Assembly Bill A5390

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5390--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   including efforts to combat the biodiversity and climate crises in the
   state's land acquisition policy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 49-0207 of the environmental conservation law, as
 added by chapter 146 of the laws of 1990, is amended to read as follows:
 § 49-0207. State land acquisition plan.
   1. IT SHALL BE THE POLICY OF THE STATE TO SUPPORT  AND  CONTRIBUTE  TO
 NATIONAL  EFFORTS  TO  CONSERVE AT LEAST THIRTY PERCENT OF UNITED STATES
 LANDS AND INLAND WATERS AND AT LEAST THIRTY  PERCENT  OF  UNITED  STATES
 OCEAN  AREA  BY  THE  YEAR  TWO  THOUSAND THIRTY. The department and the
 office shall prepare a state land acquisition plan to guide selection of
 projects for state  acquisition  OR  CONSERVATION  taking  into  account
 regional advisory committee priorities and the department's and office's
 assessment  of  need for land acquisition projects. SUCH PLAN SHALL ALSO
 TAKE INTO ACCOUNT THE GOAL OF THE STATE TO FACILITATE  THE  CONSERVATION
 OF  AT  LEAST  THIRTY  PERCENT OF LAND IN NEW YORK STATE BY THE YEAR TWO
 THOUSAND THIRTY, IN AN EFFORT TO  COMBAT  THE  GLOBAL  BIODIVERSITY  AND
 CLIMATE  CRISES  AND  CONTRIBUTE  TO  THE NATIONAL GOAL. Such plan shall
 include an identification of:
   a. lands, by region and  category,  for  which  acquisition  OR  OTHER
 CONSERVATION is of a high priority in order to carry out the purposes of
 this title;
   b.  lands,  by  region,  having  statewide  or regional environmental,
 historic, cultural or recreational significance that are threatened with
 diminishment of resource value;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07554-05-1
              

