NY State Senate Bill 2013-S2638

Senate Bill S2638

2013-2014 Legislative Session

Creates a sustainable development task force to study the feasibility of adopting a regulatory system to achieve goal of sustainable development

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Archive: Last Bill Status - In Senate Committee Infrastructure And Capital Investment Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to infrastructure and capital investment
Feb 01, 2013	committee discharged and committed to infrastructure and capital investment
Jan 23, 2013	referred to finance

co-Sponsors

2013-S2638 (ACTIVE) - Details

See Assembly Version of this Bill:: A4393
Current Committee:: Senate Infrastructure And Capital Investment
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4293, A2320
2011-2012: S1100, A5362
2015-2016: S1586, A5793
2017-2018: S3642
2019-2020: S4554
2021-2022: S5002
2023-2024: S6197

2013-S2638 (ACTIVE) - Summary

Creates a fifteen member sustainable development task force to study the feasibility of adopting a goal oriented and performance based regulatory system to achieve the goal of sustainable development in the state; sets forth certain goals and makes provision for organization of the task force.

2013-S2638 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2638

TITLE OF BILL:  An act creating a sustainable development task force
to study the feasibility of adopting goal oriented and performance
based regulatory systems to achieve a goal of sustainable development
for the state of New York

PURPOSE OR GENERAL IDEA OF BILL:  This legislation is intended to
create a task force to study the feasibility of adopting a regulatory
system to achieve the goals of sustainable development.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 defines the terms used in this legislation.

Section 2 sets out the legislative findings.

Section 3 requires that the state examine an environmental and natural
resource management system based on a policy of sustainable
development.

Section 4 creates a sustainable development task force.

Section 5 requires that each natural resource agency, as defined in
the legislation, shall report to the task force on the effect of a
sustainable development policy on the agencies operation, determine

how to measure progress toward sustainable development, and how to
collaborate with other government entities on sustainable development.

Section 6 requires that members of the task force be appointed within
90 days of the effective date of this act.

Section 7 requires the task force to file preliminary and final
reports with the governor and the legislature.

JUSTIFICATION:  Sustainable development provides a high quality of
life for present and future generations by enabling people to meet
their current needs without compromising the ability of future
generations to meet their needs as well. Conventional environmental
management strategies in New York and nationwide, are failing to
achieve this goal and have become a source of growing concern to
public and private sector interests alike. According to one analyst's
assessment: "The United States does not really have an integrated
system for tackling environmental pollution, but rather a potpourri of
ad hoc, media-specific environmental laws enforced by the states and
the U.S.  Environmental Protection Agency. These laws overlap and
frequently conflict. Given the current state of affairs, the U,S,
federal government and almost all the states have recently (and
understandably) begun looking for better ways of doing business."
(Beardsley, Dan et al., "Improving Environmental Management: what
works, what doesn't, Environment," September, 1997).

New York is not an exception to that rule. With its diversity of
natural and cultural resources, New York State mirrors the
environmental threats and opportunities facing much of the world, Home
of the nation's largest city, as well as the largest park outside of


Alaska, New York has been a leader in establishing laws and
regulations intended to protect the environment and public health. The
constitutionally protected state Forest Preserve, the nation's first
acid deposition control legislation, and a dedicated environmental
protection fund, all exemplify New York's deep-seated concern for the
environment.

Despite such accomplishments however, the state's air, water, and land
continue to suffer, as does the quality of life in communities under
increasing pressure from sprawl and congestion. These conditions are
the result of operating without clear goals and objectives for the
future health of New York's environment, economy, and community well
being. On virtually every environmental front, the state lacks
long-term policies capable of achieving the goal of sustainable
development, and in fact is often working at cross-purposes. Examples
of the conflicting and incoherent policies that stifle environmental
progress include:

I. Energy - The goals of the state's energy policies are undermining
the state's air quality policy. While the Department of Environmental
Conservation (DEC) began trying to craft a plan to attain more
protective health standards for ozone, the Public Service Commission
(PSC) began deregulating the electric industry, one of the most
serious sources of air pollution. The PSC's stated deregulatory goal
in 1996 was to make electricity "dirt cheap", thereby encouraging
increased energy consumption. At the same time, however, the PSC began
cutting energy efficiency programs and demand reduction programs.

II. Water Quality - The 1996 Clean Water/Clean Air Bond Act allocates
hundreds of millions of dollars to clean up surface water pollution
contaminated by toxic chemicals and runoff from farms and
municipalities Even though prevention of such pollution is more
cost-effective than clean-up, no statewide plan has existed for this
purpose.

III. Pesticides - The State spends millions of dollars to collect and
collate information on pesticide use and sales. None of the money,
however, has traditionally been available for reducing overall
pesticide usage or to provide farmers with incentives for practicing
sustainable agriculture.

The direct and sensible approach to these serious problems is to
create the sustainable development task force. In an unprecedented
initiative, the sustainable development task force will study the
feasibility of adopting an integrated environmental management
strategy that achieves a competitive and balanced economy, a healthy
environment, and communities that provide a good quality of life for
current and future generations of New Yorkers.

Accomplishing this objective will require the task force to examine
the feasibility of establishing clear long term measurable goals for
environmental and natural resources stewardship along with measurable
objectives and interim benchmarks to monitor progress towards the
goals. It will also require the study of a performance based system in
which long term measurable goals can be attained by carefully
monitored and self-generated, incentive based strategies that improve


the efficiency and effectiveness of environmental management and
regulation for business, communities, and government.

Such systems are now being developed and adopted in a growing number
of locations, in this country and abroad, with remarkable results. A
number of states, including Minnesota and New Jersey have established
plans, and Oregon's plan was funded in 2005, and refunded in 2008.
There have also been a number of county-level sustainable development
task forces enacted around the United States.

The longest running and most successful example worldwide is the
National Environmental Policy Plan of the Netherlands, adopted in 1989
with the ambitious goal of achieving a sustainable economy in a single
generation The plan integrates all environmental areas as one
coherent, ecosystem-based policy and is responsible for a "decoupling"
of the economy and environment; the gross domestic product of the
Netherlands continues to climb even as environmental pressures decline
dramatically. The Dutch plan enjoys broad support that includes more
than 250,000 businesses.

PRIOR LEGISLATIVE HISTORY:  2011-12: S.1100A/A.5362A - Referred to
Commerce, Economic Development 2009-10: S.4293/A.2320 - Referred to
Commerce, Economic Development and Small Business/Passed Assembly
2008-09: A.7489 - Passed Assembly 2007-08: A.3684 - Economic
Development 2006-07: A.1677 - Passed Assembly 2005-06: A.1677 - Passed
Assembly 2001-02: A.5676 - Passed Assembly 2000-01: A.8490A - Passed
Assembly 1999-00: A.8490 - Passed Assembly

FISCAL IMPLICATIONS:  Minimal.

EFFECTIVE DATE :  This act shall take effect on the 30th day after it
shall have become law.

2013-S2638 (ACTIVE) - Bill Text download pdf

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

                                  2638

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  PARKER, ADAMS, PERKINS, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

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
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02243-01-3

S. 2638                             2

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
his appointees. Vacancies in the membership of the commission and  among
its  officers  shall  be  filled  in  the  manner  provided for original
appointments.

S. 2638                             3

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

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Senate Bill S2638

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Sponsored By

Kevin S. Parker