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A8432Assembly2009-2010 Session

Declares a policy of equal treatment in development and enforcement of environmental laws, regulations and policies

Sponsor Michael GianarisAD-36+15 co-sponsorsAffects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Environmental Conservation

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History

  1. Referred to environmental conservation
  2. Print number 8432a
  3. Amend (t) and recommit to rules
  4. Reported referred to rules
  5. Referred to environmental conservation

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8432A

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 environ- mental 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 state- ment 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 devel- opment, implementation and enforcement of environmental laws, regu- lations, and policies, and should be free from any disproportionate exposure or risk of exposure to pollution and from the cumulative nega- tive 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-in- come 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

S.2350 (2007-08): referred to Senate Envi- ronmental Conservation Committee.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.