 A. 5390--A                          2
 
   c. the department's and office's priorities of categories of land,  by
 region, for future acquisition OR OTHER CONSERVATION; [and]
   d.  lands,  by  region,  having  statewide  or regional environmental,
 historic, cultural or recreational significance which should be  consid-
 ered for state acquisition OR OTHER CONSERVATION, but which do not qual-
 ify for acquisition under present law; AND
   E.  STRATEGIES  AND  A METHODOLOGY TO ACHIEVE THE GOAL OF THE STATE TO
 CONSERVE AT LEAST THIRTY PERCENT OF LAND IN NEW YORK STATE BY  THE  YEAR
 TWO THOUSAND THIRTY, INCLUDING, BUT NOT LIMITED TO:
   (I)  SAFEGUARDS  FOR  THE STATE'S ECONOMIC AND SUSTAINABILITY AND FOOD
 SECURITY;
   (II) PROTECTIONS AND RESTORATION PROJECTS FOR BIODIVERSITY;
   (III) ENABLING ENDURING CONSERVATION MEASURES, TO BE  DEFINED  IN  THE
 PLAN,  ON  A  BROAD  RANGE  OF LANDSCAPES, INCLUDING URBAN, SUBURBAN AND
 RURAL NATURAL AREAS, WATERSHEDS, AND  WORKING  LANDS,  URBAN  AND  RURAL
 AGRICULTURAL  LANDS,  AND  RESILIENT AND CONNECTED LANDS, IN PARTNERSHIP
 WITH LAND MANAGERS, FARMERS, AND OTHER STAKEHOLDER GROUPS;
   (IV) BUILDING CLIMATE RESILIENCE, REDUCING RISK FROM  EXTREME  CLIMATE
 EVENTS,  AND  CONTRIBUTING  TO  THE  STATE'S  EFFORT TO MITIGATE CLIMATE
 CHANGE; AND
   (V) EXPANDING ACCESS TO NATURE AND NATURE'S BENEFITS IN COMMUNITIES IN
 EVERY REGION OF THE STATE, AND EXPANDING EQUITABLE  OUTDOOR  ACCESS  AND
 RECREATION.
   2.  Such  plan  shall  include consideration of the inventory prepared
 pursuant to section 49-0205 of this title and shall identify those areas
 within the state which are not adequately protected in such categories.
   3. In preparing such plan, the department and office shall:
   a. conduct one or more public hearings in  each  of  the  department's
 administrative regions.
   b. consult with:
   (i) the regional advisory committees;
   (ii)  officials of departments and agencies of the state having duties
 and  responsibilities  concerning  the  protection  of  open  space  and
 natural, environmental, historic, cultural or recreational resources;
   (iii) officials and representatives of local governments in the state;
 and
   (iv) persons, organizations and groups interested in the protection of
 open space and natural, environmental, historic, cultural or recreation-
 al resources of the state.
   c.  STRATEGICALLY PRIORITIZE INVESTMENTS IN COOPERATIVE, HIGH-PRIORITY
 ACTIONS THAT PROMOTE BIODIVERSITY PROTECTION, HABITAT RESTORATION, WILD-
 FIRE-RESILIENCY, REGENERATIVE  AGRICULTURE,  SUSTAINABLY  MANAGED  LAND-
 SCAPES, WATERSHED PROTECTION AND OTHER CONSERVATION OUTCOMES.
   D.  IMPLEMENT  ACTIONS TO INCREASE THE PACE AND SCALE OF ENVIRONMENTAL
 CONSERVATION, RESTORATION, AND LAND MANAGEMENT EFFORTS  BY  STREAMLINING
 THE  STATE'S PROCESSES TO APPROVE AND FACILITATE SUCH EFFORTS AND REDUC-
 ING THE TIME IT TAKES TO COMPLETE PROJECTS.
   E. COLLABORATE WITH FEDERAL AND STATE RESEARCH INSTITUTIONS TO UTILIZE
 INNOVATIVE SCIENTIFIC OBSERVATION TECHNOLOGY, AND WITH  TRIBAL  PARTNERS
 TO  INCORPORATE TRIBAL EXPERTISE AND TRADITIONAL ECOLOGICAL KNOWLEDGE TO
 BETTER UNDERSTAND THE STATE'S BIODIVERSITY AND THREATS TO SUCH BIODIVER-
 SITY.
   F. INCLUDE STRATEGIES TO PARTICIPATE IN REGIONAL, NATIONAL, AND INTER-
 NATIONAL EFFORTS TO ADVANCE BIODIVERSITY PROTECTION AND HELP TO  PREVENT
 EXTINCTIONS ACROSS THE PLANET.

