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Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Declares a policy of equal treatment in development and enforcement of environmental laws, regulations and policies
In Assembly Committee · Environmental Conservation · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2455
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 environmental philosophy and policy which guides the State of New York provides environmental justice for all people.
Summary of provisions
§ 1 amends the declaration of policy statement 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 development, implementation and enforcement of environmental laws, regulations, and policies, and should be free from any disproportionate exposure or risk of exposure to pollution and from the cumulative negative 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.
§ 2 further amends the declaration of policy to remove an unintended gender bias in ECL § 1-0101(3).
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-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 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
2014: Senate Bill # 620 (Gianaris - Died in Senate Environmental Conservation 2012: Senate Bill #1973 (Gianaris) - Died in Senate Rules Committee Environmental 2012: Assembly Bill #1645 (Kavanagh) - Died in Assembly Environmental Conservation Committee 2010: Assembly Bill #8432A (Gianaris) - Died in Assembly Environmental 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.