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.