The New York State Assembly is poised to give second passage to a constitutional amendment that says New Yorkers “have a right to clean air and water, and a healthful environment.”
It’s not yet clear when the legislation (A2064) will be up for a vote.
“I don’t have a precise time frame on it, but it is a priority,” bill sponsor and chair of the Assembly Environmental Conservation Committee Steve Englebright told Capital Tonight.
The State Senate has already given the legislation (S2072) second passage, which is required for any constitutional change.
If the Assembly passes the measure, the amendment will appear on the November ballot for voters to approve or reject.
“I think it’s important,” Peter Iwanowicz told Capital Tonight. “It’s an expression of New York values. It also allows people to go to the polls to vote yes or no on the environment.”
Iwanowicz, the former interim DEC Commissioner under Governor David Paterson and current executive director of Environmental Advocates NY, mused that the last time New Yorkers had a chance to vote directly on a broad environmental question was 25 years ago, when the 1996 Environmental Bond Act was on the ballot. It passed.
The so-called “Green Constitutional Amendment” has bipartisan support, though several upstate Republican lawmakers have voted down the legislation, arguing the language in the bill is very broad and could lead to a slew of lawsuits.
The New York Farm Bureau has similar objections. An opposition memo dated April 5, 2019, states, “This legislation would establish a ‘self-executing right’ for each person to have clean air, clean water, and a healthful environment. There already exists many environmental protections under the state and federal law. Adding this ‘self-executing right’ without any corresponding legislation will only bring uncertainty and will not increase environmental protections.”
The opposition memo goes on to state, “This legislation would only add unclear, ambiguous regulation and ultimately have a negative impact on a process that already enforces environmental protections.”
EANY’s Iwanowicz disagrees.
“Some people have bought into the frame that this is going to open up a floodgate of lawsuits, and that’s actually not the case,” Iwanowicz said. “This is about government decisions. It’s really about encouraging better government decision-making.”
When asked how things might be different for communities like Hoosick Falls if such a constitutional amendment were to pass, Iwanowicz said, “Hopefully we wouldn’t be siting water intake valves or building plants next to a water supply.”
When it was pointed out that, currently, there are many communities including Hoosick Falls where such plants exist, Iwanowicz said “We will still have a lot of work to do to deal with the injustices of the past. No doubt about that. But an amendment like this will ensure that there’s less hand-wringing when a problem comes to light. Remember, in Hoosick Falls, they still don’t have a clean water supply.”
“Additionally, people could sue the State Department of Environmental Conservation to compel faster action,” Iwanowicz added.
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The Right to Clean Air & Water Could Be on November Ballot - Spectrum News
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