What's happening
This bill proposes a constitutional amendment to add protection of cultural resources and create an Office of Public Advocate for environmental and cultural interests.
Why it matters
Expanding "natural resources" to include "cultural resources" means the state would be constitutionally required to protect not just environmental assets (like forests and water), but also historic sites, artifacts, and other cultural heritage—potentially strengthening preservation efforts.
The creation of a new Office of Public Advocate specifically empowered to sue the state or its agencies on behalf of the public could provide a formal, independent watchdog for environmental and cultural issues, increasing accountability and enabling challenges to government actions that may harm these resources.
Embedding these protections and the advocate’s authority in the state constitution would make it much harder for future legislatures to weaken or undo these safeguards, ensuring long-term commitment to both environmental and cultural preservation.
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Who cares
Headline styles
Create Public Advocate Office
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
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.
Create Public Advocate Office
In Assembly Committee · Judiciary · Sponsor Kevin Cahill
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
133
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 4 of article 14 of the constitution, in relation to environmental protection
Section 1. RESOLVED (if the Assembly concur), That section 4 of article 14 of the constitution be amended to read as follows:
§ 4. The policy of the state shall be to conserve and protect its natural and cultural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources and shall establish an office of public advocate with the authority to commence civil action against the state or any of its departments, agencies or bureaus or its public authorities to protect the public's interest in the state's natural and cultural resources. The legislature shall further provide for the acquisition of lands and waters, including improvements thereon and any interest therein, outside the forest preserve counties, and the dedication of properties so acquired or now owned, which because of their natural beauty, wilderness character, or geological, ecological or historical significance, shall be preserved and administered for the use and enjoyment of the people. Properties so dedicated shall constitute the state nature and historical preserve and they shall not be taken or otherwise disposed of except by law enacted by two successive regular sessions of the legislature.
§ 2. RESOLVED (if the Assembly concur), That the foregoing be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conform-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89026-01-7
S. 133 2
ity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 4 of article 14 of the constitution, in relation to environmental protection
Purpose or general idea of bill
To establish an Office of Public Advocate with the authority to commence civil action against the state or any of its bodies and to protect the public interest in the state's natural and cultural resources.
Summary of specific provisions
Section 4 of Article 14 of the New York State Constitution is amended to include the establishment of an Office of Public Advocate with the authority to commence civil action against the state or any of its departments, agencies or bureaus or its public authorities to protect the public's interest in the state's natural and cultural resources. This section is further amended to include cultural resources as well as natural resources that shall be protected.
Justification
Protecting the environment has long been one of the major priorities of the legislature. With the adoption of Article 14 of the New York State Constitution, which enacted certain provisions toward forest and wildlife conservation, the State made a commitment to protecting and conserving the environment. By establishing a public advocate, the state would be able to strengthen its efforts to attain these environmental goals.
Compliance with environmental laws should be a basic expectation of the administration of the state of New York. The potential for civil action on the part of the public advocate would increase the attention of state bureaus and agencies to their environmental track records. Requiring these bureaus and agencies to be accountable to the office of public advocate will benefit both the environment and the public as a whole.
Prior legislative history
S.6344 of 2016 (Hoylman): Died in Judiciary A.2587 of 2015-2016 (Cahill): Died in Judiciary
Fiscal implications
Not determined.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.