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A03510 Summary:

BILL NOA03510
 
SAME ASSAME AS S02798
 
SPONSORO'Donnell
 
COSPNSREnglebright, Paulin, Colton, Gottfried, Abinanti, Peoples-Stokes, Steck, Jacobson, Weprin, Simon, Kelles, Otis, Thiele, Burdick
 
MLTSPNSRCook, Dinowitz, Galef, Glick, Perry
 
Add §8-0119, En Con L
 
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.
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A03510 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3510
 
SPONSOR: O'Donnell
  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 toe 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. 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 provides that the act shall take effect immediately.   JUSTIFICATION: Under current case law, which alters the original legislative intent of SEQRA, individuals can be effectively barred from bringing 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 standing rule that requires a petitioner to pliad 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). Individ- uals who may suffer harm from such violations of the environmental 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: A.7971 of 2020 (third reading) A.3386 of 2018 (Environmental Conservation) A.4949 of 2016 (Environmental Conservation) A.7155 of 2014 (third reading); A.3279 of 2012 (Environmental Conservation); A.9480 of 2010 (passed Assembly); A.1435 of 2008 (passed Assembly); A.114-A of 2006 (passed Assembly); A.8673 of 2004 (passed Assembly).   FISCAL IMPLICATIONS: None to state and local governments.   EFFECTIVE DATE: This act shall take effect immediately.
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A03510 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3510
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2021
                                       ___________
 
        Introduced  by  M.  of  A. O'DONNELL, ENGLEBRIGHT, PAULIN, COLTON, GOTT-
          FRIED, ABINANTI, PEOPLES-STOKES, STECK,  JACOBSON,  WEPRIN,  SIMON  --
          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:
 
     1    Section  1.  This act shall be known and may be cited as the "environ-
     2  mental access to justice act".
     3    § 2. The environmental conservation law is amended  by  adding  a  new
     4  section 8-0119 to read as follows:
     5  § 8-0119. Standing.
     6    If a person institutes a proceeding under article seventy-eight of the
     7  civil  practice  law and rules alleging violations of this article, such
     8  person shall not be denied standing solely on the grounds that the inju-
     9  ry alleged by such person does not differ in kind  or  degree  from  the
    10  injury that would be suffered by the public at large.
    11    § 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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