Tuesday, April 9, 2019

Legislators, Advocates Call for Green Amendment in NY State’s Constitution


Albany – Today, Environmental Advocates of New York, legislative leaders, and advocates, called for an amendment to the State Constitution that would guarantee New Yorkers a right to clean air and water. Comprised of 15 words, this ‘Green Amendment’ would amend Article 1 of the State Constitution to include: “Each person shall have a right to clean air and water, and a healthful environment.”

Additionally, 90 advocate groups have called on the state Legislature to support the bill. A letter in support released today states that the amendment, “will drive better government decision-making at all levels of government and will prevent situations or conditions in which water becomes too polluted, air too dirty, land too contaminated, and natural landscapes too decimated to support healthy lives, including a healthy economy.”

New York’s Green Amendment (A.2064/S.2072) is sponsored by Assemblyman Steve Englebright and Senator David Carlucci. The amendment has passed in the Assembly for the past two years, but has not yet receive a vote in the Senate. In order for the New York State Constitution to be amended, the amendment must be passed by both the Assembly and Senate in two consecutive legislative sessions. It must then pass a statewide voter referendum.

Forty-three states have some form of expression of environmental values in their Constitutions; but only Montana and Pennsylvania have recognized protecting environmental rights as an inalienable right, putting environmental rights on par with other political and civil liberties. In a 2016 report, the New York State Bar Association noted that “several other states, such as Pennsylvania, and 174 nations, have adopted and implemented constitutional ‘environmental rights,’” adding that Article 14 of the New York State Constitution, the Forever Wild clause, does not include such protections.
 
“Our state’s constitution must be brought into the 21st century and guarantee every New Yorker the basic and fundamental rights to clean air, water and a healthful environment. Our state’s constitution has protections to worship, assemble and even play bingo. It’s time environmental protections be there too for our residents,” said David Carlucci Chairman of Committee on Mental Health and Developmental Disabilities and bill sponsor.

“This measure is beautiful in its simplicity, a Constitutional amendment to ensure that clean air and water and a healthful environment are treated as fundamental rights that protect the overall health of the people and the environment,” said Steve Englebright, Assembly Environmental Conservation Committee Chair and bill sponsor.

Source: EANY

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