Energy, Transportation and Environment (ETE) Policy Committee

A RESOLUTION PROMOTING STRATEGIES THAT SUPPORT SAFE AND CONVENIENT TRANSPORT ALONG ALL MODES OF TRANSPORTATION, INCLUDING BIKING AND WALKING, FOR ALL USERS

WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes that our constituents face a growing burden of largely preventable chronic illnesses, such as heart disease, stroke, obesity, and diabetes;

WHEREAS, engaging in daily physical activity reduces the risk of obesity, coronary heart disease, stroke, hypertension, diabetes, and some types of cancer;

WHEREAS, some low-income communities and communities of color have lacked well-maintained routes to parks and schools, roads, bike lanes, and sidewalks for decades, and in many cases they simply do not have transportation options at all; and the same neighborhoods often experience higher rates of chronic diseases like diabetes and heart disease;

WHEREAS, the NBCSL has previously adopted policy resolutions recognizing the importance of physical activity and social determinants of health, such as HSE-15-05 “RECOGNIZING THE SOCIAL DETERMINANTS OF HEALTH AND URGING THE CREATION OF HEALTH-IN-ALL- POLICIES TASK FORCES IN THE STATES”;

WHEREAS, one study has concluded that streets with sidewalks on one or both sides of the street are significantly more common in high-income communities (89 percent) than they are in middle-income (59 percent) or low-income (49 percent) communities, while another study concluded that children from low-income and households of color, are more likely to bike or walk to school than whites or higher-income students;

WHEREAS, researchers concluded that African Americans suffer a 60 percent higher rate of pedestrian fatalities when compared to white counterparts;

WHEREAS, researchers concluded that sidewalks contribute to safety and a pedestrian friendly environment and can increase walking within a community;

WHEREAS, investments in bicycle and pedestrian infrastructure create more jobs per million dollars spent when compared to highway projects;

WHEREAS, a study published in Social Science and Medicine, shows that people in walkable neighborhoods generally get about 35 to 45 more minutes of moderate intensity physical activity a week and are less likely to be overweight or obese than those in low-walkability neighborhoods; and

WHEREAS, physically active children may perform better academically and evidence suggests that physical activity among children is related to better mental health.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) recognizes the importance of access to safe and convenient transportation in communities;

BE IT FURTHER RESOLVED, that NBCSL applauds the U.S. Department of Transportation’s Safer People, Safer Streets initiative and for available funding for transportation projects throughout the country under the Transportation Investment Generating Economic Recovery (TIGER) grant program;

BE IT FURTHER RESOLVED, that NBCSL urges the creation of plans and goals to ensure successful implementation of walking & biking projects in low-to-moderate income communities and identification of barriers and solutions;

BE IT FURTHER RESOLVED, that NBCSL recommends supporting state and local financing mechanisms that create long-term funding for bicycling and walking projects;

BE IT FURTHER RESOLVED, that NBCSL urges the U.S. Department of Transportation to adopt performance measures that focus not only on vehicular traffic but also performance measures around equitable design tied to walking, biking, rolling, and other active forms of transportation; recognizing that these performance measures help local and state agencies determine where funding should be prioritized;

BE IT FURTHER RESOLVED, that NBCSL urges states and communities to pass complete streets policies in order to create a safe multimodal transportation network through the strategy of requiring that road construction and reconstruction projects make a street safe and comfortable for all users, and that these states and communities develop plans for the equitable implementation of complete streets; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, U.S. Department of Transportation Secretary and other federal and state government officials, as appropriate.

• SPONSOR: Senator Rodney Ellis (TX)
• Committee of Jurisdiction: Energy, Transportation, and Environment Policy Committee
• Certified by Committee Co-Chair: Representative Billy Mitchell (GA)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President

A RESOLUTION ON CONSUMER PROTECTION

WHEREAS, The National Black Caucus of State Legislators (NBCSL) supports the ability of residential and business customers to generate their own electricity through solar panels (i.e., distributed generation) as a key pathway to energy democracy whereby communities can own solar panels and be partners in the nation’s electricity infrastructure;

WHEREAS, solar success in America is the promotion of innovation and procompetitive behavior in solar markets; and

WHEREAS, Solar Leasing Disclosure Statements should be streamlined statements designed to help solar customers understand the terms and costs of solar leasing and not intended to be a substitute for reading the contract, lease and other documents associated with a solar transaction.

