STATE OF NEW YORK ________________________________________________________________________ 4187 2023-2024 Regular Sessions IN ASSEMBLY February 10, 2023 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Governmental Operations 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. 15 3. "Equity" means fair and just opportunities and outcomes for all 16 individuals. 17 4. "Social justice" means every individual deserves to benefit from 18 the same economic, political and social rights and opportunities, free 19 from health disparities, regardless of race; socioeconomic status; age; 20 sex, including on the basis of gender identity or orientation; religion; 21 disability; or other characteristics. 22 5. "Race" means a social construct that artificially divides people 23 into distinct groups based on characteristics such as physical appear- 24 ance, including color; ancestral heritage; cultural affiliation; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03131-01-3A. 4187 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 10 race. 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, who shall serve as 21 the chief equity officer for the state of New York. The director shall 22 be appointed by the governor with the consent and approval of the senate 23 and receive a salary to be fixed by the governor within the amounts 24 appropriated therefor. 25 3. The director may, from time to time, create, abolish, transfer and 26 consolidate bureaus and other units within the office not expressly 27 established by law as the director may determine necessary for the effi- 28 cient operation of the office, subject to the approval of the director 29 of the budget. 30 4. The director may appoint assistants, and other officers and employ- 31 ees, committees and consultants as the director may deem necessary, 32 prescribe their powers and duties, fix their compensation within the 33 amounts appropriated therefor. 34 5. The director may request and receive from any department, division, 35 board, bureau, commission or other agency of the state any information 36 and resources that will enable the office to properly carry out its 37 functions, powers and duties. 38 § 328-g. Functions, powers and duties of the office. The office shall 39 have the following functions, powers and duties: 40 1. To act as the official state planning and coordinating office for 41 changes in policy, practice and allocation of state resources so that 42 race or social justice constructs do not predict an individual's 43 success, while also improving opportunities and outcomes for all people, 44 and performing all necessary and appropriate services required to 45 fulfill these duties. 46 2. To establish, oversee, manage, coordinate and facilitate the plan- 47 ning, design and implementation of the state's racial equity and social 48 justice action plan, such plan shall incorporate and embed racial equity 49 and social justice principles and strategies into operations, programs, 50 service policies and community engagement to eliminate inequity, insti- 51 tutional racism and individual racism in the state, and shall include 52 racial equity and social justice training for all state employees. 53 3. To advise and assist the state agencies in developing policies, 54 plans and programs for eliminating institutional racism and improving 55 racial equity and social justice.A. 4187 3 1 4. To perform racial equity and social justice reviews and make recom- 2 mendations for improving management and program effectiveness pertaining 3 to racial equity and social justice, including, but not limited to, an 4 annual racial equity and social justice impact statement which shall 5 accompany the executive budget. 6 5. To establish, oversee, manage a racial equity and social justice 7 advisory committee, the composition and duties of such committee as 8 determined by the director. 9 § 328-h. Reporting. The office shall submit a report to the governor, 10 the speaker of the assembly and the temporary president of the senate no 11 later than one year after the effective date of this article and annual- 12 ly thereafter. Such report shall contain, at minimum, information 13 related to policy recommendations of the office and the activities of 14 the racial equity and social justice advisory committee. Such report 15 shall also be published on the website of the office of the governor. 16 § 2. This act shall take effect July 1, 2024.