Creates a permanent environmental justice advisory group

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 enforcement 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 848-0105), "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 S48-0109, 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 (2007-08) - Passed Assembly, Referred to Senate Rules A.8490 (2009) - 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.