This month, Democratic legislators, Representative Darrin Madison, Senator Mark Spreitzer, and Senator Jodi Habush Sinykin, have reintroduced a Green Amendment to the state constitution. The move would formalize peoples’ rights to a clean, safe, and healthy environment.

Here’s how the amendment would read:

SECTION 1. Section 27 of article I of the constitution is created to read: [Article I] Section 27 The people, including future generations, have the right to a clean, safe, and healthy natural environment, including clean water, clean air, healthy soils, self-sustaining ecosystems, and a safe and stable climate, and to the preservation of the natural, cultural, and healthful qualities of the environment. These rights shall never be infringed, shall be subject to strict scrutiny review in court, shall be protected equitably for all communities in the state, and are self- executing.

(2) The state, as trustee, shall protect Wisconsin’s natural resources for all of the people of this state, including future generations.

There is deep gridlock at the state capitol and the state legislature’s resistance to making progress on the systemic changes we need to fully protect our drinking water, rivers, and lakes from pollution has been a barrier to our rights to clean water protection. The Green Amendment is a sign that we need some path forwards to meaningfully address critical water issues in Wisconsin.

Here’s how the Wisconsin state constitution is amended

The state legislature must pass the proposed change in two separate sessions. After that, the amendment goes to a statewide vote. If a majority of voters approve it, the constitution is officially changed. If not, it fails. 

Wisconsinites have already voted for clean water

The good news is that many voters in Wisconsin have already voted for their desire for the state government to recognize their rights to a clean environment. Clean Water Now referendums in 2021 and 2022 showed strong, nonpartisan success when voters were directly asked on their ballots how much they care about Wisconsin’s water.

The question was simple: Should the State of Wisconsin establish a right to clean water to protect human health, the environment, and the diverse cultural and natural heritage of Wisconsin?

Here’s what happened:

In the spring of 2021, voters in Marquette County (73%), Portage County (77%) and Wood County (76%) approved referendums.

In the spring of 2022, voters in Eau Claire County (79%) and La Crosse County (86%) approved referendums.

In the fall of 2022, voters in Adams (79.7%), Bayfield (80%), Green (84%), Juneau (79.6%), and Outagamie (79.5%) Counties approved referendums.

Local governments have stepped up to pass resolutions too. Monroe County was the first to pass a Clean Water Now resolution on March 22, 2022 (PDF). Ashland County approved an inspiring resolution in support of clean water on October 9, 2023 (JPG) and Marinette County passed a resolution on December 19, 2023 (PDF). 

When voters are asked if they believe in the right to clean water, they vote YES in strong numbers that transcend political party lines.

However, through a bad deal with Governor Evers over shared revenue funding, state legislators took away citizens’ rights to add advisory referendums to local ballots. Though state leaders took away our right to voice our opinions directly on our ballots, they can’t deny the overwhelming, nonpartisan success of the Clean Water Now referendums or our basic right to clean water. The Green Amendment could be another way of letting voters express how important the right to a clean environment is to us. 

Wisconsinites can protect water now

The people of Wisconsin don’t have to wait for the passage of a Green Amendment to make progress on protecting Wisconsin’s clean water and heritage of our beloved natural spaces. Our next state budget has several key issues legislators can support for the health of people and our environment. 

We can do something about PFAS pollution

The Joint Finance Committee has the power to release $125 million in funds to help families who can’t drink their water due to PFAS contamination. Those funds that were already approved in the last state budget are being withheld due to partisan political conflicts. The Governor’s proposed budget includes the $125 million and an additional $18.6 million for the DNR to support PFAS monitoring and remediation across Wisconsin. PFAS is truly a statewide problem that impacts people’s drinking water in big cities and small towns alike. 

We can do something about lead pipes

The proposed state budget includes two critical investments that will support much-needed drinking water, wastewater, and stormwater infrastructure across Wisconsin. First, there is a proposed $200 million to support lead service line replacement through the DNR’s Safe Drinking Water Loan program. There is also a proposed $725.9 million in revenue bonds that will fund state match requirements and expand loan opportunities through the Drinking Water Loan Program and the Clean Water Fund Program. 

We can do something about stewardship of land and water

Legislators also have the power to renew and fund the Knowles-Nelson Stewardship Program which is wildly popular across the political spectrum of voters. Those funds do everything from park maintenance and installing accessible fishing docks, to putting forests and riverfront property into conservation protection agreements so future generations can enjoy green spaces.

While we wait for a Green Amendment, we need legislators to take action today to protect our drinking water and respect what voters have already called for.

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