THEREFORE, BE IT RESOLVED, in an effort to make going solar as effortless and streamlined as possible, the National Black Caucus of State Legislators (NBCSL) recommends members become educated on solar financing options available, contracting terms to be aware of, and other useful tips;

BE IT FURTHER RESOLVED, that the NBCSL will work with the Federal Trade Commission and other appropriate organizations to develop a guide for homeowners that provides insight on solar financing, including leases and loans;

BE IT FURTHER RESOLVED, that the NBCSL believes that the protection of consumers should be a priority for both state and federal governments;

BE IT FURTHER RESOLVED, that NBCSL encourages state policymakers to increase their awareness to ensure consumers are protected and accountable for their respective states, and to consider introducing consumer protection legislation in their State Legislatures;

BE IT FURTHER RESOLVED that NBCSL work through the local, state and federal agencies to ensure that the solar leasing industry will be closely monitored and appropriately regulated to ensure the protection of our communities; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• SPONSOR: Representative Billy Mitchell (GA)
• Committee of Jurisdiction: Energy, Transportation, and Environment Policy Committee
• Certified by Committee Co-Chair: Representative Billy Mitchell (GA)
• Ratified in Plenary Session: Ratification Date is December 3, 2016

A RESOLUTION SUPPORTING COMMONSENSE POLICIES THAT ENCOURAGE TRANSPORTATION NETWORK COMPANY DRIVERS

WHEREAS, Transportation Network Companies (TNCs) are committed to increasing communities’ access to transportation, thereby helping to expand communities’ access to employment opportunities, education, commerce, art, and culture, particularly in communities of color where traditional public transportation options are often lacking;

WHEREAS, TNCs offer new entrepreneurship opportunities for communities of color by offering licensed drivers in good-standing the opportunity to earn additional income on a flexible schedule;

WHEREAS, recent studies have proven that ridesharing offers public safety benefits by reducing the number of fatal vehicle crashes, the instances of drunk or impaired driving, and the number of arrests for assault and disorderly conduct;

WHEREAS, fingerprint-based criminal history databases, such as the one maintained by the Federal Bureau of Investigations, often only indicate whether an individual has been arrested, not whether that individual was convicted of a crime;

WHEREAS, approximately one-third of all arrests do not result in a conviction;

WHEREAS, approximately one-third of all Americans are arrested by the age of twenty-three;

WHEREAS, according to a USA Today investigation conducted in 2014, in at least seventy police departments across the country, African-Americans are arrested at a rate that is ten times higher than other racial groups;

WHEREAS, fingerprint-based background checks, such as the one maintained by the Federal Bureau of Investigations, disproportionately burden communities of color who wish to participate in the new economic opportunities offered by TNCs;

WHEREAS, TNCs have developed safe, innovative, quality-controlled networks to connect drivers and riders;

WHEREAS, the number of individuals seeking to participate in ridesharing as TNC drivers decreases significantly as barriers to entry are increased;

WHEREAS, examples of such barriers to entry for TNC drivers include requirements that TNC drivers pay business license fees, obtain medical examinations, complete geography tests or in-person driving courses, obtain commercial driver’s licenses, and submit to drug testing;

WHEREAS, according to a 2016 Pew Research Center survey, overall 14 percent of whites, 15 percent of African-Americans, and 18 percent of Latinos have used TNC services;

WHEREAS, the 2016 Pew Research Center survey further found that Americans who live in majority-minority communities are more likely than those who reside in predominantly white communities to say that TNCs serve neighborhoods that taxis won’t visit;

