Bill Text: NJ SCR43 | 2024-2025 | Regular Session | Amended

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Bill Title: Proposes constitutional amendment to make State trustee of public natural resources and guarantee to the people other environmental rights.

Spectrum: Moderate Partisan Bill (Democrat 16-2)

Status: (Introduced) 2024-03-14 - Referred to Senate Budget and Appropriations Committee [SCR43 Detail]

Download: New_Jersey-2024-SCR43-Amended.html

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[First Reprint]

SENATE CONCURRENT RESOLUTION No. 43

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 

 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

Co-Sponsored by:

Senators Vitale, Cruz-Perez, Diegnan, Turner, Gopal, Singer, Ruiz, Lagana, Schepisi, Bramnick, Johnson, Pou, Burgess, McKeon, McKnight, Mukherji and Timberlake

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to make State trustee of public natural resources and guarantee to the people other environmental rights.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on March 14, 2024, with amendments.

  

A Concurrent Resolution proposing to amend Article I of the New Jersey Constitution by adding a new paragraph.

 

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article I by adding a new paragraph 24 to read as follows:

     24.  (a) Every person has a right to a clean and healthy environment, including pure water, clean air, ¹a safe climate,¹ and ecologically healthy habitats, and to the preservation of the natural ¹[,] and¹ scenic ¹[, historic, and esthetic]¹ qualities of the environment.  The State shall not infringe upon these rights ¹[, by action or inaction]¹.

     (b)   The State's ¹[public]¹ natural resources, among them its waters, air, flora, fauna, climate, and public lands, are the common property of all the people, including both present and future generations.  The State shall serve as trustee of these resources, and shall conserve and maintain them for the benefit of all people.

     (c)   This paragraph and the rights stated herein are (1) self-executing, and (2) shall be in addition to any rights conferred by the public trust doctrine or common law.  ¹Nothing in this paragraph shall abrogate the applicable Rules of Court that prohibit the filing of frivolous claims.¹ 

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO ENSURE THE PEOPLE'S ENVIRONMENTAL RIGHTS
	YES	Do you approve amending the Constitution to grant every person the right to a clean and healthy environment?  The amendment would also require the State to protect 1[public] its1 natural resources.
		INTERPRETIVE STATEMENT
	NO	This amendment provides that every person has a constitutional right to a clean environment.  This includes the right to clean air, pure water, 1a safe climate,1 and healthy habitats.   The amendment would 1also1 require the State to 1[preserve public] conserve and maintain its1 natural resources 1for the benefit of all people1.  1[The State would also be required to prevent others from destroying or damaging public natural resources.]1

 

SCHEDULE

 

     This constitutional amendment shall become part of the Constitution on March 1 next following the general election at which it is approved by the voters.