Senate Bill S3206

                                 
BILL NUMBER: S3206

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 PROVISIONS:

Section one of the bill creates the short title, "Environmental.  Access
to Justice Act," for use in reference and citation to this bill.

              

Section two amends the environmental conservation law by adding a new
section 8-0119 that 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.

Section three sets forth the effective date.

 
JUSTIFICATION:

Under current case law individuals can be effectively barred from bring-
ing legal 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.
Society of the Plastics Industry v. County of Suffolk, 77 N.Y. 2d 761
(1991).

In 2009 the Court of Appeals modified, but did not eliminate, the stand-
ing rule that requires a petitioner to plead and prove injury that is
different from that faced by most members of the public. Save the Pine
Bush v. Common Council of the City of Albany, 13 N.Y. 3d 297 (2009).
Individuals who may suffer harm from such violations of the environ-
mental conservation law should not be denied the right to have their
cases heard. This bill would enable individuals to bring actions based
on such harms.

 
PRIOR LEGISLATIVE HISTORY:

2024: S567 (Kavanagh) REFERRED TO ENVIRONMENTAL CONSERVATION /A4287
(O'Donnell) - referred to environmental conservation

2023: S567 (Kavanagh) REFERRED TO ENVIRONMENTAL CONSERVATION /A4287
(O'Donnell) - referred to environmental conservation


2022: S2798 (Kavanagh) (O'Donnell) - advanced-REFERRED TO ENVIRONMENTAL
CONSERVATION /A3510 to third reading cal.590

2021: S2798 (Kavanagh) (O'Donnell) - referred-REFERRED TO ENVIRONMENTAL
CONSERVATION /A3510 to environmental conservation

2020: S7548 (Kavanagh) (O'Donnell) - advanced-REFERRED TO ENVIRONMENTAL
CONSERVATION /A7971 to third reading cal.462

2019: A7941 (O'Donnell) - referred to environmental conservation

2018: S1540 (Avella) - REFERRED TO ENVIRONMENTAL CONSERVATION /A3386
(O'Donnell) - referred to environmental conservation

2017: S1540 (Avella) - REFERRED TO ENVIRONMENTAL CONSERVATION /A3386
(O'Donnell) - referred to environmental conservation

2016: S885 (Avella) - REFERRED TO ENVIRONMENTAL CONSERVATION /A4949
(O'Donnell) - referred to environmental conservation

2015: S885 (Avella) - REFERRED TO ENVIRONMENTAL CONSERVATION /A4949
(O'Donnell) - referred to environmental conservation

2014: S675 (Avella) - REFERRED TO ENVIRONMENTAL CONSERVATION /A7155
(O'Donnell) - advanced to third reading cal.538 2013: S675 (Avella) -
REFERRED TO ENVIRONMENTAL CONSERVATION /A7155 (O'Donnell) - reported
referred to codes

2012: S4818 (Avella) - REFERRED TO ENVIRONMENTAL CONSERVATION /A3279
(Sweeney) -referred to environmental conservation

2011: S4818 (Avella) - REFERRED TO ENVIRONMENTAL CONSERVATION /A3279
(Sweeney) -referred to environmental conservation

2010: S1635 (Thompson) - LOST /A9480 (Sweeney) - passed assembly

 
FISCAL IMPLICATIONS:

None to state and local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.