Vague NY Environmental Policy Constitutionalized

Associated Press

Despite concerns regarding its vagueness, New York City’s environmental ballot proposal was passed with 69% of the total vote this Tuesday, November 2, during the city’s election day.

The ballot measure was one of five that were voted upon. Among the five, only two were passed. Proposal 2, titled, “Establish Right to Clean Air, Water, and Healthful Environment” passed with approval of 69% of the total vote, receiving 1,904,636 signatures.

Voters were met with a somewhat vague description of the city’s plans to enforce such environmental protocols. The proposal’s ballot summary read, “The purpose of this proposal is to protect public health and the environment by adding the right of each person to clean air and water and a healthful environment to the Bill of Rights in Article I of the New York Constitution.”

“I voted yes on the ballot proposal,” said voter Eren Ucar, “I think it’s pretty much common sense. I think it’s a thing that should be a human right for most people, and sadly in New York you don’t always get that.”

Ucar also recognized the vagueness of the ballot proposal while voting, saying “the language and the wording of the ballot proposal was unexpectedly not very technical and government type. I could easily see New Yorkers not being able to grasp what the ballot proposal is asking for.”

The vagueness of the ballot proposal has been the primary opposition stance of constitutional amendment which has followed it throughout its path to the ballot. Prior to reaching the ballot, such concerns arose during the amendment’s approval by New York’s 204th State Legislature on January 12.

“I’m all for clean air and clean water. Who isn’t?” said Republican State Senator Dan Stec, to the Senate floor on the day of the vote. “But in the face of ambiguity, you will have lawsuits, you will have costs, and I’m trying to avoid that.”

The Senate voted 48 to 14 to pass the constitutional amendment. Democrats unanimously voted to pass the legislation along with six Republicans. Fourteen Republicans voted against referring the amendment to the ballot.

Following Tuesday’s election, the measure added Section 19 to Article I of the New York Constitution. The section reads, “Each person shall have a right to clean air and water, and a healthful environment.”

New York is not the first state to amend environmental rights. In 1971, Pennsylvania became the first state to establish a state constitutional right to clean air and water. As of 2021, at least six states have amended language similar to Proposal 2, which include: Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. 

Among other issues voters decided upon on Tuesday was the election of Eric Adams as the new mayor of New York City. Adams won the city’s mayoral election, obtaining 66% of the vote, claiming possession of the majority vote in four of the five boroughs.

Adams has not yet commented on the ballot proposal, but has promised to uphold acquisition of environmental milestones throughout his campaign. 

In Adams’ 17-step plan, titled “A Greener City, A Brighter Future,” he identifies methods he would take to upscale New York City’s public health systems and standards for quality of life. The mayor-elect mentions plans to introduce solar and wind power, doubling down on greener modes of transportation, and increasing investment in battery storage to reduce emissions caused by fossil-fueled powered “peaker plants.” Fulfilling such goals should be enough to satisfy the vague language of the ballot proposals.

Even despite the passing of such vagueness, voters like Ucar stay optimistic and are ready for Adams’ new leadership, having faith that he’ll keep his promises to change their city for the better.

“He just has that New York attitude.”