North Carolina 2025-2026 Regular Session

North Carolina House Bill H345 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 345
	3	+	H D
	4	+	HOUSE BILL DRH10150-MH-39
	5	+
5	6
6	7
7	8		Short Title: Rights of Nature/Certain River Basins. (Public)
8		-	Sponsors: Representatives Harrison, Morey, Cervania, and K. Brown (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	March 11, 2025
12		-	H345 -v-1
	9	+	Sponsors: Representative Harrison.
	10	+	Referred to:
	11	+
	12	+	DRH10150 -MH-39
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO RECOGNIZE AND PROTECT THE RIGHTS OF THE DAN AND HAW RIVER 2
15	15		ECOSYSTEMS AND TO RECOGNIZE AND PROTECT THE RIGHT OF THE PEOPLE 3
16	16		OF NORTH CAROLINA TO A HEALTHY ECOSYSTEM FOR THOSE RIVERS. 4
17	17		Whereas, from time immemorial, rivers and streams of North Carolina, including the 5
18	18		Haw and Dan Rivers, have supported abundant life. American Indians have inhabited these lands, 6
19	19		living in harmony with Nature, for over a thousand years; and 7
20	20		Whereas, by 1710, the impacts of colonization forced the Saura tribe to abandon its 8
21	21		last known settlement along the Dan River, but other tribes along the Haw and Dan Rivers, such 9
22	22		as the Saponi, remained and continue to live in the region; and 10
23	23		Whereas, today, American Indians of the Piedmont region are reconnecting with their 11
24	24		ancestral homeland and culture; and guiding growing efforts to better conserve and protect the 12
25	25		rivers and river lands and the life they support; and 13
26	26		Whereas, such efforts must be intensified, because the health, safety, and welfare of 14
27	27		North Carolinians is, and always has been, inseparable from the health of the rivers and river 15
28	28		lands, because many of the State's cities, towns, and industries owe their very existence to the 16
29	29		rivers, which served as the historic providers of the power to run mills and the blue highways for 17
30	30		transporting people and goods. In modern times, the rivers and the nature around them continue 18
31	31		to serve as support systems for human endeavors by supplying drinking water, enabling the 19
32	32		region's farmers to grow food, providing opportunities for recreation and rejuvenation to 20
33	33		residents and visitors alike, and continuing to play their vital role in supporting commerce and 21
34	34		the State's economy; and 22
35	35		Whereas, today, the rivers, the river lands, and the plant and animal life they support 23
36	36		are in peril, with declining populations of wildlife and native plants as well as the threat of 24
37	37		extinction for some species. The Haw River has been identified as one of America's most 25
38	38		endangered rivers because of unsafe pollution levels, including sewage leaking from aging pipes 26
39	39		and toxic runoff from roadways and parking lots. The State has issued warnings and severe 27
40	40		restrictions on eating fish from the Haw and the Dan Rivers. Both have been determined to 28
41	41		contain toxic chemicals dangerous to humans, including the "forever chemicals," such as PFAS, 29
42	42		which never decompose, increase cancer and other health risks to humans, and are widely used 30
43	43		in household goods; and 31
44	44		Whereas, these problems are not unique to our State. They exist across the United 32
45	45		States and around the world and have been described as a period of global environmental collapse 33
46	46		and the sixth major extinction of life forms in the 3.8-billion-year-long history of life on Earth; 34
47		-	and 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 345-First Edition
	47	+	and 35
	48	+	H.B. 345
	49	+	Mar 10, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH10150-MH-39
49	52		Whereas, in response, governments have responded with significant efforts to protect 1
50	53		the environment over the last 60 years. Environmental protection laws have helped protect the 2
51	54		natural environment we depend on; however, they have proven to be insufficient. Earth's climate 3
52	55		is heating; droughts, wildfires and floods are increasing in intensity and frequency; and sea level 4
53	56		is rising as population growth, land development, and economic expansion continuously increase 5
54	57		demands that humans make upon the environment; and 6
55	58		Whereas, as the environmental crisis has mounted, communities, states, and nations 7
56	59		around the globe have begun realigning laws and policies with the growing understandings, long 8
57	60		held by Indigenous societies, that we are part of the natural world and we must respect and care 9
58	61		for Nature to care for ourselves and protect our future through an understanding that nature – the 10
59	62		community of life on Earth – has rights, including the right to exist; and 11
60	63		Whereas, the Rights of Nature movement began in the United States in 2003, when 12
61	64		the Navajo Tribal Council amended its nation's written code to incorporate its indigenous 13
62	65		understanding that all life has the right to exist with these words: "all creation, from Mother Earth 14
63	66		and Father Sky to the animal … and plant life have their own laws, and rights and freedom to 15
64	67		exist." Three years later, small towns in Pennsylvania began adopting local rights of Nature laws 16
65	68		to protect their water supplies from the ill effects of fracking and, in 2008, Ecuador became the 17
66	69		first country in the world to recognize the rights of Nature in its constitution. Since then, more 18
67	70		than 100 legal enactments and court decisions have been adopted by legislative bodies, tribal 19
68	71		governments, and voters in the United States and, by 2024, a total of 500 rights of Nature laws 20
