NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1368
SPONSOR: Englebright 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 and to protect the overall health of the people and the environment.
PRIOR LEGISLATIVE HISTORY:
2019: A.2064 (Englebright) - Passed the Assembly and Senate.
2017: A.6279 (Englebright) - Passed the Assembly.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Resolved, That if the foregoing amendment be submitted to the people for
approval at the general election to be held in the year 2021 in accord-
ance with the provisions of the election law.
STATE OF NEW YORK
________________________________________________________________________
1368
2021-2022 Regular Sessions
IN ASSEMBLY
January 8, 2021
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
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
1 Section 1. Resolved (if the Senate concur), That article 1 of the
2 constitution be amended by adding a new section 19 to read as follows:
3 § 19. Environmental rights. Each person shall have a right to clean
4 air and water, and a healthful environment.
5 § 2. Resolved (if the Senate concur), That the foregoing amendment be
6 submitted to the people for approval at the general election to be held
7 in the year 2021 in accordance with the provisions of the election law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89076-01-1
