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HJR 4210

Adding a new section to the Washington state Constitution regarding the conservation and protection of the state's natural resources.

2023-2024 Regular Session Introduced by Debra Lekanoff and 2 co-sponsors

Washington proposes a constitutional right to a clean, healthy environment and a trustee duty for the state to conserve natural resources for current and future generations.

Public hearing in the House Committee on Environment & Energy at 4:00 PM.
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Bill Summary · HJR 4210

Summary of HJR 4210 (Washington)

A proposed constitutional amendment to add a new section to Article I that enshrines an environmental rights framework and a state trustee duty for natural resources.

Purpose and intent

  • Establish a constitutional right for the people of Washington, including future generations, to a clean and healthy environment (including pure water, clean air, healthy ecosystems, and a stable climate).
  • Require the state and its political subdivisions to act as trustees of the state’s natural resources and climate, conserving and protecting these resources for the benefit of all people, including future generations.
  • Guarantee that these rights are inherent, inalienable, indefeasible, and on par with other protected inalienable rights, with a mandate to equitably protect them for all residents.

Key provisions (proposed new Article I section)

  • (a) Rights: The people have the right to a clean and healthy environment and to the preservation of the environment’s natural, cultural, scenic, and healthful qualities.
  • (b) Trustee duty: The state and its political subdivisions shall serve as trustees of natural resources (waters, air, flora, fauna, soils, climate) and shall conserve, protect, and maintain these resources for all people, including future generations.
  • (c) Enforceability and equality: The rights are inherent, inalienable, and indefeasible; they are on par with other inalienable rights; the state shall equitably protect these rights for all people regardless of race, ethnicity, tribal membership status, gender, geography, or wealth; the state must act with prudence, loyalty, and impartiality in fulfilling its trustee obligations.
  • (Self-executing): The provisions are self-executing, meaning they would be enforceable without additional implementing legislation.
  • (d) Notice/publicity: The Secretary of State must publish notice of the amendment at least four times during the four weeks before the election in every legal newspaper in the state.

Who and what is affected

  • Government: The state of Washington and all political subdivisions would have trustee obligations to conserve and protect natural resources and climate.
  • Public: All residents, including future generations, would gain enshrined environmental rights and protections.
  • Courts: Potential enforcement of constitutional rights related to environment and natural resources.

Constitutional amendment process and timeline

  • Type: Joint resolution (HJR 4210) proposing a constitutional amendment.
  • Approval route: Requires a two-thirds majority in both the House and Senate to pass the resolution, which would then be placed on the next general election ballot for voters to approve or reject by a simple majority.
  • Ballot placement: The amendment would be submitted to the qualified voters at the next general election.
  • Public notice: Secretary of State must publish notice of the amendment at least four times in four weeks preceding the election (in every legal newspaper in the state).
  • Schedule context: Introduced January 22, 2024; public hearings held January 29 and January 30, 2024 in the House Environment & Energy Committee.

Fiscal and appropriation notes

  • Appropriation: None specified.
  • Fiscal Note: Not requested.

Additional context

  • The bill's language is modeled to read as a self-executing constitutional provision, creating a framework for environmental rights and a trustee duty without requiring immediate implementing legislation. It emphasizes equity in protection and stewardship of natural resources for current and future residents.

Compiled from official sources — confirm details with the bill’s official record.

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