What's happening
This bill proposes a constitutional amendment guaranteeing every New Yorker the right to clean air, water, and a healthful environment.
Why it matters
Establishes an enforceable legal right. By embedding the right to clean air, water, and a healthful environment in the state constitution, this amendment gives individuals and communities a potential legal basis to challenge government actions or private activities that threaten environmental quality.
Elevates environmental protection to a fundamental value. Positioning environmental rights alongside other constitutional rights signals that protecting natural resources is a core priority for the state, potentially influencing future laws, regulations, and court decisions.
Impacts policy and development decisions. State and local agencies may need to more rigorously consider the environmental impacts of their decisions, such as approving permits or infrastructure projects, to avoid infringing on this newly established right.
Empowers citizens and communities. Individuals and groups would have stronger standing to advocate for environmental justice and demand state action in cases where their right to a clean and healthy environment is threatened or neglected.
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Who cares
Headline styles
Guarantee Clean Air, Water
Plain English, a few words. Used as the page title.
Sponsors
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.
Guarantee Clean Air and Water
In Senate Committee · Judiciary · Sponsor Steven Englebright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5287
2017-2018 Regular Sessions
IN SENATE
March 20, 2017
Introduced by Sen. CARLUCCI -- 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 article 1 of the constitution, in relation to the right to clean air and water and a healthful environment
Section 1. Resolved (if the Assembly concur), That article 1 of the constitution be amended by adding a new section 19 to read as follows:
§ 19. Environmental rights. Each person shall have a right to clean air and water, and a healthful environment.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89102-01-7
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 article 1 of the constitution, in relation to the right to clean air and water and a healthful environment
Purpose or general idea of bill
To protect public health and the environment by ensuring clean air and water.
Summary of provisions
Amends the State Constitution's bill of rights to include a right to clean air and water and a healthful environment.
Justification
Recent water contamination and ongoing concerns about air quality have highlighted the importance of clean drinking water and air as well as the need for additional protections. Several other states including Pennsylvania, Hawaii, Massachusetts and Montana have constitutional protections in place to ensure access to clean air and water. This proposed constitutional amendment would follow those models and ensure that clean air and water are treated as fundamental rights for New Yorkers.
Prior legislative history
This is new legislation.
Fiscal implications for state and local governments
None
Effective date
Resolved, that the foregoing amendments be referred to the first regular legislative session convening after the next succeeding general election of members to the Senate, and in, conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.