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

                                  2320

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, SCHIMMINGER, SILVER, HOYT, CAHILL,
  P. RIVERA, COOK, STIRPE, LUPARDO -- Multi-Sponsored by  --  M.  of  A.
  BRENNAN,  CANESTRARI, CLARK, COLTON, DESTITO, GALEF, GLICK, GOTTFRIED,
  GREENE, JACOBS, JOHN, MARKEY,  McENENY,  MILLMAN,  MOLINARO,  MORELLE,
  ORTIZ,  PAULIN,  PHEFFER,  SCARBOROUGH,  SWEENEY, THIELE, TOWNS, WEIN-
  STEIN, WEISENBERG -- read  once  and  referred  to  the  Committee  on
  Economic Development, Job Creation, Commerce and Industry

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:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD01774-01-9

A. 2320                             2

  (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, each to serve for
a  term of two years, 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 assembly; seven shall be appointed by
the governor.  The appointees shall be  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 legislators. Commissioners of the
department of environmental conservation and the department of  economic
development  shall  be  ex-officio members. The governor shall designate

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the chairman and vice chairman 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 may employ and at pleasure remove such personnel as
it may deem necessary for the performance of its functions and fix their
compensation within the amounts made available therefor.
  (4)  The  task force may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee pursuant to the legislative law.
  (5)  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.
  (6) 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.
  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 on or before 90 days after this act
shall have become a law and the task force shall convene its first meet-
ing on or before 60 days thereafter.
  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 twentieth day after the act establishing the task force
shall take effect and a final report of its findings,  conclusions,  and
recommendations  not  later than one year after the act establishing the
task force shall take effect, and shall submit  with  its  reports  such
legislative proposals as it deems necessary to implement its recommenda-
tions.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.