HOUSE BILL REPORT

HJR 4226

BYRepresentatives Rust, D. Sommers, Valle, Walker, Phillips, Sprenkle, Pruitt, G. Fisher, Brekke, Anderson, Ferguson and Nelson

Amending the Constitution to establish environmental rights.

House Committe on Environmental Affairs

Majority Report:  Do pass as amended.  (12)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle, Van Luven and Walker.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS

FEBRUARY 2, 1990

BACKGROUND:

Washington state's constitution contains no provisions explicitly granting rights to any particular kind of environment. However, some provisions do prohibit the state from giving, selling, or leasing state waters beyond the harbor lines.  Also, the constitution makes the use of water for irrigation, mining, and manufacturing a public use.

A number of states have adopted amendments to their constitutions to provide explicit recognition of environmental rights.  Some of these provisions are general in scope, with a statement only that the people of the state have a right to a healthful environment. At the other end of the spectrum, some states have set out specific environmental rights.

SUMMARY:

RESOLUTION AS AMENDED:  The state constitution is amended to give every person a right to a clean and healthful environment.  It is a vital duty of each level of government in this state to protect, maintain, and restore the natural ecosystem of which it is a part.  The Legislature is required to provide for implementation of these rights and duties and to provide ample funding for the administration of environmental laws.

AMENDED RESOLUTION COMPARED TO ORIGINAL:  The amended bill provides that it is a vital duty, rather than a paramount duty, of government to protect the environment.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Nancy Malmgren, People for Environmental Bill of Rights; David McCloskey; Judy Lantor, Washington Environmental Council; Alex Philp; and James Riley, People for Environmental Bill of Rights.

House Committee - Testified Against:      Peggy Frost.

House Committee - Testimony For:    An environmental bill of rights complements the other individual rights already included in the constitution.  This amendment will place into the constitution the right the Legislature has provided through the State Environmental Policy Act.

House Committee - Testimony Against:      The amendment does not go far enough in protecting rights to a healthful environment.  Unless a stronger amendment is enacted, it would be better not to adopt any.