S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4344
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. BURKE, RIVERA, WALLACE -- read once and referred
   to the Committee on Environmental Conservation
 
 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.
   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.
                                                            LBD03034-01-3
              

 A. 4344                             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.
   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,
 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.