Maine Legislature, Session 130, LD 0064
Committee: Environment and Natural Resources
Sponsors: O'NEIL

Legislative Document
No. 64
H.P. 30
House of Representatives, January 13, 2021
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine Regarding Environmental Rights
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative O'NEIL of Saco.
Constitutional amendment. Resolved: Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed:
Constitution, Art. IX, §26 is enacted to read:
Section 26.  Environmental rights.  The following provisions govern 
environmental rights and public natural resources.
1.  Clean and healthy environment.  Every person has a right to a clean and 
healthy environment, including pure water, clean air and ecologically healthy habitats, and 
to the preservation of the natural, scenic, historic and esthetic qualities of the environment.  
The State may not infringe upon these rights, by action or inaction.
2.  Public natural resources.  The State's public natural resources, among them its 
waters, air, flora, fauna, climate and public lands, are the common property of all the 
people, including both present and future generations.  The State shall serve as trustee of 
these resources, and shall conserve and maintain them for the benefit of all people.
3.  In addition to other rights.  This Section and the rights stated in this Section 
are in addition to any rights conferred by the public trust doctrine or common law.
Constitutional referendum procedure; form of question; effective date.  
Resolved:  That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election held in the month of November following the 
passage of this resolution, to vote upon the ratification of the amendment proposed in this 
resolution by voting upon the following question:
"Do you favor amending the Constitution of Maine to grant every person 
the right to a clean and healthy environment and require the State to protect 
public natural resources?"
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and declared 
in open ward, town and plantation meetings and returns made to the Secretary of State in 
the same manner as votes for members of the Legislature.  The Governor shall review the 
returns.  If it appears that a majority of the legal votes are cast in favor of the amendment, 
the Governor shall proclaim that fact without delay and the amendment becomes part of 
the Constitution of Maine on the date of the proclamation.
Secretary of State shall prepare ballots.  Resolved:  That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies of 
this resolution necessary to carry out the purposes of this referendum.
SUMMARY
This resolution proposes to amend the Constitution of Maine to provide that every 
person has a right to a clean and healthy environment.  This includes the right to clean air, 
pure water and healthy habitats.  The amendment requires the State to preserve public 
natural resources.