Assembly Bill A6313

2019-2020 Legislative Session

Relates to creating a Lake Erie bill of rights

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A6313 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 17 Title 23 §§17-2301 - 17-2303, §71-1947, En Con L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3604
2023-2024: A4344

2019-A6313 (ACTIVE) - Summary

Creates a Lake Erie bill of rights.

2019-A6313 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6313
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   creating a Lake Erie bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 17 of the environmental conservation law is amended
 by adding a new title 23 to read as follows:
                                 TITLE 23
                         LAKE ERIE BILL OF RIGHTS
 SECTION 17-2301. DECLARATION OF RIGHTS.
         17-2303. VIOLATIONS.
 § 17-2301.  DECLARATION OF RIGHTS.
   1. RIGHTS OF LAKE  ERIE  ECOSYSTEM.  LAKE  ERIE,  AND  THE  LAKE  ERIE
 WATERSHED,  SHALL  POSSESS  THE  RIGHT TO EXIST, FLOURISH, AND NATURALLY
 EVOLVE.  THE  LAKE  ERIE  ECOSYSTEM  SHALL  INCLUDE  ALL  NATURAL  WATER
 FEATURES,  COMMUNITIES  OF  ORGANISMS,  SOIL  AS WELL AS TERRESTRIAL AND
 AQUATIC SUB ECOSYSTEMS THAT ARE PART OF LAKE ERIE AND ITS WATERSHED.
   2. RIGHT TO A CLEAN AND HEALTHY ENVIRONMENT. THE PEOPLE OF  THE  STATE
 OF  NEW YORK SHALL POSSESS THE RIGHT TO A CLEAN AND HEALTHY ENVIRONMENT,
 WHICH SHALL INCLUDE THE RIGHT TO A CLEAN AND HEALTHY LAKE ERIE AND  LAKE
 ERIE ECOSYSTEM.
   3. RIGHTS AS SELF-EXECUTING. ALL RIGHTS SECURED BY THIS TITLE SHALL BE
 INHERENT,  FUNDAMENTAL, AND UNALIENABLE, AND SHALL BE SELF-EXECUTING AND
 ENFORCEABLE AGAINST BOTH PRIVATE AND PUBLIC SECTORS.
 § 17-2303. VIOLATIONS.
   1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO VIOLATE  THE  RIGHTS  RECOG-
 NIZED AND SECURED BY THIS TITLE.
   2.  NO  PERMIT,  LICENSE,  PRIVILEGE,  CHARTER, OR OTHER AUTHORIZATION
 ISSUED TO A PERSON BY ANY GOVERNMENTAL ENTITY  THAT  WOULD  VIOLATE  THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10267-01-9
              

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