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SCR 1017

environment; constitutional amendment

57th Legislature - First Regular Session Introduced by Lela Alston and 6 co-sponsors

Arizona becomes constitutionally guaranteed a right to a clean and healthy environment, with resources held in trust for current and future generations.

Senate Second Reading
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Bill Summary · SCR 1017

SCR 1017 — Environment; Constitutional Amendment

Overview

SCR 1017 is a concurrent resolution proposing a constitutional amendment to add a new Section 38 to Article II of the Arizona Constitution. The measure would enshrine a state-recognized right to a clean and healthy environment (including pure water, clean air, healthy ecosystems, and a stable climate) and would declare natural resources as common property held in trust for present and future generations. If approved by voters, the amendment would take effect as provided by the Arizona Constitution.

  • Status: Senate Second Reading
  • Introduced: February 4, 2025
  • Classification: Concurrent resolution
  • Next step: If approved by both chambers, submitted to voters at the next general election per Article XXI of the Arizona Constitution
  • Primary sponsor: Lauren Kuby (with several cosponsors/sponsors from both chambers)

Key Provisions

  • Section A: Right to a clean and healthy environment

    • Recognizes, for every person (including future generations), a right to a clean and healthy environment.
    • Includes rights to pure water, clean air, healthy ecosystems, a stable climate, and preservation of the environment’s natural, cultural, scenic, and healthful qualities.

  • Section B: Public natural resources as common property; state duties

    • Declares water, air, flora, fauna, climate, and other public natural resources as the common property of all people, including future generations.
    • Establishes duties for the state and its political subdivisions:
    • Serve as trustees of these resources.
    • Conserve, protect, and maintain these resources for the benefit of all people.

  • Section C: Inalienability and self-execution

    • The rights in Section A are inherent, inalienable, and indefeasible, and cannot be infringed by the state.
    • The section is self-executing (i.e., operable without additional implementing statutes).

Effects and Implications

  • Legal landscape

    • Creates a constitutional right to a clean environment that could be invoked in court to challenge government actions or inactions that threaten environmental quality.
    • Establishes a trustee framework for how the state and its subdivisions manage natural resources, potentially affecting decisions on water, air, land use, and climate-related policies.
    • May empower citizens and communities to seek judicial remedies to enforce environmental rights and the trustee obligations.

  • Administrative and policy impact

    • Could influence state and local planning, permitting, regulatory programs, and resource management decisions to ensure consistency with the environmental rights and trustee duties.
    • As a self-executing provision, may limit the need for new implementing statutes, though implementing guidelines or rules could still be developed to clarify enforcement mechanisms.

  • Population scope

    • Applies to current residents and future generations, reinforcing long-term considerations in environmental governance.

Timeline and Procedural Notes

  • Introduction and first readings occurred in early February 2025.
  • Currently at Senate Second Reading (as of February 5, 2025).
  • Should the measure pass both chambers, it would be placed on the next general election ballot for voters to decide, per Article XXI of the Arizona Constitution.
  • A successful voter approval would enact the amendment; Governor would proclamation it upon passage, after which the amendment becomes part of the Arizona Constitution.

Summary of Sponsors

  • Primary sponsor: Lauren Kuby
  • Co-sponsors/Sponsors: Senators Lela Alston, Theresa Hatathlie, Analise Ortiz, Mariana Sandoval, and others; Representatives including Brian Garcia and additional cosponsors.

Note: This summary focuses on the substantive text and potential impacts of SCR 1017, without depicting political viewpoints.

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

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