N.Y. Environmental Conservation Law § 75-0111: Climate justice working group

§ 75-0111. Climate justice working group.

1. There is hereby created within the department, no later than six

months after the effective date of this article, a "climate justice

working group". Such working group will be comprised of representatives

from: environmental justice communities, the department, the department

of health, the New York state energy and research development authority,

and the department of labor.

a. Environmental justice community representatives shall be members of

communities of color, low-income communities, and communities bearing

disproportionate pollution and climate change burdens, or shall be

representatives of community-based organizations with experience and a

history of advocacy on environmental justice issues, and shall include

at least three representatives from New York city communities, three

representatives from rural communities, and three representatives from

upstate urban communities.

b. The working group, in consultation with the department, the

departments of health and labor, the New York state energy and research

development authority, and the environmental justice advisory group,

will establish criteria to identify disadvantaged communities for the

purposes of co-pollutant reductions, greenhouse gas emissions

reductions, regulatory impact statements, and the allocation of

investments related to this article.

c. Disadvantaged communities shall be identified based on geographic,

public health, environmental hazard, and socioeconomic criteria, which

shall include but are not limited to:

i. areas burdened by cumulative environmental pollution and other

hazards that can lead to negative public health effects;

ii. areas with concentrations of people that are of low income, high

unemployment, high rent burden, low levels of home ownership, low levels

of educational attainment, or members of groups that have historically

experienced discrimination on the basis of race or ethnicity; and

iii. areas vulnerable to the impacts of climate change such as

flooding, storm surges, and urban heat island effects.

2. Before finalizing the criteria for identifying disadvantaged

communities and identifying disadvantaged communities pursuant to

subdivision one of this section, the department shall publish draft

criteria and a draft list of disadvantaged communities and make such

information available on its website.

a. The council shall hold at least six regional public hearings on the

draft criteria and the draft list of disadvantaged communities,

including three meetings in the upstate region and three meetings in the

downstate region, and shall allow at least one hundred twenty days for

the submission of public comment.

b. The council shall also ensure that there are meaningful

opportunities for public comment for all segments of the population that

will be impacted by the criteria, including persons living in areas that

may be identified as disadvantaged communities under the proposed

criteria.

3. The group will meet no less than annually to review the criteria

and methods used to identify disadvantaged communities and may modify

such methods to incorporate new data and scientific findings. The

climate justice working group shall review identities of disadvantaged

communities and modify such identities as needed.