69	72		had been adopted in 40 countries around the world, with a high percentage of these laws 21
70	73		specifically protecting rivers and other waters; and 22
71	74		Whereas, many citizens of North Carolina love and wish to protect the State's 23
72	75		waterways, river lands, and all of North Carolina's natural environment, but motivations vary. 24
73	76		Many understand all life to be a Divine creation, which must be protected as sacred. Based on 25
74	77		scientific evidence, others believe the current environmental crisis necessitates stronger 26
75	78		ecological protection laws. Others want to preserve our wildlands and wildlife to maintain 27
76	79		outdoor recreational opportunities, including hunting, fishing, hiking, biking, paddling, and 28
77	80		camping. As environmental disasters worsen, many want to protect their children's and 29
78	81		grandchildren's health and future welfare; and 30
79	82		Whereas, the people of the State are best served by recognizing their right to a clean 31
80	83		and healthy environment and also recognizing the rights of the pollution-burdened Haw and Dan 32
81	84		Rivers and river land communities to enhanced protection against future contamination and 33
82	85		restoration to protect the health of the rivers and the health, safety, and welfare of our people as 34
83	86		well as the entire community of life in our State; Now, therefore, 35
84	87		The General Assembly of North Carolina enacts: 36
85	88		SECTION 1. Chapter 77 of the General Statutes is amended by adding a new Article 37
86	89		to read: 38
87	90		"Article 11. 39
88	91		"Rights of Certain Human-Impacted River Ecosystems. 40
89	92		"§ 77-145. Short title. 41
90	93		This act shall be known and may be cited as the Rights of the Rivers Act. 42
91	94		"§ 77-146. Purpose. 43
92	95		This act recognizes and protects the rights of certain human-impacted river ecosystems and 44
93	96		the right of the people of North Carolina to a healthy, thriving ecosystem for those rivers. 45
94	97		"§ 77-147. Definitions. 46
95	98		The following definitions apply in this Article: 47
96	99		(1) Dan River ecosystem. – The watershed of the Dan River, including both its 48
97	100		mainstem and tributaries, all species and ecosystems found in the watershed, 49
98	101		and species and ecosystems that depend on the watershed. 50 General Assembly Of North Carolina Session 2025
99		-	~~House Bill 345-First Edition~~ Page 3
	102	+	DRH10150-MH-39 Page 3
100	103		(2) Haw River ecosystem. – The watershed of the Haw River, including both its 1
101	104		mainstem and tributaries, all species and ecosystems found in the watershed, 2
102	105		and species and ecosystems that depend on the watershed. 3
103	106		(3) Natural resource management agencies. – The Department of Natural and 4
104	107		Cultural Resources, the Department of Environmental Quality, and the 5
105	108		Wildlife Resources Commission. 6
106	109		(4) River ecosystems protected in this Article. – All of the following: 7
107	110		a. The Dan River ecosystem. 8
108	111		b. The Haw River ecosystem. 9
109	112		"§ 77-148. Rights of human-impacted river ecosystems. 10
110	113		(a) Rights of Human-Impacted River Ecosystems. – The river ecosystems protected in 11
111	114		this Article possess rights, including, but not limited to, all of the following: 12
112	115		(1) The right to naturally exist, flourish, regenerate, and evolve. 13
113	116		(2) The right to full restoration, recovery, and preservation. 14
114	117		(3) The right to abundant, pure, clean, unpolluted water, including the right to 15
115	118		natural surface water flow and recharge and groundwater recharge. 16
116	119		(4) The right to a healthy natural environment and natural biodiversity. 17
117	120		(5) The right to carry on all natural ecosystem functions. 18
118	121		(6) The right to be free of activities, practices, and any other man-made 19
119	122		obstructions that interfere with or infringe upon the rights set forth in this 20
120	123		section. 21
121	124		(b) No Conferral of Obligations. – The rights of river ecosystems protected in this Article 22
122	125		shall not be interpreted to confer liabilities, duties, obligations, or responsibilities on any 23
123	126		particular river ecosystem except as expressly set forth herein. 24
124	127		"§ 77-149. Rights of the people of the State. 25
125	128		All residents of the State possess the right to healthy, flourishing river ecosystems. 26
126	129		"§ 77-150. Rights of indigenous people. 27
127	130		Nothing in this Article shall abrogate the collective or individual rights of indigenous people 28
128	131		residing in the State, including, but not limited to, members of the tribes and bands identified in 29
129	132		Chapter 71A of the General Statutes. 30
130	133		"§ 77-151. Implementation. 31
131	134		The State shall protect the rights secured in this act by providing that natural resource 32
132	135		management agencies of the State take action to ensure these rights are guaranteed and upheld 33
133	136		as specified in this section. This includes all of the following: 34
134	137		(1) Natural resource management agencies shall not conduct, authorize, license, 35
135	138		permit, or fund any public or private activities, practices, or operations that 36
136	139		are inconsistent with, or which will or may violate or infringe upon, the rights 37
137	140		or provisions of this act. 38
138	141		(2) No later than June 30, 2026, natural resource management agencies shall: 39
139	142		a. Review their existing and proposed activities, practices, or operations, 40
140	143		as well as all agency laws, policies, rules, or regulations, to identify 41
141	144		any potential or ongoing violations of the rights or provisions of this 42
142	145		Article. 43
