What is Fair Share?
The City Charter acts as the constitution for the City of New York. It sets out the rules for how the city functions. In 1989, in recognition of the fact that certain communities –
especially low-income and communities of color –
house a concentration of facilities that together are damaging to the health and fabric of those neighborhoods, the Charter was amended to create a “Fair Share” provision.
The Fair Share provision promises to enable a system that “shall be designed to further the fair distribution among communities of the burdens and benefits associated with city facilities…and with due regard for the social and economic impacts of such facilities upon the areas surrounding the sites.”[1]
What’s broken and how can it be fixed?
The intent of this provision was betrayed by its implementation after the 1989 charter revision. The process that set up how Fair Share would work exempted important kinds of facilities, and made it very easy for the facilities to which it does pertain to escape the review process that the provision was intended to require.
Fair Share must be fixed by closing the loophole that allows exceptions to the mandated process. Fair Share should apply to a broader set of facilities, including private facilities whose operations are contracted by a public entity, and ones owned or operated by public authorities. The determination of a community’s baseline burden should include all infrastructure and polluting facilities in order to accurately take into account the cumulative burden that a community bears. In addition, health statistics, air quality measures and other relevant data indicators should be incorporated into determining the baseline of burden upon a community. Finally, the Statement of Needs should be replaced with a frequently updated and publicly available development information system that is coordinated with a comprehensive plan.
Why is it important now?
The 1989 Charter Revision Commission recognized the need for a Fair Share provision and crafted it. Subsequent processes have betrayed the original intention. This summer, a Charter Revision Commission has been formed and is deciding which issues it will address. At the same time, the Department of City Planning is updating its Comprehensive Waterfront Revitalization Plan, which will directly impact how siting is performed in the city. These two processes should be consistent and closely aligned. Charter Revision must address Fair Share this summer to ensure that overburdened communities are protected.
How can I help make sure that Fair Share gets fixed?
Speak up and tell the Commission that Fair Share must be fixed now! Thursday, June 24th , starting at 6p.m. at the Flushing Library, the Charter Revision Commission is holding its only Land-Use hearing before it releases its scope. If you plan to attend and speak about this topic, please contact nyceja <at> gmail.com for more information. If you cannot attend the hearing, you can contact the Commission here. To learn more about upcoming opportunities for action, visit this site frequently.
[1] New York City Charter § 203
