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NC H795
Bill
Status
4/18/2023
Primary Sponsor
Mary Harrison
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AI Summary
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Establishes the Rights of the Haw River Ecosystem Act, recognizing the Haw River watershed and its ecosystems as possessing legal rights including existence, restoration, clean water, natural biodiversity, and freedom from harmful human activities.
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Grants all North Carolina residents the right to a healthy Haw River ecosystem and protects the collective and individual rights of indigenous peoples residing in the state.
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Requires natural resource management agencies (Department of Natural and Cultural Resources, Department of Environmental Quality, and Wildlife Resources Commission) to review existing activities by June 30, 2024, conduct a baseline environmental assessment, remedy violations by June 30, 2025, and complete full restoration of identified areas by June 30, 2028.
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Authorizes enforcement by the Attorney General, the Haw River ecosystem as a legal entity, any state citizen, and any North Carolina resident through civil actions, with remedies including injunctive relief and damages measured as the cost of full ecosystem restoration.
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Establishes civil penalties of up to $10,000 for single violations or $500 per day for continuing violations, trebled for willful violations, and imposes strict liability on businesses and waives sovereign immunity for governmental entities that violate the act.
Legislative Description
Rights of Nature/Haw River
Attorney General; Conservation; Council Of State; Environment; Justice Dept.; Lakes & Rivers; Local Government; Minorities; Publ
Last Action
Ref To Com On Rules, Calendar, and Operations of the House
4/19/2023