S193-2013 Actions

• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S193-2013 Memo

BILL NUMBER:S193

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

PURPOSE:
This bill will ensure that the environmental philosophy and policy
which guides the State of New York provides environmental justice for
all people regardless of their political or economic strength.

SUMMARY OF PROVISIONS:
Section one amends the declaration of policy statement in the general
provisions of the environmental conservation law to ensure that
people of all races, cultures, religions, incomes, education levels
and sexual preferences are treated equally with respect to our
State's environmental laws; and that no population is forced to be
disproportionately exposed to pollution or be deprived of locally
accessible open space. The declaration of policy is further amended
to remove an unintended gender bias in subdivision 3 of section
1-0101 of the environmental conservation law.

EXISTING LAW:
Existing law does not explicitly provide for environmental justice
considerations.

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 is a condition and practice known as "environmental
racism." As the City of New York embarks on finding new locations for
solid waste transfer operations, the prospect looms that minority
communities will be exposed to even more pollution. This will happen
at the expense of losing opportunities for creating new open spaces
in neighborhoods terribly underserved by neighborhood green spaces.

Without being unduly restrictive, this broadly applicable law would
provide environmental justice to minority and disadvantaged
communities by affirming their legal right to equal protection under
the law to a healthy and clean environment. Opportunities for
economic growth and
prosperity in disadvantaged communities would not be precluded by this
legislation.

LEGISLATIVE HISTORY:
2007 Referred to Environmental Conservation
2008 Referred to Environmental Conservation
2010 Passed Senate (S.4407)
2011 REFERRED TO ENVIRONMENTAL CONSERVATION
2012 REFERRED TO ENVIRONMENTAL CONSERVATION


FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S193-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          193
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 declaring  a  policy of equal treatment in development and enforcement
 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  PEOPLE  OF
 ALL  RACES,  CULTURES,  RELIGIONS,  INCOMES, EDUCATION LEVELS AND SEXUAL
 PREFERENCE BE TREATED  EQUALLY  WITH  RESPECT  TO  THE  DEVELOPMENT  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 IS BASED ON THE CONCEPT OF FUNDAMENTAL  FAIRNESS,  WHICH  IMPLIES
 THAT  NO POPULATION SHOULD BE FORCED TO BEAR A DISPROPORTIONATE SHARE OF
 EXPOSURE TO THE NEGATIVE EFFECTS OF POLLUTION OR BE DEPRIVED OF  LOCALLY
 ACCESSIBLE OPEN SPACE 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.
 LBD00244-01-3

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