What's happening
This bill establishes a policy of environmental justice, ensuring equal treatment for all New Yorkers in environmental law development and enforcement.
Why it matters
Addresses historic inequalities. by explicitly prohibiting disproportionate environmental burdens—such as pollution or lack of green space—on communities based on race, income, or other factors, aiming to prevent the clustering of environmental hazards in vulnerable areas.
Establishes a legal foundation for environmental justice. in state law, which could empower affected communities and advocacy groups to push for fairer regulatory decisions, enforcement actions, and access to environmental benefits.
Expands the definition of environmental rights. to include not just safety and health, but also productive, aesthetically, and culturally pleasing surroundings, recognizing the broader impacts of environmental decisions on community well-being.
Modernizes and humanizes statutory language. by replacing the word "man" with "people," ensuring the law reflects a more inclusive and current understanding of who is protected and served by environmental policy.
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Who cares
Headline styles
Ensure Equal Environmental Protection
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2104
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sens. GIANARIS, HOYLMAN, KRUEGER, SERRANO -- 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 the development and enforcement of environmental laws, regulations and policies
The People of the State of New York, represented in Senate and Assembly, 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 all people, regardless of race, culture, national origin, income or community of residence, shall be treated equally with respect to the development, implementation 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 of environmental justice is based on the concept of fundamental fairness that all people should be free from any disproportionate exposure or risk of exposure to pollution, and from the cumulative negative impacts resulting from the disparate concentration of polluted sites or environmental facilities licensed, regulated or approved by state agencies, nor should people be deprived of locally accessible open space or other environmental benefits due to lack of political or economic strength.
§ 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 technological progress for present and future generations by:
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04001-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 poli- cies. 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
Section 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, imple- mentation and enforcement of environmental laws, regulations, and poli- cies, 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.
Section 2 further amends the declaration of policy to remove an unin- tended gender bias in ECL § 1-0101(3).
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 environ- mental hazards. This study found that minority neighborhoods, even more than poor neighborhoods, are saddled with an unfair share of incinera- tors, 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
2018: Died in Environmental Conservation 2017: Died in Environmental Conservation 2016: Died in Environmental Conservation 2015: Died in Environmental Conservation 2014: Died in Senate Environmental Conservation 2012: Died in Senate Rules Committee Environmental
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.