Senate Bill S5200

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5200
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to establish the New York state reforest, restore and sustainable
   agriculture commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The state of New York, the nation and
 the world are facing a climate emergency. There has been a dramatic loss
 of forests and ecological habitat worldwide. A summary report issued  in
 May 2019 by the intergovernmental science-policy platform on biodiversi-
 ty  and  ecosystem  services  of the United Nations concludes that human
 activity is leading an unprecedented number of species  into  extinction
 which  are  critical  for human survival. Human-made climate change is a
 result of increased greenhouse gases, including carbon dioxide.  Forests
 and  other  ecosystems  act as natural carbon sinks, which absorb carbon
 and reduce the impact of climate change. The commission  shall  seek  to
 find  out  the extent of such loss and to make recommendations for their
 preservation, conservation, mitigation, restoration  and  expansion  for
 the  purpose  of stopping climate catastrophe, ensuring clean water, air
 and land for the public health and  strong  economy,  promoting  outdoor
 recreation and preserving our natural resources and cultural heritage.
   §  2.  A temporary state commission, to be known as the New York state
 reforest, restore  and  sustainable  agriculture  commission,  hereafter
 referred  to  as  the commission, is hereby created to evaluate and make
 recommendations concerning the reforestation and restoration of  forests
 and ecological habitats in the state of New York.
   §  3.  (a)  The  commission  shall consist of seventeen members, to be
 appointed as follows: four members to  be  appointed  by  the  governor;
 three  members to be appointed by the temporary president of the senate;
 three members to be appointed by the speaker of the assembly; one member
 to be appointed by the minority leader of the senate; one member  to  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05635-01-1

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 appointed  by  the  minority  leader  of  the assembly; one member to be
 appointed by the commissioner of environmental conservation  or  his  or
 her designee; one member to be appointed by the commissioner of agricul-
 ture  and  markets or his or her designee; one member to be appointed by
 the commissioner of the office of parks, recreation and historic preser-
 vation or his or her designee; one member to be appointed by the  execu-
 tive  director of the Adirondack park agency or his or her designee; and
 one member to be appointed by the director of the canal  corporation  or
 his  or  her designee.   The governor shall designate the chairperson of
 the commission. Vacancies in the membership of the commission and  among
 its  officers  shall  be  filled  in  the  manner  provided for original
 appointments or designations.
   (b) The members of the commission shall receive  no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred  in the performance of their duties under this act. The commis-
 sion may employ and at pleasure remove such personnel  as  it  may  deem
 necessary  for  the  performance  of its functions and fix their compen-
 sation within the amounts made available by appropriation therefor.
   (c) The department of environmental  conservation  shall  provide  the
 commission  such  facilities,  assistance,  and  data as will enable the
 commission to carry out its powers and duties.  Additionally, all  other
 departments  or  agencies of the state or subdivisions thereof shall, at
 the request of the chairperson, provide the commission such  facilities,
 assistance,  and  data  as  will  enable the commission to carry out its
 powers and duties.
   § 4. The commission shall evaluate and  make  recommendations  on  the
 following three major areas:
   (a)  Forests  and  ecological  habitats. Explore the extent of loss or
 degradation of forests and ecological habitats, including wildlife, both
 flora and fauna in the state of New York  and  find  ways  to  mitigate,
 restore  and  prevent  future  loss  and degradation of such forests and
 habitats.
   (b) Preservation  and  restoration  of  other  natural  resources  and
 ecological  habitats,  including  both  flora and fauna wildlife, in the
 state of New York. The commission shall research the loss  and  degrada-
 tion  of  natural  resources  other  than  forests,  including wetlands,
 streams, rivers, lakes, ponds,  coastlines,  waterways,  grasslands  and
 open spaces generally. Open space shall be defined as an area of land or
 water  that  either remains in its natural state or is used for agricul-
 ture, free  from  intensive  development  for  residential,  commercial,
 industrial or institutional use. Open space can be publicly or privately
 owned  and shall include agricultural and forest land, undeveloped coas-
 tal and estuarine lands, undeveloped  scenic  lands,  public  parks  and
 preserves. It shall also include bodies of water such as lakes and bays.
   (c)  Sustainable agriculture. The commission shall investigate various
 forms of sustainable agriculture as defined in 7 USC 3103  as  an  inte-
 grated  system  of  plant and animal production practices having a site-
 specific application that will over the long term satisfy human food and
 fiber needs, enhance environmental quality and the natural resource base
 upon which the agricultural  economy  depends,  make  efficient  use  of
 nonrenewable resources and on-farm resources and integrate, where appro-
 priate,  natural  biological  cycles  and controls, sustain the economic
 viability of farm operations and enhance the quality of life for farmers
 and society overall. The basic goals of sustainable agriculture shall be
 environmental health, economic profitability, and  social  and  economic
 equity,  seek  to  better  the  conditions and treatment of farmworkers,

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 including migrant workers, improve the humane treatment of farm animals,
 and explore "carbon farming", which shall  mean  farming  methods  which
 reduce  greenhouse gas emissions and/or capture and hold carbon in vege-
 tation  and  soils.  Carbon  farming  shall  cover small changes in land
 management, such as introducing  no-till  cropping,  stubble  retention,
 agroforestry, or methane-reducing feed supplements.
   §  5.  (a)  For the accomplishment of its purposes, the commission may
 meet and hold public and/or  private  hearings  within  or  without  the
 state, and shall have all the powers of a legislative committee pursuant
 to  the  legislative  law. The commission is authorized and empowered to
 undertake any studies, inquiries, surveys or analyses it may deem  rele-
 vant  through  its  own personnel or in cooperation with or by agreement
 with any other public or private agency.
   (b) To the maximum extent feasible, the  commission  may  request  and
 shall be entitled to receive and shall utilize and be provided with such
 facilities,  resources and data from any court in the state and from any
 subdivision, department, board, bureau, commission,  office,  agency  or
 other instrumentality of the state or of any political subdivision ther-
 eof  as  it deems necessary or desirable for the proper execution of its
 powers and duties and to effectuate the purposes set forth in this act.
   (c) The commission is hereby authorized and empowered  to  enter  into
 any  agreements  and  to  do and perform any acts that may be necessary,
 desirable or proper to carry out the purposes  and  objectives  of  this
 act.
   §  6.  The  commission  shall make recommendations and a report of its
 findings. The commission shall submit such  recommendations  and  report
 developed  by it relating to issues involving: (a) the reforestation and
 restoration of forests and ecological habitats in the state of New York;
 (b) the preservation and restoration  of  other  natural  resources  and
 ecological  habitats,  including  wildlife, both flora and fauna, in the
 state of New York; and (c) the promotion of sustainable  agriculture  in
 the  state of New York. The report shall include any recommendations for
 legislative action as it may deem  necessary  and  appropriate,  to  the
 governor,  the  temporary president of the senate and the speaker of the
 assembly no later than December 1, 2022.
   § 7. This act shall take effect immediately.