SHALL MEET AS FREQUENTLY AS NECESSARY, BUT NOT LESS THAN THREE TIMES PER YEAR. SUCH MEETINGS SHALL BE HELD AT SUCH LOCATIONS AS THE ADVISORY GROUP MAY DETERMINE. ALL SUCH MEETINGS SHALL BE SUBJECT TO THE OPEN MEETINGS LAW. AT LEAST ONE MEETING ANNUALLY SHALL BE HELD JOINTLY WITH THE ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL ESTABLISHED PURSUANT TO SECTION 48-0111 OF THIS ARTICLE. EACH MEMBER OF THE ADVISORY GROUP SHALL BE ENTITLED TO DESIGNATE IN WRITING A REPRESEN- TATIVE TO ATTEND MEETINGS IN HIS OR HER PLACE AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE. (C) STAFF SERVICES FOR THE ADVISORY GROUP SHALL BE PERFORMED, INSOFAR AS PRACTICABLE, BY PERSONNEL OF THE DEPARTMENT. THE ADVISORY GROUP MAY REQUEST AND SHALL RECEIVE FROM ANY STATE AGENCY SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPERLY TO CARRY OUT ITS ACTIVITIES HEREUNDER AND EFFECTUATE THE PURPOSES SET FORTH HEREIN. S 48-0107. POWERS AND DUTIES. THE ADVISORY GROUP SHALL HAVE THE POWER AND DUTY TO: 1. ADOPT A MODEL ENVIRONMENTAL JUSTICE POLICY APPLICABLE GENERALLY TO STATE AGENCIES THAT ENGAGE IN ACTIVITIES OR OPERATIONS THAT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, INCLUDING BUT NOT LIMITED TO THROUGH THE ADOPTION OF RULES AND REGULATIONS, ISSUANCE OF PERMITS, ACQUISITION OR MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER- TAKING OF PROJECTS. SUCH POLICY SHALL BE ADOPTED NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE. THE ADVISORY GROUP SHALL
DEVELOP THE MODEL POLICY IN CONSULTATION WITH REPRESENTATIVES OF MINORI- TY AND LOW-INCOME COMMUNITIES, REGULATED PARTIES, THE ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL AND OTHER STATE AGENCIES AND THE PUBLIC AND SHALL HOLD A PUBLIC HEARING THEREON IN EACH JUDICIAL DEPARTMENT. NOTICE OF SUCH HEARINGS AND NOTICE OF THE ADOPTION OF THE MODEL POLICY SHALL BE PUBLISHED IN THE STATE REGISTER; 2. ADVISE STATE AGENCIES OF THEIR RESPONSIBILITIES UNDER SECTION 48-0109 OF THIS ARTICLE; 3. MONITOR COMPLIANCE WITH THE ENVIRONMENTAL JUSTICE POLICIES OF STATE AGENCIES, MAKE RECOMMENDATIONS TO THE GOVERNOR, LEGISLATURE AND STATE AGENCIES ON MEASURES TO IMPROVE SUCH POLICIES, AND REPORT NOT LESS THAN ANNUALLY ON THE EXTENT TO WHICH AGENCIES ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND OTHER STATE LAWS AND FEDERAL LAWS AND REGULATIONS RELATING TO ENVIRONMENTAL JUSTICE; 4. PROVIDE COMMENTS ON ANY PROPOSED RULE, REGULATION OR POLICY OF A STATE OR FEDERAL AGENCY RELATED TO ENVIRONMENTAL JUSTICE; 5. ACCEPT, AS AGENT OF THE STATE, ANY GRANT INCLUDING FEDERAL GRANTS OR ANY GIFT FOR THE PURPOSES OF THIS ARTICLE. ANY MONIES SO RECEIVED MAY BE EXPENDED BY THE ADVISORY GROUP TO EFFECTUATE ANY PURPOSE OF THIS ARTICLE, SUBJECT TO THE APPLICABLE PROVISIONS OF THE STATE FINANCE LAW; 6. CONDUCT PUBLIC HEARINGS WITH RESPECT TO ANY MATTER WITHIN THE SCOPE OF ITS FUNCTIONS, POWERS AND DUTIES; 7. ADOPT, AMEND AND REPEAL BY-LAWS GOVERNING ITS ORGANIZATION AND OPERATION AND SUCH RULES AND REGULATIONS, CONSISTENT WITH THIS ARTICLE, AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE; AND 8. DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES UNDER THIS ARTICLE. S 48-0109. AGENCY RESPONSIBILITIES. 1. EACH STATE AGENCY THAT ENGAGES IN ACTIVITIES OR OPERATIONS THAT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, INCLUDING BUT NOT LIMITED TO THROUGH THE ADOPTION OF RULES AND REGULATIONS, ISSUANCE OF PERMITS, ACQUISITION OR MAINTENANCE OF PROPERTY, OR APPROVAL, FUNDING OR UNDER- TAKING OF PROJECTS, SHALL BE GUIDED IN ITS DECISION MAKING ON SUCH ACTIVITIES OR OPERATIONS BY AN ENVIRONMENTAL JUSTICE POLICY. EACH SUCH AGENCY SHALL ADOPT RULES AND REGULATIONS SETTING FORTH ITS ENVIRONMENTAL JUSTICE POLICY NOT LATER THAN SIX MONTHS AFTER THE ADOPTION OF A MODEL ENVIRONMENTAL JUSTICE POLICY PURSUANT TO SECTION 48-0107 OF THIS ARTI- CLE. THE AGENCY THEREAFTER SHALL COMPLY IN ALL RESPECTS WITH THE ENVI- RONMENTAL JUSTICE POLICY SET FORTH IN ITS RULES AND REGULATIONS; PROVIDED, HOWEVER, THAT IN THE ABSENCE OF SUCH RULES AND REGULATIONS, THE AGENCY SHALL COMPLY IN ALL RESPECTS WITH THE MODEL ENVIRONMENTAL JUSTICE POLICY. 2. EACH STATE AGENCY SUBJECT TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION SHALL: (A) APPOINT A STAFF MEMBER OF THE AGENCY TO SERVE AS ENVIRONMENTAL JUSTICE COORDINATOR, TO PROVIDE INFORMATION TO THE PUBLIC ON THE POLI- CIES, ACTIVITIES AND OPERATIONS OF THE AGENCY RELATED TO ENVIRONMENTAL JUSTICE AND TO ACT AS LIAISON TO THE ENVIRONMENTAL JUSTICE ADVISORY GROUP; (B) NOTIFY THE ADVISORY GROUP OF THE APPOINTMENT OF AN ENVIRONMENTAL JUSTICE COORDINATOR; AND (C) DEVELOP AN ENVIRONMENTAL JUSTICE TRAINING PLAN WHICH INCLUDES THE PROVISION OF WORKSHOPS AND WRITTEN MATERIALS TO APPROPRIATE STAFF REGARDING ENVIRONMENTAL JUSTICE AND IMPLEMENTATION OF THE AGENCY'S ENVI- RONMENTAL JUSTICE POLICY.
