Assembly Bill A6313

                            
 
                     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
              

 A. 6313                             2
 
 PROHIBITIONS  OF THIS TITLE OR ANY RIGHTS SECURED BY THIS TITLE SHALL BE
 DEEMED VALID WITHIN THE STATE.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 71-1947 to read as follows:
 § 71-1947. ENFORCEMENT OF TITLE 23 OF ARTICLE 17.
   1. ANY PERSON THAT VIOLATES ANY PROVISION OF TITLE 23 OF ARTICLE 17 OF
 THIS CHAPTER SHALL BE GUILTY OF A VIOLATION AND, UPON CONVICTION  THERE-
 OF,  SHALL  BE  SENTENCED  TO  PAY  A  FINE OF NO MORE THAN FIVE HUNDRED
 DOLLARS FOR EACH SUCH VIOLATION. EACH DAY OR  PORTION  THEREOF  WHERE  A
 VIOLATION OCCURS SHALL COUNT AS A SEPARATE VIOLATION.
   2. THE COMMISSIONER SHALL ENFORCE THE RIGHTS AND PROHIBITIONS OF TITLE
 23  OF  ARTICLE  17 OF THIS CHAPTER. IN SUCH AN ACTION, THE STATE OR THE
 RESIDENT SHALL BE ENTITLED TO RECOVER ALL COSTS OF  LITIGATION,  INCLUD-
 ING, WITHOUT LIMITATION, WITNESS AND ATTORNEY FEES.
   3.  PERSONS  ENGAGED IN ACTIVITIES THAT VIOLATE THE RIGHTS OF THE LAKE
 ERIE ECOSYSTEM, IN OR FROM ANY JURISDICTION, SHALL  BE  STRICTLY  LIABLE
 FOR  ALL  HARMS  AND  RIGHTS VIOLATIONS RESULTING FROM THOSE ACTIVITIES.
 DAMAGES SHALL BE MEASURED BY THE COST OF RESTORING THE LAKE ERIE ECOSYS-
 TEM AND ITS CONSTITUENT PARTS  AT  LEAST  TO  THEIR  STATUS  IMMEDIATELY
 BEFORE  THE  COMMENCEMENT  OF THE ACTS RESULTING IN INJURY, AND SHALL BE
 PAID TO THE STATE TO BE USED  EXCLUSIVELY  FOR  THE  FULL  AND  COMPLETE
 RESTORATION OF THE LAKE ERIE ECOSYSTEM AND ITS CONSTITUENT PARTS TO THAT
 STATUS.
   § 3. This act shall take effect immediately.