assembly Bill A7971

2019-2020 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2020 advanced to third reading cal.462
Mar 03, 2020 reported
Feb 25, 2020 reported referred to codes
Jan 08, 2020 referred to environmental conservation
May 29, 2019 referred to environmental conservation

Co-Sponsors

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A7971 (ACTIVE) - Details

See Senate Version of this Bill:
S7548
Law Section:
Environmental Conservation Law
Laws Affected:
Add §8-0119, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3423, A9480, S1635
2011-2012: A3279, S4618
2013-2014: A7155, S675
2015-2016: A4949, S885
2017-2018: A3386, S1540
2021-2022: A3510, S2798

A7971 (ACTIVE) - Summary

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.

A7971 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7971

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2019
                               ___________

Introduced  by  M. of A. O'DONNELL, ENGLEBRIGHT, PAULIN, LIFTON, COLTON,
  GOTTFRIED, ABINANTI, PEOPLES-STOKES, STECK -- Multi-Sponsored by -- M.
  of A. COOK, DINOWITZ, GALEF, GLICK, PERRY, THIELE  --  read  once  and
  referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  enacting the environmental access to justice act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "environ-
mental access to justice act".
  § 2. The environmental conservation law is amended  by  adding  a  new
section 8-0119 to read as follows:
§ 8-0119. STANDING.
  IF A PERSON INSTITUTES A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL  PRACTICE  LAW AND RULES ALLEGING VIOLATIONS OF THIS ARTICLE, SUCH
PERSON SHALL NOT BE DENIED STANDING SOLELY ON THE GROUNDS THAT THE INJU-
RY ALLEGED BY SUCH PERSON DOES NOT DIFFER IN KIND  OR  DEGREE  FROM  THE
INJURY THAT WOULD BE SUFFERED BY THE PUBLIC AT LARGE.
  § 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11991-01-9