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

                                  4393

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, SCHIMMINGER, SILVER, CAHILL, COOK,
  LUPARDO, LIFTON -- Multi-Sponsored by --  M.  of  A.  BRENNAN,  CLARK,
  COLTON,  GALEF,  GLICK,  GOTTFRIED,  JACOBS, MARKEY, MILLMAN, MORELLE,
  ORTIZ, PAULIN, SCARBOROUGH, SWEENEY, THIELE, WEISENBERG --  read  once
  and referred to the Committee on Economic Development

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.
                                                           LBD02243-01-3
              

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  (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
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

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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.
  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.

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  S 8. This act shall take effect on the thirtieth day  after  it  shall
have become a law.