HOUSE ENERGY, ENVIRONMENT AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE JOINT RESOLUTION 2

55th legislature - STATE OF NEW MEXICO - second session, 2022

 

 

 

 

 

 

 

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 ENVIRONMENT, AND DIRECTS THE STATE TO SERVE AS TRUSTEE 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 environment; a stable climate; and self-sustaining ecosystems, for the benefit of public health, safety and general welfare. The state, including its political subdivisions, shall serve as trustee of these resources and shall conserve, protect and maintain them for the benefit of all the people, including present and future generations.

          B. The provisions of this section are self-executing. Monetary damages shall not be awarded for a violation of this section."

     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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