A lawmaker from Los Angeles has proposed a constitutional amendment that aims to establish, by law, Californians’ right to clean air, water, and a healthy environment.
“California is our national leader on combating climate change,” Assemblymember Isaac Bryan said April 22 during a press conference. “We know that here, and they know that around the world, but California is behind in taking our values and enshrining them in constitutional rights for the people of our state.”
While California has established an air resources board to reduce air pollution and passed legislation recognizing a right to clean water, Mr. Bryan said that his legislation, Assembly Constitutional Amendment 16, aims to safeguard the state from federal interference.
Melissa Romero, deputy legislative director at activist organization California Environmental Voters, echoed the bill author’s message.
“Forty million Californians do not have a fundamental right to clean air, water and a healthy environment enshrined in our state constitution,” Ms. Romero said during the press conference. “This is a glaring gap that leaves our progress vulnerable to potential rollbacks and changes in federal policy.”
Meanwhile, opponents argue that the amendment is vague and could lead to confusion during enforcement.
“ACA 16 lays the legal foundation to challenge virtually any state or local government infrastructure, energy, procurement proposal or housing project on the basis that any one of them threatens their new, and as yet undefined, general right,” the California Chamber of Commerce wrote in an opposition statement.
The group argued that, under the proposed constitutional amendment, projects such as affordable housing developments, high-speed rail, and clean energy initiatives could encounter delays or cancellations if they are challenged over air emissions or wastewater discharge.
“There is no widely accepted definition of ‘healthy environment’. The poorly defined definition will make enforcement of ACA 16 subjective and be left open to interpretation,” the chamber added.
ACA 16 cleared the Assembly Natural Resources Committee in early April and was placed on the suspense file by the Assembly Appropriations Committee on May 1. The proposed amendment may be reconsidered at a future hearing and must secure approval from both chambers by a two-thirds majority vote before being presented to the voters for approval.
According to the appropriations committee, initial expenses for the legislation are estimated to fall between $740,000 and $987,000, covering printing and mailing costs associated with placing the constitutional amendment on the ballot during a statewide election.
The committee’s analysis suggested that the courts would likely face significant costs to adjudicate lawsuits filed to enforce the rights established by this amendment, with the amount depending on the number of lawsuits filed and the amount of court time needed for each case.
Additional costs might apply to the Department of Justice as well, the committee reported.
