HJR 2 & SJR 2: Environmental Rights, aka The Green Amendment

There are two identical companion bills in the 2022 Session: HJR 2 and SJR 2 Environmental Rights, CA. Read HJR 2 bill page at nmlegis.gov. Read SJR 3 bill page at nmlegis.gov.

Important Update: After HJR 2 was tabled in House Energy, Env. & Nat. Resources last week, Chair Matthew McQueen felt that the bill would never make it through the Senate as it was worded, so he worked with bill sponsors on amendments to some of the language. See amendments below, followed by talking points. The amended bill (committee substitute) was subsequently passed by HENRC and will now go to House Judiciary.

HENRC Substitute for HJR 2:

SECTION 1. It is proposed to amend Article 2 of the constitution of New Mexico by adding:

A. The people of the state shall be entitled to clean and healthy air, water, soil and environment; a stable climate; and self-sustaining ecosystems, for the benefit of public health, safety and general welfare. The state, including its political subdivisions, shall serve as trustee of the natural resources of New Mexico and shall conserve, protect and maintain these resources for the benefit of all the people, including present and future generations.

B. The provisions of this section are self-executing. Monetary damages shall not be awarded for a violation of this section.

SECTION 2. It is proposed to amend Article 20 of the constitution of New Mexico by repealing Section 21.

Original HJR 2 language for comparison:

SECTION 1. It is proposed to amend Article 2 of the constitution of New Mexico by adding a new:

A. The people of the state have the natural, inherent and inalienable right to a clean and healthy environment, including water, air, soil, flora, fauna, ecosystems, and climate, and to the protection of the natural, cultural, scenic and healthful qualities of the environment.

B. The protection of the state’s environment is hereby declared to be of fundamental importance to health, safety and the public interest.

C. The state, including its political subdivisions, shall serve as trustee of the natural resources of New Mexico, and shall conserve, protect and maintain these resources for the benefit of all New Mexicans, including present and future generations.

D. The provisions of this section are self-executing. Money damages shall not be allowed under this section.

SECTION 2. It is proposed to amend Article 20 of the constitution of New Mexico by repealing Section 21.

Introduction: The green amendment would put a constitutional amendment in the NM state Bill of Rights to provide New Mexicans with the right to clean air, water, and environment. If that right is not being protected by a state, county, city or tribe, it would allow any New Mexican to file suit, not for money, but to force action to address the violation. Below you will find FAQs and speaking points from the folks at Green Amendments for The Generations and an updated list of legislators indicating their intention to sponsor the resolution, with more than 20 Reps. and Senators on board so far.

Please check the bottom of this page to see if your Senator and Rep. are supporting the amendment and, if so, write to thank them. If not, write to encourage them to do so, using info from the summary to provide reasons for support.

Green-Amendment-Summary PDF Download

NM-Green-Amendment-FAQs-12.18.20 Download

NM-Green-Amendment-Talking-Points-12.18.20 Download

Why the Green Amendment Is Good for New Mexico

Summary: This legislation, if approved by voters in a statewide referendum, would amend the state constitution to give all New Mexicans a constitutional right to clean air, pure water, a stable climate, and a healthy environment. These rights would become inherent, inalienable, and indefeasible, and among those rights reserved to all the people and on par with other protected inalienable rights.

Why This Legislation Is Good for NM

A Green Amendment to the state constitution would mandate that our government officials respect and protect the right to clean air, water, and land for all residents of the state.
Once an amendment is in place, residents would have the right to legal redress if any of these rights are violated.
The oil and gas industry in NM emits 570,000 tons of methane a year, the equivalent climate impact of 12 coal-fired power plants. Methane pollution, a known carcinogen, has more than doubled in the Permian Basin since 2011.
Our state has the most extreme water scarcity in the nation. Temperatures are rising, drought is increasing, and the state’s reservoirs are at record lows.
Native nations such as the Navajo, Ute, Pueblo, and Apache are on the frontlines of environmental racism in our state, with radioactive wastewater pollution, desecration of sacred sites for oil infrastructure, and water contamination from fracking in the San Juan Basin.
The Albuquerque Metro area received a “D” rating from the American Lung Association for days of elevated smog levels, and the greater Las Cruces region received an “F.” Smog can inflame the lungs, increase the risk of stroke, exacerbate COPD, and increase the risk of heart attack.

Supporting Organizations

Adelante Progressive Caucus of the DPNM
Common Ground Community Trust
Interfaith Power & Light NM
National Caucus of Environmental Legislators (NCEL)
New Energy Economy
Rio Grande Waterkeepers
Sacred Land, Sacred Water
Southwest Environmental Center
Water Culture Institute
Wild Earth Guardians

Supporting Legislators: (If your legislator is not among current supporters, please reach out to them now and urge them to support the Green Amendment.)