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NY A03276
Bill
Status
1/24/2011
Primary Sponsor
Robert Sweeney
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AI Summary
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Establishes the "New York State Public Health Protection Act" declaring that lack of full scientific certainty shall not prevent state or local government from taking precautionary measures to protect public health or the environment when threats of harm exist.
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Implements five precautionary criteria for agency decision-making: anticipatory action to prevent harm based on credible evidence, public right-to-know about potential health and environmental impacts, thorough examination of safer alternatives, full-cost accounting including health impacts, and transparent participatory decision processes.
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Requires all state and local agencies to issue written findings demonstrating that proposed actions with significant health or environmental effects are consistent with precautionary criteria to the maximum extent practicable, with justification if criteria cannot be met.
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Creates a 17-member Precautionary Policy Planning Council appointed by the Governor, Senate President, and Assembly Speaker to provide guidance, monitor implementation, recommend improvements, and report biennially to the Governor and Legislature on agency compliance and effectiveness.
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Takes effect 120 days after enactment, with immediate authorization for agencies to develop necessary rules and regulations for implementation.
Legislative Description
Enacts the "New York state public health protection act"; establishes a precautionary policy for the state; establishes criteria to guide implementation of the precautionary policy; creates a precautionary policy planning council.
Last Action
held for consideration in ways and means
6/19/2012