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S2072Senate2019-2020 SessionSame asA2064

Guarantee Clean Air and Water

Official title

“Relates to the right to clean air and water and a healthful environment”

Sponsor David CarlucciSD-38+20 co-sponsorsAffects Legal
Status
In Senate Committee
Judiciary
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill proposes a constitutional amendment granting every person the right to clean air, clean water, and a healthful environment.

Why it matters

  1. Enshrining environmental rights in the state constitution. would give individuals a powerful legal tool to challenge government or private actions that threaten air, water, or public health—potentially changing how courts handle environmental disputes.

  2. Proactive protection of natural resources. could become a guiding principle in state and local policy decisions, requiring lawmakers and agencies to consider environmental impacts more seriously before approving projects or regulations.

  3. Environmental justice implications. Marginalized communities, often most affected by pollution, would gain a constitutional basis to demand cleaner environments, potentially addressing longstanding inequities in exposure to environmental hazards.

  4. Influence on future legislation and enforcement. By making environmental rights fundamental, this amendment could push for stricter enforcement of existing laws and inspire new statutes or regulations that prioritize public health and ecosystem integrity.

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Who cares

Headline styles

Guarantee Clean Air and Water

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Delivered to secretary of state
  4. Returned to senate
  5. Passed assembly
  6. Ordered to third reading cal.181
  7. Substituted for A2064
  8. Referred to judiciary
  9. Delivered to assembly
  10. Passed senateVote 45–17
  11. Opinion referred to judiciary
  12. Advanced to third reading
Show 4 earlier actions
  1. 2nd report cal.
  2. 1st report cal.140
  3. To attorney-general for opinion
  4. 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.

A2064Assembly

Guarantee Clean Air and Water

Assembly Floor Calendar · Sponsor Steven Englebright

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2072

2019-2020 Regular Sessions

IN SENATE

January 22, 2019

Introduced by Sens. CARLUCCI, ADDABBO, BAILEY, BRESLIN, BROOKS, HOYLMAN, KAMINSKY, KRUEGER, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY -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.

LBD89064-01-9

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 York- ers.

Prior legislative history

2017-18: S5287/A6279 - AG OPINION REFERRED TO JUDICIARY/passed assembly

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.