What's happening
This bill declares all New York State waters as public trust resources, requiring their conservation and management for public benefit.
Why it matters
Elevates water policy to a legal trust. By declaring all state waters as public trust resources, the bill establishes a legal framework obligating the government to manage these waters not for private interests, but for the benefit and use of all people—now and in the future.
Expands accountability for water management. The state is explicitly recognized as the trustee of water resources, creating a stronger mandate for agencies and officials to protect these resources, potentially making it easier for citizens or advocacy groups to challenge harmful practices in court.
Broadens environmental protection scope. The bill ties water management to long-term environmental sustainability, reinforcing the idea that protecting water quality and availability is essential for both public health and ecosystem integrity, and not merely a matter of resource allocation.
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Who cares
State water-resource agencies
The bill would expressly establish the state's duty as trustee to conserve and manage its waters for present and future inhabitants and environmental protection.
Environmental advocates
The bill would declare all state waters public trust resources and make that status part of the state's water-resource policy.
Industries whose activities affect water resources
The public trust designation would reinforce the existing policy supporting regulation of activities that deplete, pollute or otherwise damage waters and associated land resources.
Headline styles
Make State Waters Public
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1494
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ENGLEBRIGHT, GUNTHER, TITONE, JAFFEE, ZEBROWSKI, ROSENTHAL, CAHILL, ABINANTI, WEPRIN, LIFTON, COLTON -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to declaring the waters of the state as public trust resources
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 13 of section 15-0103 of the environmental conservation law is amended to read as follows:
13. All the waters of this state are deemed to be public trust resources. The waters of the state are valuable public natural resources and this state has a duty as trustee to conserve and manage its waters effectively for the use and enjoyment of present and future inhabitants and for the protection of the environment. It is in the best interest of the state that provision be made for the regulation and supervision of activities that deplete, defile, damage or otherwise adversely affect the waters of the state and land resources associated therewith.
§ 2. The opening paragraph of section 15-0105 of the environmental conservation law is amended to read as follows:
In recognition that the waters of the state are public trust resources, and in recognition of its sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state, it is hereby declared to be the public policy of the state of New York that:
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05576-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.