143	146		b. Jointly conduct a complete baseline environmental assessment of the 44
144	147		human-impacted river ecosystems, which shall include identification 45
145	148		of areas within the ecosystems in need of restoration, and prioritization 46
146	149		of those areas. 47
147	150		(3) No later than June 30, 2027, natural resource management agencies shall: 48
148	151		a. Remedy any potential or ongoing violation identified in subdivision 49
149	152		(2) of this section to ensure all existing or proposed policies, rules, or 50
150	153		regulations, or ongoing or proposed activities, practices, or operations, 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~House Bill 345-First Edition~~
	154	+	Page 4 DRH10150-MH-39
152	155		are made consistent with and protective of the rights and provisions of 1
153	156		this Article. 2
154	157		b. Develop recommendations for remedying any potential or ongoing 3
155	158		violation of law identified in subdivision (2) of this section and submit 4
156	159		a report of those recommendations to the General Assembly. 5
157	160		(4) No later than June 30, 2030, complete full restoration of all areas of river 6
158	161		ecosystems protected in this Article located within the State and identified 7
159	162		through the assessment required by sub-subdivision (2)b. of this section. 8
160	163		"§ 77-152. Civil enforcement. 9
161	164		(a) Enforcement by the State. – The Attorney General is authorized to enforce and defend 10
162	165		these rights by the filing of an action in the courts of this State to enjoin infringements of the 11
163	166		rights set out in this Article and collect damages for impacts to natural resources within river 12
164	167		ecosystems protected in this Article as described in subsection (h) of this section. 13
165	168		(b) Enforcement by the Human-Impacted River Ecosystems. – The river ecosystems 14
166	169		protected in this Article may enforce or defend the rights secured in this act through a legal action 15
167	170		brought in the courts of this State, brought in the name of the human-impacted river ecosystem 16
168	171		as the real party in interest. Remedies shall include injunctive relief to enjoin the activity or 17
169	172		project which violates the rights set forth in this Article. 18
170	173		(c) Right of Intervention. – The river ecosystems protected in this Article may also 19
171	174		intervene in any litigation authorized by this section. 20
172	175		(d) Standing. – Any resident of the State shall have standing to both file an action in the 21
173	176		name of the ecosystem under subsection (b) of this section and to intervene in any litigation in 22
174	177		the name of the ecosystem under subsection (c) of this section. 23
175	178		(e) Enforcement by Individuals. – Any North Carolina resident may enforce or defend 24
176	179		the rights secured in this act through a legal action brought in any appropriate court. Any resident 25
177	180		may also intervene in any litigation concerning this act in order to enforce or defend it. Remedies 26
178	181		shall include injunctive relief to enjoin the activity or project which violates this act. 27
179	182		(f) Enforcement Actions and Burden of Proof. – Where probable violations of the rights 28
180	183		protected in this act are shown to exist, lack of full scientific certainty shall not be used as a 29
181	184		reason for denying or postponing enforcement or defense of these rights. The burden of proving 30
182	185		the absence of a violation of rights shall lie with the persons responsible for the infringement of 31
183	186		rights or impacts to natural resources alleged and not with the party or parties enforcing or 32
184	187		defending the rights protected in this Article. 33
185	188		(g) Civil Penalties. – Any business or government entity that violates any provision of 34
186	189		this Article shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for a single 35
187	190		occurrence, or up to five hundred dollars ($500.00) per day of a continuing occurrence, with each 36
188	191		day constituting a separate offense under this Article. These penalties shall be trebled in cases 37
189	192		where the violation is found to be willful. 38
190	193		(h) Damages. – Any business or government entity that violates any provision of this act 39
191	194		shall be liable for any natural resource damages caused to the river ecosystems protected in this 40
192	195		Article as a result of the violation. The measure of damages shall be the cost of fully restoring 41
193	196		the human-impacted river ecosystem to its state prior to the violation and shall be paid to the 42
194	197		State to be used exclusively for the restoration of the ecosystem. 43
195	198		(i) Business and Governmental Entities. – Any business entity which is shown to have 44
196	199		violated any provision of this Article shall be strictly liable and deemed not to possess any of the 45
197	200		rights, privileges, powers, or protections which would interfere with the defense or enforcement 46
198	201		of rights protected in this Article. Any defense of sovereign immunity is expressly waived with 47
199	202		respect to any governmental entity shown to have violated any provision of this Article." 48
200	203		SECTION 2. If any provision of this act or its application to any person or 49
201	204		circumstance is held invalid, the invalidity does not affect other provisions or applications of this 50 General Assembly Of North Carolina Session 2025
202		-	~~House Bill 345-First Edition~~ Page 5
	205	+	DRH10150-MH-39 Page 5
203	206		act that can be given effect without the invalid provision or application and, to this end, the 1
204	207		provisions of this act are severable. 2
205	208		SECTION 3. This act is effective when it becomes law. 3