WHEREAS, a Harvard study on upward mobility has found that the relationship between transportation, specifically commuting time, and social mobility is the single strongest determinant of a family’s chances of escaping poverty, stronger even than factors such as crime, elementary-school test scores, or the percentage of two-parent families in a community;

WHEREAS, that same Harvard study concluded that the longer the average commuting time the less likely a low-income family is to move out of poverty;

WHEREAS, a New York University Rudin Center for Transportation report found that, in New York City, residents of communities that had the lowest access to mass transit relied on personal vehicles to commute to work while residents of communities with insufficient access to mass transit experienced the highest rates of unemployment and the lowest incomes;

WHEREAS, a 2012 Brookings Institution study found that, in the 100 largest metropolitan areas, only 27 percent of jobs could be reached via mass transit within 90 minutes, more than three times the average commuting time in the United States;

WHEREAS, in a survey of over 800 people in Chicago about their experiences hailing taxis, researchers found that 48 percent of black respondents stated that, at some point in their lives, they had been ignored by a taxi driver, more than double the rate of whites who reported the same experience, and more than half of all black respondents stated that a taxi company had refused to send a car to their neighborhood when called; and

WHEREAS, NBCSL seeks to create an environment where TNC services will thrive and facilitate the development of a robust market—including supply and demand—for TNC services.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports legislation that supports the development of TNC services by providing a commonsense regulatory framework for TNCs;

BE IT FURTHER RESOLVED, NBCSL urges the adoption of TNC rules designed to provide a framework for safe transportation options, reduce discriminatory practices, and increase entrepreneurial activity;

BE IT FURTHER RESOLVED, that all state legislators are urged to ensure that the economic, environmental, and social opportunities provided by TNC services continue to thrive across the country;

BE IT FURTHER RESOLVED, that all state legislators are encouraged to ensure that these economic, environmental, and social opportunities are equally available to all people seeking to participate in ridesharing through the enactment of TNC regulations that ensure the safety of passengers and fair and equitable processes for those seeking to become TNC drivers; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• SPONSOR: Representative Harold M. Love, Jr. (TN)
• Committee of Jurisdiction: Energy, Transportation, and Environment Policy Committee
• Certified by Committee Co-Chair: Representative Billy Mitchell (GA)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President

RESOLUTION ON CREATING A SAFE AND HEALTHY ENVIRONMENT THROUGH INNOVATION

WHEREAS, there has been a history of environmental dangers, particularly in communities of color, in cities like West Dallas, TX, Uniontown, AL, Chester, PA, East Chicago, IN, and as recently Flint, MI;

WHEREAS, a 2016 study published in Environmental Research Letters demonstrated factories, warehouses, and other facilities using hazardous chemicals, are overwhelmingly in low-income com-munities of color;

WHEREAS, a 2015 study published the same journal, showed that hazardous waste treatment, stor-age, and disposal plants often are located in low-income communities of color as well;

WHEREAS, African Americans are 75 percent greater and Latinos are 60 percent greater to live in “fenceline zones,” places where chances are highest for death or injury after a chemical accident;

WHEREAS, environmental justice is the “fair treatment and meaningful involvement of people re-gardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies;”

WHEREAS, the Hazardous Substances Emergency Events Surveillance (HSEES) was established by the Agency for Toxic Substances & Disease Registry ATSDR, to “collect and analyze information about acute releases of hazardous substances and threatened releases that result in a public health action;”

WHEREAS, only 14 states participate in the HSEES: Colorado, Florida, Iowa, Louisiana, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Texas, Utah, Washington, and Wiscon-sin; and

WHEREAS, safer environmental regulations on chemical production, distribution, and elimination can reduce the risk to all communities.

