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A07971 Summary:

BILL NOA07971
 
SAME ASSAME AS S07548
 
SPONSORO'Donnell (MS)
 
COSPNSREnglebright, Paulin, Lifton, Colton, Gottfried, Abinanti, Peoples-Stokes, Steck, Ortiz, Otis, D'Urso, Jacobson, Mosley, Weprin, Simon
 
MLTSPNSRCook, Dinowitz, Galef, Glick, Perry, Thiele
 
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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A07971 Actions:

BILL NOA07971
 
05/29/2019referred to environmental conservation
01/08/2020referred to environmental conservation
02/25/2020reported referred to codes
03/03/2020reported
03/05/2020advanced to third reading cal.462
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A07971 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7971
 
SPONSOR: O'Donnell (MS)
  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 oy 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 stand- ing 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). 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: 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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