Establishes the office of racial equity and social justice to act as the official state planning and coordinating office for changes in policy, practice and allocation of state resources so that race or social justice constructs do not predict an individual's success, while also improving opportunities and outcomes for all people, and performing all necessary and appropriate services required to fulfill these duties.
STATE OF NEW YORK
________________________________________________________________________
3468--B
Cal. No. 259
2021-2022 Regular Sessions
IN SENATE
January 29, 2021
___________
Introduced by Sens. KENNEDY, ADDABBO, COONEY, HARCKHAM, HINCHEY, KAPLAN,
KRUEGER, MAY, MAYER, REICHLIN-MELNICK, SANDERS, SEPULVEDA -- read
twice and ordered printed, and when printed to be committed to the
Committee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Finance in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, passed by Senate and delivered to
the Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the executive law, in relation to establishing the
office of racial equity and social justice
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 15-D
2 to read as follows:
3 ARTICLE 15-D
4 OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
5 Section 328-e. Definitions.
6 328-f. Office of racial equity and social justice; director,
7 organization and employees.
8 328-g. Functions, powers and duties of the office.
9 328-h. Reporting.
10 § 328-e. Definitions. As used in this article, the following terms
11 shall have the following meanings:
12 1. "Office" means the office of racial equity and social justice.
13 2. "Director" means the director of the office of racial equity and
14 social justice.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02437-05-2
S. 3468--B 2
1 3. "Equity" means fair and just opportunities and outcomes for all
2 individuals.
3 4. "Social justice" means every individual deserves to benefit from
4 the same economic, political and social rights and opportunities, free
5 from health disparities, regardless of race; socioeconomic status; age;
6 sex, including on the basis of gender identity or orientation; religion;
7 disability; or other characteristics.
8 5. "Race" means a social construct that artificially divides people
9 into distinct groups based on characteristics such as physical appear-
10 ance, including color; ancestral heritage; cultural affiliation;
11 cultural history; ethnic classification; and the social, economic and
12 political needs of a society at a given period.
13 6. "Inequity" means systematic and patterned differences in well-being
14 that disadvantage one group in favor of another caused by past and
15 current decisions, systems of power and privilege, and policies.
16 7. "Individual racism" means explicit or implicit pre-judgment bias or
17 discrimination by an individual based on race.
18 8. "Institutional racism" means policies, practices, and procedures
19 that work better for some members of a community than others based on
20 race.
21 9. "Racial equity and social justice" means changes in policy, prac-
22 tice and allocation of state resources so that race or social justice
23 constructs do not predict an individual's success, while also improving
24 opportunities and outcomes for all people.
25 § 328-f. Office of racial equity and social justice; director, organ-
26 ization and employees. 1. The office of racial equity and social justice
27 is hereby created within the executive department to have and exercise
28 the functions, powers and duties provided by the provisions of this
29 article and any other provision of law.
30 2. The head of the office shall be the director, who shall serve as
31 the chief equity officer for the state of New York. The director shall
32 be appointed by the governor with the consent and approval of the senate
33 and receive a salary to be fixed by the governor within the amounts
34 appropriated therefor.
35 3. The director may, from time to time, create, abolish, transfer and
36 consolidate bureaus and other units within the office not expressly
37 established by law as the director may determine necessary for the effi-
38 cient operation of the office, subject to the approval of the director
39 of the budget.
40 4. The director may appoint assistants, and other officers and employ-
41 ees, committees and consultants as the director may deem necessary,
42 prescribe their powers and duties, fix their compensation within the
43 amounts appropriated therefor.
44 5. The director may request and receive from any department, division,
45 board, bureau, commission or other agency of the state any information
46 and resources that will enable the office to properly carry out its
47 functions, powers and duties.
48 § 328-g. Functions, powers and duties of the office. The office shall
49 have the following functions, powers and duties:
50 1. To act as the official state planning and coordinating office for
51 changes in policy, practice and allocation of state resources so that
52 race or social justice constructs do not predict an individual's
53 success, while also improving opportunities and outcomes for all people,
54 and performing all necessary and appropriate services required to
55 fulfill these duties.
S. 3468--B 3
1 2. To establish, oversee, manage, coordinate and facilitate the plan-
2 ning, design and implementation of the state's racial equity and social
3 justice action plan, such plan shall incorporate and embed racial equity
4 and social justice principles and strategies into operations, programs,
5 service policies and community engagement to eliminate inequity, insti-
6 tutional racism and individual racism in the state, and shall include
7 racial equity and social justice training for all state employees.
8 3. To advise and assist the state agencies in developing policies,
9 plans and programs for eliminating institutional racism and improving
10 racial equity and social justice.
11 4. To perform racial equity and social justice reviews and make recom-
12 mendations for improving management and program effectiveness pertaining
13 to racial equity and social justice, including, but not limited to, an
14 annual racial equity and social justice impact statement which shall
15 accompany the executive budget.
16 5. To establish, oversee, manage a racial equity and social justice
17 advisory committee, the composition and duties of such committee as
18 determined by the director.
19 § 328-h. Reporting. The office shall submit a report to the governor,
20 the speaker of the assembly and the temporary president of the senate no
21 later than one year after the effective date of this article and annual-
22 ly thereafter. Such report shall contain, at minimum, information
23 related to policy recommendations of the office and the activities of
24 the racial equity and social justice advisory committee. Such report
25 shall also be published on the website of the office of the governor.
26 § 2. This act shall take effect July 1, 2023.
