REFERENCE TITLE: environment; constitutional amendment

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SCR 1029

Introduced by

Senators Mendez: Hernandez, Miranda, Sundareshan, Terán; Representative Salman

A Concurrent Resolution

proposing an AMENDMENT to the Constitution of Arizona; amending article II, Constitution of Arizona, by adding section 38; relating to the environment.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. Article II, Constitution of Arizona, is proposed to be amended by adding section 38 as follows if approved by the voters and on proclamation of the Governor:

38. Right to clean and healthy environment

Section 38. A. EACH person, including a person in a future generation, HAS the right to a clean and healthy environment, including pure water, clean air, healthy ecosystems and a stable climate, and to the preservation of the natural, cultural, scenic and healthful qualities of the environment.

B. This state's public natural resources, including its waters, air, flora, fauna AND climate, are the common property of all the people, including present and future generations.  This state and its political subdivisions shall do all of the following:

1. Serve as trustees of these resources.

2. Conserve, protect and maintain these resources for the benefit of all the people.

C. The rights prescribed in this section are inherent, inalienable and indefeasible and are among those rights reserved to all the people. THIS STATE MAY NOT INFRINGE ON THESE RIGHTS. This section and the rights prescribed in this section are self-executing.

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.