3. THIS SECTION SHALL APPLY TO ANY STATE AGENCY NOTWITHSTANDING ANY EXEMPTION SUCH AGENCY MAY HAVE FROM OTHER LAWS, INCLUDING BUT NOT LIMIT- ED TO ANY EXEMPTION FROM ARTICLE EIGHT OF THIS CHAPTER. S 48-0111. ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL. 1. THERE IS HEREBY ESTABLISHED AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL WHICH SHALL HAVE THE POWER AND DUTY TO: (A) COORDINATE THE ACTIVITIES OF AGENCIES REQUIRED TO ADOPT AN ENVI- RONMENTAL JUSTICE POLICY PURSUANT TO SECTION 48-0109 OF THIS ARTICLE IN DEVELOPMENT AND IMPLEMENTATION OF SUCH POLICIES; (B) MAKE ANNUAL REPORTS TO THE GOVERNOR AND THE LEGISLATURE CONCERNING THE IMPLEMENTATION AND EFFECTIVENESS OF AGENCY ENVIRONMENTAL JUSTICE POLICIES, INCLUDING THE ADEQUACY OF FUNDING AVAILABLE AND DIFFICULTIES ENCOUNTERED; AND (C) SERVE AS A CLEARINGHOUSE FOR STATE AGENCIES AND THE PUBLIC FOR INFORMATION ON ENVIRONMENTAL JUSTICE POLICIES, ENVIRONMENTAL JUSTICE COORDINATORS IN STATE AGENCIES AND RELATED ACTIVITIES OF STATE AGENCIES, AND MAINTAIN INFORMATION SERVICES, INCLUDING BUT NOT LIMITED TO AN INTERNET SITE AND A TOLL-FREE TELEPHONE NUMBER, TO INFORM THE PUBLIC ON ENVIRONMENTAL JUSTICE. 2. THE ENVIRONMENTAL JUSTICE COORDINATING COUNCIL SHALL INCLUDE THE COMMISSIONER; THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP- MENT; THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION; THE PRESI- DENT OF THE ENVIRONMENTAL FACILITIES CORPORATION; THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION; THE CHAIRMAN OF THE POWER AUTHORITY OF THE STATE OF NEW YORK; THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH; OR THEIR DESIGNEES; AND EVERY STAFF MEMBER CHOSEN BY AN AGENCY TO SERVE AS ENVIRONMENTAL JUSTICE COORDINATOR PURSUANT TO SECTION 48-0109 OF THIS ARTICLE. THE COUNCIL SHALL CONSULT WITH THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP; REPRESENTATIVES OF MINORITY AND LOW-INCOME COMMUNITIES, INCLUDING COMMUNITY-BASED ORGANIZATIONS THAT ADVISE OR ASSIST MINORITY AND LOW-IN- COME COMMUNITIES ON ENVIRONMENTAL MATTERS; REPRESENTATIVES OF BUSINESSES THAT HOLD PERMITS OR OTHERWISE OPERATE SUBJECT TO THIS CHAPTER; REPRE- SENTATIVES OF LOCAL GOVERNMENTS; REPRESENTATIVES OF LOCAL, STATE, OR NATIONAL ORGANIZATIONS PROMOTING ENVIRONMENTAL CONSERVATION; RESEARCHERS AND EDUCATORS; AND ANY OTHER PARTIES THE COUNCIL DEEMS APPROPRIATE. 3. THE COORDINATING COUNCIL SHALL MEET AT LEAST QUARTERLY AND SHALL DESIGNATE ONE OF ITS MEMBERS TO SERVE AS CHAIRPERSON AND ONE OF ITS MEMBERS TO SERVE AS SECRETARY FOR THE DEVELOPMENT AND DISSEMINATION OF MINUTES AND REPORTS. ALL SUCH MEETINGS SHALL BE SUBJECT TO THE OPEN MEETINGS LAW. AT LEAST ONE MEETING ANNUALLY SHALL BE HELD JOINTLY WITH THE PERMANENT ENVIRONMENTAL JUSTICE ADVISORY GROUP ESTABLISHED PURSUANT TO SECTION 48-0105 OF THIS ARTICLE. EACH MEMBER SHALL BE ENTITLED TO DESIGNATE IN WRITING A REPRESENTATIVE TO ATTEND MEETINGS IN HIS OR HER PLACE AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE. S 48-0113. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE- OF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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