S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5156--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 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 and State Waters 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 AND STATE WATERS 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,  AS  WELL AS THE WATERSHEDS AND ECOSYSTEMS THROUGHOUT THE STATE OF
 NEW YORK, 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,  AS  WELL AS THE WATERSHEDS AND
 ECOSYSTEMS THROUGHOUT THE STATE OF NEW YORK, SHALL INCLUDE  ALL  NATURAL
 WATER  FEATURES,  COMMUNITIES  OF  ORGANISMS, SOIL, AQUIFERS, 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 AND WATERSHED  WITHIN  THE
 STATE  OF  NEW YORK SHALL POSSESS THE RIGHT TO A CLEAN AND HEALTHY ENVI-
 RONMENT, 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
                       [ ] is old law to be omitted.
                                                            LBD07022-03-5
              
             
                          
                 A. 5156--A                          2
 
   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, AS WELL AS THE
 WATERSHEDS  AND  ECOSYSTEMS  THROUGHOUT  THE  STATE  OF  NEW YORK, SHALL
 POSSESS  A  FUNDAMENTAL  AND UNALIENABLE RIGHT TO THE INTEGRITY OF THEIR
 BODIES, ECOSYSTEMS AND PHYSICAL ASPECTS, AND TO BE FREE FROM TOXIC TRES-
 PASS UPON OR WITHIN THEM; THEREFORE, THE RIGHT TO  BE  FREE  FROM  TOXIC
 TRESPASS  SHALL  NOT  BE VIOLATED. AS USED HEREIN, THE TERM "TOXIC TRES-
 PASS" 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  AND  THE
 WATERSHEDS AND ECOSYSTEMS THROUGHOUT THE STATE OF NEW YORK SHALL POSSESS
 THE UNALIENABLE AND FUNDAMENTAL RIGHTS NOT BE OWNED, PRIVATIZED OR MONE-
 TIZED. 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, THE WATERSHEDS AND
 ECOSYSTEMS THROUGHOUT THE STATE OF NEW YORK, 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, EXCEPTING FOR LOCAL  LAWS  ENACTED  TO
 ADOPT SUCH RIGHTS LOCALLY, WHICH SHALL BE ENFORCEABLE LOCALLY.
   3.  ANY PERSON, BUSINESS ENTITY OR GOVERNMENT AGENCY ENGAGED IN ACTIV-
 ITIES THAT VIOLATE THE RIGHTS OF  THE  GREAT  LAKES  ECOSYSTEM  AND  THE
 WATERSHEDS  AND  ECOSYSTEMS THROUGHOUT THE STATE OF NEW YORK, 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 THE WATERSHEDS AND ECOSYSTEMS  THROUGHOUT  THE
 STATE  OF  NEW YORK AND THEIR 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.
 A. 5156--A                          3
 
   4. THE MUNICIPALITIES AND COUNTIES OF THE  STATE  OF  NEW  YORK  SHALL
 POSSESS  LEGAL  AUTHORITY  TO  ENACT AND ENFORCE LAWS THAT PROTECT THEIR
 LOCAL ECOSYSTEMS BY  ASSERTING  FOR  THEM  THE  SAME  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.
   5. (A) CERTAIN LOCAL LAWS ADOPTED PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION SHALL NOT BE SUBJECT TO PREEMPTION BY LOCAL OR STATE LAWS OR THE
 STATE CONSTITUTION, PROVIDED THAT:
   (I) SUCH LOCAL LAWS DO NOT  RESTRICT  FUNDAMENTAL  RIGHTS  OF  NATURAL
 PERSONS,  THEIR  LOCAL  COMMUNITIES,  OR  ECOSYSTEMS SECURED BY LOCAL OR
 STATE LAW OR THE STATE CONSTITUTION; AND
   (II) SUCH LOCAL LAWS DO NOT WEAKEN PROTECTIONS  FOR  NATURAL  PERSONS,
 THEIR LOCAL COMMUNITIES, OR ECOSYSTEMS PROVIDED BY LOCAL OR STATE LAW OR
 THE STATE CONSTITUTION.
   (B)    ALL  TREATY  RESERVED  RIGHTS  TO HUNT, FISH AND GATHER ARE NOT
 SUBJECT TO ENFORCEMENT ACTIONS BY MUNICIPALITIES, COUNTIES OR THE  STATE
 UNDER THIS SECTION OR ANY LOCAL LAW ADOPTED THEREUNDER.
   § 3. This act shall take effect immediately.