The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3604
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 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.
                                                            LBD07420-01-1

 A. 3604                             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.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3604--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Environmental Conservation -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   creating the Great Lakes 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
                        GREAT LAKES BILL OF RIGHTS
 SECTION 17-2301. DECLARATION OF RIGHTS.
         17-2303. VIOLATIONS.
 § 17-2301. DECLARATION OF RIGHTS.
   1.  RIGHTS  OF  THE  GREAT LAKES ECOSYSTEM.   THE GREAT LAKES, AND THE
 WATERSHEDS THAT DRAIN INTO THE GREAT LAKES AND  THEIR  CONNECTING  CHAN-
 NELS,  SHALL  POSSESS  THE  UNALIENABLE AND FUNDAMENTAL RIGHTS TO EXIST,
 PERSIST, FLOURISH, NATURALLY  EVOLVE,  REGENERATE  AND  BE  RESTORED  BY
 CULPABLE  PARTIES, FREE FROM HUMAN VIOLATIONS OF THESE RIGHTS AND ENCUM-
 BERED BY LEGAL PRIVILEGES VESTED IN PROPERTY, INCLUDING CORPORATE  PROP-
 ERTY.  THE  GREAT  LAKES  ECOSYSTEM  SHALL  INCLUDE  ALL  NATURAL  WATER
 FEATURES, COMMUNITIES OF ORGANISMS, SOIL  AS  WELL  AS  TERRESTRIAL  AND
 AQUATIC  SUB  ECOSYSTEMS  THAT  ARE  PART  OF  THE GREAT LAKES AND THEIR
 WATERSHEDS AND CONNECTING CHANNELS.
   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 CLEAN AND HEALTHY GREAT LAKES  AND  THE
 GREAT LAKES ECOSYSTEM.
   3.  RIGHT  TO  FREEDOM FROM TOXIC TRESPASS. THE PEOPLE OF THE STATE OF
 NEW YORK, AS WELL AS THE GREAT LAKES ECOSYSTEM, AND THE WATERSHEDS  THAT
 DRAIN  INTO THE GREAT LAKES AND THEIR CONNECTING CHANNELS, SHALL POSSESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07420-04-1

 A. 3604--A                          2
 
 A FUNDAMENTAL AND UNALIENABLE RIGHT TO THE INTEGRITY  OF  THEIR  BODIES,
 ECOSYSTEMS AND PHYSICAL ASPECTS, AND TO BE FREE FROM TOXIC TRESPASS UPON
 OR  WITHIN  THEM;  THEREFORE,  THE  RIGHT TO BE FREE FROM TOXIC TRESPASS
 SHALL  NOT  BE VIOLATED. AS USED HEREIN, THE TERM "TOXIC TRESPASS" SHALL
 MEAN THE INTENTIONAL, UNWITTING, INVOLUNTARY OR NEGLECTFUL DEPOSITION OF
 TOXIC OR POTENTIALLY TOXIC SUBSTANCES WITHIN A HUMAN OR  NON-HUMAN  BODY
 OR ECOSYSTEM.
   4. RIGHT TO FREEDOM FROM MONETIZATION. THE GREAT LAKES ECOSYSTEM SHALL
 POSSESS  THE UNALIENABLE AND FUNDAMENTAL RIGHTS NOT BE OWNED, PRIVATIZED
 OR MONETIZED. THESE RIGHTS SHALL INCLUDE EMANCIPATION FROM ALL CLAIMS OF
 VESTED PROPERTY RIGHTS TO THE EXTENT THAT SUCH RIGHTS PURPORT  TO  ALLOW
 THE  VIOLATION  OF THE RIGHTS OF THE GREAT LAKES ECOSYSTEM OR THE PEOPLE
 OF THE STATE OF NEW YORK. PROHIBITED MONETIZATION  OF  THE  GREAT  LAKES
 ECOSYSTEM  SHALL  INCLUDE BUT NOT BE LIMITED TO, CARBON TRADING, NATURAL
 ASSET COMPANIES, ECOSYSTEM SERVICES, AND PATENTING OF LIFE FORMS.
   5. 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 OR BUSINESS ENTITY BY ANY GOVERNMENTAL ENTITY THAT
 WOULD VIOLATE THE 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, BUSINESS ENTITY OR GOVERNMENT AGENCY THAT VIOLATES  ANY
 PROVISION OF TITLE 23 OF ARTICLE 17 OF THIS CHAPTER SHALL BE GUILTY OF A
 VIOLATION AND, UPON CONVICTION THEREOF, 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.  NATURAL PERSONS AND COMMUNITIES OF
 PEOPLE LIVING WITHIN THE GREAT LAKES ECOSYSTEM SHALL  ALSO  POSSESS  THE
 RIGHT  AND  AUTHORITY TO ENFORCE THE RIGHTS OF THE GREAT LAKES ECOSYSTEM
 THROUGH AN ACTION IN EQUITY BROUGHT IN  THE  NAME  OF  THE  GREAT  LAKES
 ECOSYSTEM. IN SUCH AN ACTION, THE STATE, OR THE HUMAN PLAINTIFF SHALL BE
 ENTITLED  TO RECOVER ALL COSTS OF LITIGATION, INCLUDING, WITHOUT LIMITA-
 TION, WITNESS AND ATTORNEY FEES, SEVERALLY  AND  JOINTLY  FROM  CULPABLE
 PARTIES.
   3.  ANY PERSON, BUSINESS ENTITY OR GOVERNMENT AGENCY ENGAGED IN ACTIV-
 ITIES THAT VIOLATE THE RIGHTS OF THE GREAT LAKES  ECOSYSTEM,  REGARDLESS
 OF THE JURISDICTION IN WHICH SUCH ACTIVITY TAKES PLACE, SHALL BE STRICT-
 LY  LIABLE  FOR  ALL  HARMS  AND  RIGHTS VIOLATIONS RESULTING FROM THOSE
 ACTIVITIES.  DAMAGES SHALL BE MEASURED BY  THE  COST  OF  RESTORING  THE
 GREAT LAKES ECOSYSTEM 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 AND WITHOUT EXCEPTION
 FOR THE FULL AND COMPLETE RESTORATION OF THE GREAT LAKES  ECOSYSTEM  AND
 ITS CONSTITUENT PARTS TO THAT STATUS.
   4.  THE  MUNICIPALITIES  AND  COUNTIES  OF THE STATE OF NEW YORK SHALL
 POSSESS LEGAL AUTHORITY TO ENACT  AND  ENFORCE  LAWS  THAT  PROTECT  THE
 RIGHTS  AND  OTHER PROVISIONS OF TITLE 23 OF ARTICLE 17 OF THIS CHAPTER,
 A. 3604--A                          3
 
 INCLUDING BUT NOT LIMITED TO, REGULATIONS AND  PROHIBITIONS,  FREE  FROM
 STATE  PREEMPTION  OR  CHALLENGE BY THE ASSERTION OF COMPETING RIGHTS OF
 CORPORATIONS.
   § 3. This act shall take effect immediately.