The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5362--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced by M. of A. KAVANAGH, SCHIMMINGER, SILVER, CAHILL, P. RIVERA,
  COOK,  LUPARDO,  LIFTON  --  Multi-Sponsored  by  -- M. of A. BRENNAN,
  CANESTRARI, CLARK, COLTON, GALEF, GLICK,  GOTTFRIED,  JACOBS,  MARKEY,
  McENENY,   MILLMAN,  MORELLE,  ORTIZ,  PAULIN,  SCARBOROUGH,  SWEENEY,
  THIELE, WEINSTEIN, WEISENBERG -- read once and referred to the Commit-
  tee on Economic Development -- recommitted to the Committee on Econom-
  ic Development in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT creating a sustainable development task force to study the feasi-
  bility of adopting goal  oriented  and  performance  based  regulatory
  systems  to achieve a goal of sustainable development for the state of
  New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. As used in this act, the term:
  (1) "Benchmarks" means interim indicators that measure the progress in
achieving measurable objectives and long term measurable goals.
  (2) "Long term measurable goals" means the attainment of the condition
for  a  parameter  that  is necessary to achieve sustainable development
within 25 years.
  (3) "Measurable objectives" means measurable achievements at  specific
points  in  time,  typically in two- to five-year segments that over the
duration achieve long term measurable goals.
  (4) "Sustainable development" means managing the use, development  and
protection  of  natural  and  physical resources in a way, or at a rate,
that enables people to meet their current needs without compromising the
ability of future generations to meet their own needs.
  S 2. The legislature finds and declares that:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01618-02-2

A. 5362--A                          2

  (1) In order to establish a policy of sustainable  development  neces-
sary for economic competitiveness in the twenty-first century, the state
must achieve the following intermediate value goals:
  (a) A competitive and balanced economy;
  (b) A healthy environment;
  (c) A continuing resource base; and
  (d)  Communities that provide a good quality of life, for both current
and future generations of New Yorkers.
  (2) Although New York state has made progress towards  the  goals  set
forth in subdivision one of this section, it lacks an integrated strate-
gy  for  achieving  these  goals concurrently. It also lacks established
mechanisms for  measuring  the  success  of  activities  implemented  to
achieve these goals.
  (3) To develop an integrated strategy for achieving the four goals set
forth  in  subdivision  one  of  this  section,  and thus establishing a
sustainable development policy, the state must:
  (a) Examine the feasibility of establishing clear, long  term  measur-
able goals for environmental and natural resource stewardship along with
measurable objectives and interim benchmarks to monitor progress towards
the goals;
  (b)  Examine  a performance based system in which long term measurable
goals can be attained by carefully monitored and self-generated,  incen-
tive  based  strategies that improve the efficiency and effectiveness of
environmental management and regulation for businesses, communities  and
government; and
  (c)  Integrate  environmental and natural resource goals with economic
and societal goals.
  S 3. In order to achieve the goals set forth  in  subdivision  one  of
section  two  of  this act, the state shall examine an environmental and
natural resource management system that is based on a policy of sustain-
able development and that:
  (1) Establishes clear long term measurable goals and measurable objec-
tives;
  (2) Is incentive based and performance oriented;
  (3) Allows attainment of superior environmental and  natural  resource
management performance by adoption of a performance track in which enti-
ties  would be held accountable for achieving long term measurable goals
but have freedom to choose how to accomplish them;
  (4) Assures predictability for participants;
  (5) Is integrated, cross media, cross agency and flexible;
  (6) Focuses on managing the causes of environmental degradation rather
than simply impacts;
  (7) Concentrates on issues of long term ecological significance; and
  (8) Achieves the objectives of subdivisions  one,  two,  three,  four,
five,  six and seven of this section in the most cost-effective, econom-
ically accommodating and community oriented manner.
  S 4. (1) A sustainable development task force  is  hereby  created  to
conduct  the  examination  described  in  section  three of this act and
determine the viability of adopting  a  goal  oriented  and  performance
based  regulatory system with sustainable development as the overarching
environmental policy for the state.
  (2) The task force shall consist of fifteen members to be appointed as
follows: two shall be appointed by the temporary president of the senate
and one by the minority leader of the senate; two shall be appointed  by
the speaker of the assembly and one by the minority leader of the assem-
bly;  seven shall be appointed by the governor.  The appointees shall be

A. 5362--A                          3

broadly representative of the geographic areas of the state and  include
representatives of industry, public interest groups and local government
and  the public at large. No more than four appointees shall be legisla-
tors.  Commissioners of the department of environmental conservation and
the department of economic development shall be ex-officio members.  The
governor shall designate the chairperson and vice chairperson from among
his  appointees. Vacancies in the membership of the commission and among
its officers shall  be  filled  in  the  manner  provided  for  original
appointments.
  (3)  The  task  force  shall  meet within the state, shall hold public
hearings, and shall have all  the  powers  of  a  legislative  committee
pursuant to the legislative law.
  (4)  The  members  of the task force shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  (5) To the maximum extent feasible, the task force shall  be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources, and data  of  any  court,  department,  division,
board,  bureau,  commission,  or  agency  of  the state or any political
subdivision thereof as it may reasonably request to carry  out  properly
its powers and duties hereunder.
  (6) With the approval of the chairperson of the task force, members of
the task force may participate in meetings of the task force by means of
videoconference or similar equipment that allows all members participat-
ing  in  such  meetings  to see and hear each other at the same time and
allows the public attending the meetings in person to see and  hear  the
members of the commission participating in such manner.
  S  5. In accordance with the requirements established by the sustaina-
ble development task force, the departments of  environmental  conserva-
tion,  economic  development, agriculture and markets, and parks, recre-
ation and historic preservation and any other agency or  public  benefit
corporation  deemed  appropriate  by  the task force shall determine the
following and report to the task force:
  (1) The degree to which a state policy of sustainable development will
assist the agency in carrying out its mission.
  (2) Methods for establishing long term  measurable  goals  to  achieve
sustainable  development, including interim benchmarks from the agency's
perspective.
  (3) How collaboration would occur with other governmental entities and
state agencies under a policy of sustainable development.
  (4) Changes to statutes,  rules,  policies,  intergovernmental  agree-
ments, strategic plans, relationships with private and nonprofit sectors
and  the  agency's organization and processes that would be necessary to
implement a policy of sustainable development.
  (5) Whether resources are being allocated in reasonable proportion  to
the  ecological significance of sustainable development and the resource
allocation changes necessary to bring the allocation into proper propor-
tion.
  (6) The extent to which new systems  can  be  developed,  particularly
incentive  based  programs, to achieve measurable superior environmental
protection and natural resource management.
  S 6. The appointing authorities  shall  appoint  the  members  of  the
sustainable  development  task  force  not  later than 30 days after the
effective date of this act and the task force shall  convene  its  first
meeting not later than 30 days thereafter.

A. 5362--A                          4

  S  7.  The  task force shall make a preliminary report to the governor
and the legislature of its findings, conclusions, and recommendations by
the one hundred eightieth day after the effective date of this act and a
final report of its findings, conclusions, and recommendations not later
than  one  year  after  the effective date of this act, and shall submit
with its reports such legislative proposals as  it  deems  necessary  to
implement its recommendations.
  S  8.  This  act shall take effect on the thirtieth day after it shall
have become a law.