senate Bill S2798

2021-2022 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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2021 referred to environmental conservation

Co-Sponsors

S2798 (ACTIVE) - Details

See Assembly Version of this Bill:
A3510
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §8-0119, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1635, A3423, A9480
2011-2012: S4618, A3279
2013-2014: S675, A7155
2015-2016: S885, A4949
2017-2018: S1540, A3386
2019-2020: S7548, A7971

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.

S2798 (ACTIVE) - Sponsor Memo

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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