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Bill Summary · HB 965

HB 965 — Environmental Rights Constitutional Amendment (North Carolina)

Status: Passed 1st Reading; referred to committees; later procedural actions indicate it was indefinitely postponed and died in subcommittee (see timeline below). Sponsors: Rep. K. Brown (primary); primary sponsor list also includes Reps. Harrison, Moss, and Lowery. Companion bill: SB 257.

Purpose / Intent

Amend the North Carolina Constitution to recognize and protect an affirmative, constitutional right of the people to “clean water, clean air, and a preserved environment.” The amendment would (1) declare these environmental rights inalienable and self‑executing, and (2) impose a trustee duty on the State and its political subdivisions to conserve and protect specified natural resources for present and future generations.

Key Provisions

  • Adds a new Section 39 to Article I of the NC Constitution with the full core language:
    • “All the people have a right to clean water, clean air, and to the preservation of the natural, scenic, cultural, and healthful qualities of the environment, including the beneficial ecosystem services a clean and healthy environment provides.”
    • The State “shall protect these rights equitably for all people.”
    • The State, including each branch, agency, and political subdivision, “shall serve as trustee of the State's natural resources” (explicitly listing air, waters, coastal lands, wetlands, open lands, native flora and fauna, and soils) and “shall conserve, protect, and maintain these resources for the benefit of all the people, including both present and future generations.”
    • The provision is declared “inalienable and self‑executing.”
  • Ballot procedure:
    • The amendment must be submitted to voters at the statewide general election in November 2026.
    • Ballot question text provided:
      “ FOR / AGAINST — Constitutional amendment protecting the right of the people to pure water, clean air, and a preserved environment.”
  • If a majority of votes cast are in favor, the Bipartisan State Board of Elections and Ethics Enforcement certifies the amendment to the Secretary of State, who enrolls it among permanent records; the amendment becomes effective upon certification.

Who/What Would Be Affected

  • State government: every branch, agency, and political subdivision would have an affirmative constitutional duty to protect listed natural resources.
  • Regulated entities and permit holders: constitutional protections could affect permitting, land use, natural resource management, infrastructure projects, and environmental regulation.
  • Courts and litigants: the “self‑executing” and inalienable language could invite private lawsuits and judicial review challenging state actions or approvals that are alleged to violate the constitutional environmental right.
  • All residents, present and future, by creating an express constitutional environmental entitlement claimed to be protected “equitably for all people.”

Potential Legal and Practical Impacts

  • Legal: May create new constitutional grounds for citizens, tribes, local governments, or advocacy groups to seek injunctions, declaratory relief, or damages for alleged violations. The “trustee” language could be interpreted to impose fiduciary‑style duties on the State.
  • Regulatory/policy: Could require agencies to modify rules, permitting practices, environmental reviews, and budgeting to conform with constitutional duties.
  • Fiscal: Implementation and litigation risks could have budgetary implications (agency rulemaking, enforcement actions, or litigation costs).
  • Litigation and interpretation will hinge on how courts construe terms like “self‑executing,” “equitable” protection, and the scope of “trustee” duties.

Procedural / Timeline Notes

  • Bill filing/introductory dates vary in the available record; core procedural points:
    • Filed/introduced in the 2025 session; passed 1st reading (reported Apr 14, 2025).
    • Referred to multiple committees (Rules; Public Health; Government Operations subcommittee; Budget; State Affairs; etc.).
    • Ballot submission to voters is scheduled for the November 2026 general election if the General Assembly approves the amendment for submission.
    • Legislative action records also show that the bill was at times indefinitely postponed and reported as having “died in Government Operations Subcommittee” (May–June 2025). Status therefore may be uncertain—consult the official North Carolina General Assembly website or state election authorities for the latest disposition and any subsequent reintroduction.

For authoritative text and current status, see the NCGA bill page and the text of the proposed constitutional amendment (Article I, Sec. 39) and follow the November 2026 ballot process if the amendment is certified for the ballot.

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

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