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.