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History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allows a person to institute an action for a violation of the provisions of the environmental quality review even if the injury does not affect the public at large
In Assembly Committee · Environmental Conservation · Sponsor Daniel O'Donnell
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S885
Title of bill
An act to amend the environmental conservation law, in relation to enacting the environmental access to justice act
Purpose or general idea of bill
This bill amends the environmental conservation law to prevent individuals from being denied standing in private actions alleging violations of the environmental quality review provisions of the environmental conservation law solely on the basis that the injury alleged by such individual does not differ in kind or degree from the injury that would be suffered by the public at large.
Summary of provisions
Section one creates the short title, "Environmental Access to Justice Act," for use in reference and citation to this bill. Section two amends the environmental conservation law by adding a new section 8-0119 that prevents individuals from being denied standing in private actions alleging violations of the environmental quality review provisions of the environmental conservation law solely on the basis that the injury alleged by such individual does not differ in kind or degree from the injury that would be suffered by the public at large.
Section three provides that the act shall take effect immediately.
Justification
Under current law individuals can be effectively barred from bringing legal actions alleging violations of the environmental quality review provisions of the environmental conservation law solely on the basis that the injury alleged by such individual does not differ in kind or degree from the injury that would be suffered by the public at large. Individuals that may suffer harm from such violations of the environmental conservation law should not be denied the right to have their cases heard. This bill would enable individuals to bring actions based on such harms.
Legislative history
2011-12: S.4618/A.3279 (Sweeney) 2009-10: S.1635 (Thompson)/A.9480 (Sweeney) 2007-08: S.5182 (Morahan)/A.1435 (Bradley) 2005-06: S.2380A (Morahan)/A.1435 (Bradley) 2003-04: S.6493 (Morahan/A.8673 (Bradley)
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.