 A. 5390--A                          3

   G.  request  and receive from any department, division, board, bureau,
 commission or any other agency of the state or any political subdivision
 thereof or any public authority such  assistance  and  data  as  may  be
 necessary to enable the department and office to carry out its responsi-
 bilities under this section.
   4.  THE  DEPARTMENT,  IN  COOPERATION WITH ANY OTHER STATE AGENCIES IT
 SHALL DEEM NECESSARY, SHALL USE EXISTING AUTHORITIES  AND  RESOURCES  TO
 IDENTIFY  AND  IMPLEMENT  NEAR-TERM  AND LONG-TERM ACTIONS TO ACCELERATE
 NATURAL REMOVAL OF CARBON FROM THE ATMOSPHERE AND TO BUILD CLIMATE RESI-
 LIENCE IN THE STATE'S FORESTS, WETLANDS, WATERSHEDS, URBAN  GREENSPACES,
 AGRICULTURAL  SOILS, AND LAND CONSERVATION ACTIVITIES IN WAYS THAT SERVE
 ALL COMMUNITIES, INCLUDING  LOW-INCOME,  DISADVANTAGED,  AND  VULNERABLE
 COMMUNITIES.
   5.  The  department  and  office  shall prepare a draft plan and shall
 propose, no later than [January thirty-first] FEBRUARY FIRST,  [nineteen
 hundred  ninety-one] TWO THOUSAND TWENTY-TWO, a schedule of public hear-
 ings thereon.
   [5.] 6. On or before [January thirty-first] FEBRUARY FIRST,  [nineteen
 hundred  ninety-two]  TWO  THOUSAND  TWENTY-THREE  and every three years
 thereafter, the department and office  shall  submit  the  plan  to  the
 governor,  the  majority  leader  of  the  senate and the speaker of the
 assembly. Upon approval by the governor such plan shall become  a  guide
 for the implementation of the acquisition programs of the department and
 office.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5390--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by M. of A. FAHY, SIMON, THIELE, GRIFFIN, STECK -- read once
   and referred to the Committee on Environmental Conservation -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said  committee -- again reported from said committee with
   amendments, ordered reprinted  as  amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   setting conservation goals for the  state  and  including  efforts  to
   combat  the biodiversity and climate crises in the state's land acqui-
   sition policy; and providing for the repeal of  such  provisions  upon
   the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 49-0113 to read as follows:
 § 49-0113. THIRTY BY THIRTY CONSERVATION GOAL.
   1.  IT  SHALL  BE  THE  GOAL OF THE STATE TO SUPPORT AND CONTRIBUTE TO
 NATIONAL EFFORTS TO CONSERVE AT LEAST THIRTY PERCENT  OF  UNITED  STATES
 LANDS  AND  INLAND  WATERS  AND AT LEAST THIRTY PERCENT OF UNITED STATES
 OCEAN AREAS BY THE YEAR TWO THOUSAND THIRTY.
   2. THE DEPARTMENT IN CONSULTATION WITH THE COMMISSIONER OF THE  OFFICE
 OF PARKS, RECREATION AND HISTORIC PRESERVATION, SHALL DEVELOP STRATEGIES
 AND A METHODOLOGY TO ACHIEVE THE GOAL, INCLUDING BUT NOT LIMITED TO:
   (A) COORDINATION WITH THE STATE LAND ACQUISITION PLAN;
   (B)  PRIORITIZING  PROTECTIONS FOR WATER SOURCES AND SOLE SOURCE AQUI-
 FERS, INCLUDING WETLANDS PROTECTIONS;
   (C) PROTECTIONS AND RESTORATION PROJECTS FOR PRESERVING AND INCREASING
 BIODIVERSITY, INCLUDING HABITAT RESTORATION, WITH A FOCUS ON HABITATS OF
 ENDANGERED AND THREATENED  SPECIES  INCLUDING  RESILIENT  AND  CONNECTED
 LANDS  AND  CORRIDORS PROVIDING MEANS FOR WILDLIFE MIGRATION AND HABITA-
 TION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07554-08-1

