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NY A03420
Bill
Status
1/27/2009
Primary Sponsor
Thomas Alfano
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AI Summary
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Establishes the "New York State Public Health Protection Act" implementing a precautionary approach to environmental and health decision-making where lack of full scientific certainty cannot justify postponing protective measures when credible evidence of harm exists.
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Amends Environmental Conservation Law to establish state policy that threats to human health or environment require precautionary action regardless of incomplete scientific proof about cause and effect.
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Creates a 17-member Precautionary Policy Planning Council (7 appointed by Governor including Environmental Conservation, Health, and Economic Development Commissioners; 5 by Senate President; 5 by Assembly Speaker) to provide guidance, monitor compliance, and report biannually to the Governor and Legislature.
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Requires state and local agencies to issue written findings that proposed actions are consistent with five precautionary criteria: anticipatory action, right to know, alternatives assessment, full-cost accounting, and participatory decision processes; agencies must justify any actions that cannot meet these criteria.
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Directs the Council to develop guidelines defining "credible evidence of threat of harm" including well-established independent scientific evidence, emerging scientific evidence, animal studies, epidemiological evidence, and verifiable observations by workers and community residents.
Legislative Description
An act to amend the environmental conservation law and the executive law, in relation to establishing the New York state public health protection act
Last Action
held for consideration in ways and means
7/1/2010