ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MAY, MAYER, REICHLIN-MELNICK
Add Art 15-D §§328-e - 328-g, Exec L
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
2021-2022 Regular Sessions
January 29, 2021
Introduced by Sens. KENNEDY, ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MAY,
MAYER -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance
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-e. Definitions. As used in this article, the following terms
10 shall have the following meanings:
11 1. "Office" means the office of racial equity and social justice.
12 2. "Director" means the director of the office of racial equity and
13 social justice.
14 3. "Equity" means fair and just opportunities and outcomes for all
16 4. "Social justice" means every individual deserves to benefit from
17 the same economic, political and social rights and opportunities, free
18 from health disparities, regardless of race; socioeconomic status; age;
19 sex, including on the basis of gender identity or orientation; religion;
20 disability; or other characteristics.
21 5. "Race" means a social construct that artificially divides people
22 into distinct groups based on characteristics such as physical appear-
23 ance, including color; ancestral heritage; cultural affiliation;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 3468 2
1 cultural history; ethnic classification; and the social, economic and
2 political needs of a society at a given period.
3 6. "Inequity" means systematic and patterned differences in well-being
4 that disadvantage one group in favor of another caused by past and
5 current decisions, systems of power and privilege, and policies.
6 7. "Individual racism" means explicit or implicit pre-judgment bias or
7 discrimination by an individual based on race.
8 8. "Institutional racism" means policies, practices, and procedures
9 that work better for some members of a community than others based on
11 9. "Racial equity and social justice" means changes in policy, prac-
12 tice and allocation of state resources so that race or social justice
13 constructs do not predict an individual's success, while also improving
14 opportunities and outcomes for all people.
15 § 328-f. Office of racial equity and social justice; director, organ-
16 ization and employees. 1. The office of racial equity and social justice
17 is hereby created within the executive department to have and exercise
18 the functions, powers and duties provided by the provisions of this
19 article and any other provision of law.
20 2. The head of the office shall be the director of the office, who
21 shall serve as the chief equity officer for the state of New York and
22 shall be designated as management confidential in the noncompetitive
23 class in accordance with the civil service law. The director shall be
24 the chief executive officer of and in sole charge of the administration
25 of the office. The director shall be entitled to receive reimbursement
26 for expenses actually and necessarily incurred by him or her in the
27 performance of his or her duties.
28 3. The director may, from time to time, create, abolish, transfer and
29 consolidate bureaus and other units within the office not expressly
30 established by law as he or she may determine necessary for the effi-
31 cient operation of the office, subject to the approval of the director
32 of the budget.
33 4. The director may appoint, in accordance with the civil service law,
34 such deputies, assistants, and other officers and employees, committees
35 and consultants as he or she may deem necessary, prescribe their powers
36 and duties, fix their compensation, and provide for reimbursement of
37 their expenses within the amounts appropriated therefor.
38 5. The director may request and receive from any department, division,
39 board, bureau, commission or other agency of the state or any political
40 subdivision thereof or any public authority, staff and other assistance,
41 information, and resources as will enable the office to properly carry
42 out its functions, powers and duties.
43 § 328-g. Functions, powers and duties of the office. The office shall
44 have the following functions, powers and duties:
45 1. To act as the official state planning and coordinating office for
46 changes in policy, practice and allocation of state resources so that
47 race or social justice constructs do not predict an individual's
48 success, while also improving opportunities and outcomes for all people,
49 and performing all necessary and appropriate services required to
50 fulfill these duties.
51 2. To establish, oversee, manage, coordinate and facilitate the plan-
52 ning, design and implementation of the state's racial equity and social
53 justice action plan, such plan shall incorporate and embed racial equity
54 and social justice principles and strategies into operations, programs,
55 service policies and community engagement to eliminate inequity, insti-
S. 3468 3
1 tutional racism and individual racism in the state, and shall include
2 racial equity and social justice training for all state employees.
3 3. To advise and assist the state agencies in developing policies,
4 plans and programs for eliminating institutional racism and improving
5 racial equity and social justice.
6 4. To perform racial equity and social justice reviews and make recom-
7 mendations for improving management and program effectiveness pertaining
8 to racial equity and social justice, including, but not limited to, an
9 annual racial equity and social justice impact statement which shall
10 accompany the executive budget.
11 5. To establish, oversee, manage a racial equity and social justice
12 advisory committee, the composition and duties of such committee as
13 determined by the director.
14 § 2. This act shall take effect on the thirtieth day after it shall
15 have become a law.