Assembly Bill A3604B

2021-2022 Legislative Session

Relates to creating the Great Lakes bill of rights

download bill text pdf

Sponsored By

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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Bill Amendments

2021-A3604 - 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 2021-2022 Legislative Session:
A3604

2021-A3604 - Summary

Creates a Great Lakes bill of rights that declares the right of the Great Lakes to exist, flourish and naturally evolve.

2021-A3604 - Bill Text download pdf 

                            
 
                     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

2021-A3604A - 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 2021-2022 Legislative Session:
A3604

2021-A3604A - Summary

Creates a Great Lakes bill of rights that declares the right of the Great Lakes to exist, flourish and naturally evolve.

2021-A3604A - Bill Text download pdf 

                             
                     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

co-Sponsors

2021-A3604B (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 2021-2022 Legislative Session:
A3604

2021-A3604B (ACTIVE) - Summary

Creates a Great Lakes bill of rights that declares the right of the Great Lakes to exist, flourish and naturally evolve.

2021-A3604B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3604--B
 
                        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 --
   recommitted to the Committee on Environmental Conservation in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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 UNEN-
 CUMBERED BY LEGAL PRIVILEGES VESTED  IN  PROPERTY,  INCLUDING  CORPORATE
 PROPERTY.  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  AND  THE
 NATURAL  ENVIRONMENT,  INCLUDING EACH ECOSYSTEM 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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