HOUSE JOINT RESOLUTION 4
56th legislature - STATE OF NEW MEXICO - first session, 2023
Joanne J. Ferrary and Antoinette Sedillo Lopez and Patricia Roybal Caballero and Tara L. Lujan and Pamelya Herndon
FOR THE RADIOACTIVE AND HAZARDOUS MATERIALS COMMITTEE
A JOINT RESOLUTION
PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO BY ADDING A NEW SECTION OF ARTICLE 2 THAT PROVIDES THE PEOPLE OF THE STATE WITH ENVIRONMENTAL RIGHTS, INCLUDING THE RIGHT TO CLEAN AND HEALTHY AIR, WATER, SOIL AND ENVIRONMENTS, A STABLE CLIMATE AND SELF-SUSTAINING ECOSYSTEMS, AND DIRECTS THE STATE, COUNTIES AND MUNICIPALITIES TO SERVE AS TRUSTEES OF THE NATURAL RESOURCES OF NEW MEXICO FOR THE BENEFIT OF ALL THE PEOPLE AND BY REPEALING THE CURRENT POLLUTION CONTROL PROVISIONS OF ARTICLE 20, SECTION 21.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 2 of the constitution of New Mexico by adding a new section to read:
"A. The people of the state shall be entitled to clean and healthy air, water, soil and environments; a stable climate; and self-sustaining ecosystems, for the benefit of public health, safety and general welfare. The state shall protect these rights equitably for all people regardless of race, ethnicity, tribal membership status, gender, socioeconomic status or geography.
B. The state, counties and municipalities shall serve as trustees of the natural resources of New Mexico and shall conserve, protect and maintain these resources for the benefit of all the people, including present and future generations.
C. The provisions of this section are self-executing. Monetary damages shall not be awarded for a violation of this section. This section is enforceable against the state, counties and municipalities."
SECTION 2. It is proposed to amend Article 20 of the constitution of New Mexico by repealing Section 21.
SECTION 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
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