THEREFORE BE IT RESOLVED, the National Black Caucus of State Legislators (NBCSL) calls for the use of alternative production processes, the use of safer chemicals, redesigned products and systems, and innovative products in efforts to eliminate hazardous chemicals;

BE IT FURTHER RESOLVED, chemicals slow to degrade, accumulate in our bodies or living organ-isms, or are highly hazardous to humans or the environment be the first to be eliminated from regu-lar use are not exported to other countries;

BE IT FURTHER RESOLVED, the public and workers should have a full right to know and partici-pate on the decision of chemicals, including, disclosing chemicals and materials, listing quantities of chemicals produced, used, released, and exported, and providing public/worker access to chemical hazard, use and exposure information;

BE IT FURTHER RESOLVED, NBCSL urges companies to act with foresight and prevent harm from new or existing chemicals when credible evidence of harm exists, even when some uncertainty re-mains regarding the exact nature and magnitude of the harm;

BE IT FURTHER RESOLVED, NBCSL urges manufacturers to publicly provide available safety in-formation about a chemical. The information must be sufficient to permit a reasonable evaluation of the safety of the chemical for human health and the environment, including hazard, use and expo-sure information;

BE IT FURTHER RESOLVED, that when communities and workers are exposed to levels of chemi-cals that pose a health hazard, that immediate action is taken to contain and eliminate these expo-sures and resulting harm; and

BE IT FINALLY RESOLVED, that NBCSL send a copy of this resolution to the President of the Unit-ed States, the Vice President of the United States, members of Congress, and other federal and state government officials as appropriate.

• SPONSOR: Representative Harold Mitchell (SC)
• Committee of Jurisdiction: Energy, Transportation, and Environment Policy Committee
• Certified by Committee Co-Chair: Representative Billy Mitchell (GA)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President

A RESOLUTION SUPPORTS THE PROTECTION OF LANDS, WATERS AND SACRED PLACES FOR THE STANDING ROCK SIOUX NATION

WHEREAS, Native Americans, Native Alaskans and Native Hawaiians have experienced a traumatic history of discrimination;

WHEREAS, the United States has historically recognized Indian Nations in the United States as sovereign nations having inherent sovereign powers and rights including the right to make their own laws and the right to govern all people who come onto the Indian Nations;

WHEREAS, sovereign Indian Nations predate the United States Constitution and therefore Indian Nations are not subject to the United States Constitution but are subject to the plenary authority of the United States Congress;

WHEREAS, the Standing Rock Indian reservation was established as the homeland for the Hunkpapa, Yanktonai, Cuthead and Blackfoot bands of the Great Sioux Nation:

WHEREAS, the Standing Rock Sioux Tribe depends on the Missouri River as its sole water source as well as for general wellbeing and sustainability of the Standing Rock Indian Reservation;

WHEREAS, the Dakota Access Pipeline poses a serious risk to the wildlife and fish along the Missouri River and the Standing Rock Sioux Tribes ability to provide a livable homeland for its people;

WHEREAS, the horizontal direction drilling in the construction of the Dakota Access pipeline would harm sacred places and cultural resources;

WHEREAS, the National Black Caucus of State Legislators understands the importance of government-to-government consultation and understands there has been a lack of meaningful consultation with the Standing Rock Sioux Tribe; and

WHEREAS, NBCSL supports the Standing Rock Sioux Tribe and the many other tribes that have expressed opposition to the Dakota Access Pipeline.

THEREFORE BE IT RESOLVED, the National Black Caucus of State Legislators (NBCSL) supports the inherit sovereignty of the Standing Rock Sioux Tribe and their efforts to stop construction of the pipeline;

BE IT FURTHER RESOLVED, NBCSL urges the U.S. Army Corps of Engineers to rescind all permitting or easement for the Dakota Access Pipeline on all tribal lands until a full environmental impact study is done with meaningful consultation with the Standing Rock Sioux Tribe; and

BE IT FINALLY RESOLVED, that NBCSL send a copy of this resolution to the President of the United States, the Vice President of the United States, members of Congress, and other federal and state government officials as appropriate.

• SPONSOR: Senator Anastasia Pittman (OK)
• Committee of Jurisdiction: Energy, Transportation, and Environment Policy Committee
• Certified by Committee Co-Chair: Representative Billy Mitchell (GA)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President