HJR 2 ENVIRONMENTAL RIGHTS, CA

Rep Joanne Ferrary

Actions: HPREF [2] HENRC/HJC-HENRC [6] DNP-CS/DP-HJC API.

Scheduled: Not Scheduled

 House Joint Resolution 0002 (HJR 2) proposes to amend the NM Constitution by adding a new section to Article 2 that provides the people of the state with environmental rights and directs the state to protect environmental resources for the benefit of all the people. It repeals the current pollution control provisions of Article 20, Section 21 of the NM Constitution.  

 House Joint Resolution 0002 (HJR 2) proposes to amend the NM Constitution by adding a new section of Article 2 (Bill of Rights) that provides the people of the state with environmental rights that include the right to a clean and healthy environment and the right to the preservation of the natural, cultural, scenic and healthful qualities of the environment.

HJR 2 designates the state, including each branch, agency and political subdivision, as trustee of these environmental resources with the responsibility to conserve, protect and maintain these resources for the benefit of all the people, including future generations. It does not require legislative approval or enactments. It prohibits the award of monetary damages under this section.

HJR 2 would repeal the Article 20, Section 21 of the NM Constitution which gave the legislature the power to control pollution.

If passed, HJR 2 will be submitted to the people of the state who will approve or reject this proposed amendment at the next general election or at any special election prior to that date that may be called for that purpose
 

 The NM Constitution Article 20, Section 21 designates the legislature as the sole authority to institute this public trust doctrine. It has enacted regulatory provisions that include limitations on who may bring certain actions under the applicable environmental statutes. 
 
 

 The House Energy, Natural Resources Committee introduced a committee substitute for HJR 2 (CS/HJR 2 HENRC). It proposes to amend the NM Constitution by adding a new section to Article 2 that provides the people of the state with an entitlement to clean and healthy air, water, soil and environment; a stable climate; and self-sustaining ecosystems—all for the benefit of public health, safety and general welfare. 

CS/HJR 2 HENRC designates the state, including each branch, agency and political subdivision, as trustee of these environmental resources with the responsibility to conserve, protect and maintain these resources for the benefit of all the people, including future generations. It does not require legislative approval or enactments. It prohibits the award of monetary damages under this section.

CS/HJR 2 HENRC would repeal the Article 20, Section 21 of the NM Constitution which gave the legislature the power to control pollution.

If passed, CS/HJR 2 HENRC will be submitted to the people of the state who will approve or reject this proposed amendment at the next general election or at any special election prior to that date that may be called for that purpose
 

 HJR 2 duplicates SJR 2 and relates to SJM 2, SB 11 and HB 36.
CS/HJR 2 HENRC relates to SJR 2 and HB 36.