WEST virginia legislature

2024 regular session

Introduced

House Joint Resolution 23

By Delegate Hansen

[Introduced January 26, 2024; Referred
to the Committee on Agriculture and Natural Resources then the Judiciary.]

Proposing an amendment to the Constitution of the State of West Virginia amending article three thereof by adding thereto a new section, designated section 23, relating to the Bill of Rights; proving for the right to a clean and healthy environment, including clean air, pure water, a stable climate, and the preservation of the natural, scenic, recreational, and healthful qualities of the environment; the protection of these rights; the conservation, protection, and maintenance of West Virginia’s public natural resources; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2024, which proposed amendment is that article III thereof be amended by adding thereto a new section, designated section 23, to read as follows:

ARTICLE III. BILL OF RIGHTS.
§23. Natural Resources and the Public Estate.

All people have a right to a clean and healthy environment, including clean air, pure water, a stable climate, and the preservation of the natural, scenic, recreational, and healthful qualities of the environment. The state shall protect these rights equitably for all people.  West Virginia's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the State shall conserve, protect, and maintain them for the benefit of all the people.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment No. 1" and designated as the "Natural Resources and the Public Estate Amendment" and the purpose of the proposed amendment is summarized as follows:  "To provide the people with the right to clean air, pure water, a stable climate, and maintenance of our Great State's natural resources, and to ensure these resources are protected for the many generations to come"

NOTE: The purpose of this resolution is to provide the people with the right to clean air, pure water, and a stable climate and maintenance of our State's natural resources for current and future generations.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.