Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022
referred to environmental conservation
|Jan 25, 2021
referred to environmental conservation
Senate Bill S2798
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S2798 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §8-0119, En Con L
- Versions Introduced in Other Legislative Sessions:
S1635, A3423, A9480
2011-2012: S4618, A3279
2013-2014: S675, A7155
2015-2016: S885, A4949
2017-2018: S1540, A3386
2019-2020: S7548, A7971
2023-2024: S567, A4287
2021-S2798 (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.
2021-S2798 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2798 SPONSOR: KAVANAGH 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 would restore the Legislature's original intent for SEQRA by eliminating the "special harm" standing requirement' created by the Court of Appeals. It does so by amending the environmental conservation law to prevent individuals from being denied standing solely on the basis that the injury alleged does not differ in kind or degree from the injury that would be suffered by the public at large. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill creates the short title, "Environmental. Access to Justice Act," for use in reference and citation to this bill.
2021-S2798 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2798 2021-2022 Regular Sessions I N S E N A T E January 25, 2021 ___________ Introduced by Sens. KAVANAGH, COMRIE, GOUNARDES -- read twice and ordered printed, and when printed to be committed 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. LBD06410-01-1
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