 A. 5390--B                          2
 
   (D) EXPANDING ACCESS TO NATURE AND  NATURE'S  BENEFITS  AND  EQUITABLE
 OUTDOOR ACCESS IN COMMUNITIES IN EVERY REGION;
   (E)  CONSIDERATION  OF  A  BROAD  RANGE OF LANDSCAPES INCLUDING URBAN,
 SUBURBAN AND RURAL NATURAL AREAS, WETLANDS, FORESTS, AND WATERSHEDS;
   (F) CONSIDERATION OF THE STATE'S  ECONOMIC  SUSTAINABILITY,  INCLUDING
 PRESERVATION  OF  FOOD  SECURITY AND CONSULTATION WITH THE DEPARTMENT OF
 AGRICULTURE AND MARKETS ON ISSUES RELATED TO  FARMLAND  PRESERVATION  OF
 WORKING LANDS;
   (G)  INCREASING  CLIMATE  RESILIENCE,  INCLUDING  REDUCING  RISK  FROM
 EXTREME WEATHER EVENTS INCLUDING COOLING URBAN  LANDSCAPES  AND  NATURAL
 SOLUTIONS TO PREVENT EROSION AND FLOODING;
   (H)  COLLABORATION  WITH  FEDERAL  AND  STATE RESEARCH INSTITUTIONS TO
 UTILIZE INNOVATIVE SCIENTIFIC OBSERVATION TECHNOLOGY  TO  BETTER  UNDER-
 STAND THE STATE'S CONSERVATION NEEDS AND BIODIVERSITY AND THREATS THERE-
 TO;
   (I)  IMPLEMENTING  ACTIONS  IN A MANNER THAT INCLUDES CONSIDERATION OF
 THE URGENCY OF MEETING THE GOAL WHILE STILL PRESERVING PUBLIC INPUT  AND
 INVOLVEMENT;
   (J) COLLABORATION WITH TRIBAL PARTNERS TO INCORPORATE TRIBAL EXPERTISE
 AND  TRADITIONAL  ECOLOGICAL  KNOWLEDGE TO BETTER UNDERSTAND THE STATE'S
 CONSERVATION NEEDS AND BIODIVERSITY AND THREATS THERETO; AND
   (K) PARTICIPATING IN REGIONAL, NATIONAL, AND INTERNATIONAL EFFORTS  TO
 ADVANCE BIODIVERSITY PROTECTION, INCLUDING PREVENTING EXTINCTIONS.
   3.  CONSERVATION  MEASURES  SHALL BE UNDERTAKEN IN WAYS THAT SERVE ALL
 COMMUNITIES, INCLUDING LOW-INCOME, DISADVANTAGED AND VULNERABLE COMMUNI-
 TIES.
   4. THE DEPARTMENT AND OFFICE SHALL PREPARE  A  DRAFT  PLAN  AND  SHALL
 PROPOSE NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-TWO, A SCHEDULE OF
 PUBLIC HEARINGS THEREON.
   5.  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-THREE AND EVERY THREE
 YEARS THEREAFTER, THE DEPARTMENT AND OFFICE SHALL SUBMIT  THE  PLAN  AND
 ANY RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE.
   §  2.  Section 49-0207 of the environmental conservation law, as added
 by chapter 146 of the laws of 1990, is amended to read as follows:
 § 49-0207. State land acquisition plan.
   1. The department and the office shall prepare a state  land  acquisi-
 tion  plan  to  guide selection of projects for state acquisition taking
 into account regional advisory committee priorities and the department's
 and office's assessment of need for land acquisition projects. SUCH PLAN
 SHALL ALSO TAKE INTO ACCOUNT THE GOAL OF THE  STATE  TO  FACILITATE  THE
 CONSERVATION OF AT LEAST THIRTY PERCENT OF LAND IN NEW YORK STATE BY THE
 YEAR  TWO  THOUSAND  THIRTY PURSUANT TO SECTION 49-0113 OF THIS ARTICLE.
 Such plan shall include an identification of:
   a. lands, by region and category, for which acquisition is of  a  high
 priority in order to carry out the purposes of this title;
   b.  lands,  by  region,  having  statewide  or regional environmental,
 historic, cultural or recreational significance that are threatened with
 diminishment of resource value;
   c. the department's and office's priorities of categories of land,  by
 region, for future acquisition; and
   d.  lands,  by  region,  having  statewide  or regional environmental,
 historic, cultural or recreational significance which should be  consid-
 ered  for  state  acquisition,  but which do not qualify for acquisition
 under present law.

 A. 5390--B                          3
 
   2. Such plan shall include consideration  of  the  inventory  prepared
 pursuant to section 49-0205 of this title and shall identify those areas
 within the state which are not adequately protected in such categories.
   3. In preparing such plan, the department and office shall:
   a.  conduct  one  or  more public hearings in each of the department's
 administrative regions.
   b. consult with:
   (i) the regional advisory committees;
   (ii) officials of departments and agencies of the state having  duties
 and  responsibilities  concerning  the  protection  of  open  space  and
 natural, environmental, historic, cultural or recreational resources;
   (iii) officials and representatives of local governments in the state;
 and
   (iv) persons, organizations and groups interested in the protection of
 open space and natural, environmental, historic, cultural or recreation-
 al resources of the state.
   c. request and receive from any department, division,  board,  bureau,
 commission or any other agency of the state or any political subdivision
 thereof  or  any  public  authority  such  assistance and data as may be
 necessary to enable the department and office to carry out its responsi-
 bilities under this section.
   4. The department and office shall prepare  a  draft  plan  and  shall
 propose,  no  later  than January thirty-first, nineteen hundred ninety-
 one, a schedule of public hearings thereon.
   5. On or before January thirty-first, nineteen hundred ninety-two  and
 every three years thereafter, the department and office shall submit the
 plan  to the governor, the majority leader of the senate and the speaker
 of the assembly. Upon approval by the governor such plan shall become  a
 guide  for the implementation of the acquisition programs of the depart-
 ment and office.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2031.