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

BILL NUMBER:S2390

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)

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.