S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2411
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend chapter 464 of the laws of 2016 relating to creating the
   New York state ocean acidification task force, in relation to  reports
   by the New York state ocean acidification task force and to the effec-
   tiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of chapter 464 of the laws of 2016,  relating  to
 creating  the  New York state ocean acidification task force, is amended
 to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, [2019] 2023.
   §  2. Section 1 of chapter 464 of the laws of 2016, relating to creat-
 ing the New York state ocean acidification task  force,  is  amended  to
 read as follows:
   Section 1. New York state ocean acidification task force. 1.  There is
 hereby established, within the department of environmental conservation,
 an  ocean acidification task force ("task force") which shall consist of
 14 members who shall be appointed as follows:
   (a) the commissioner of  environmental  conservation  or  his  or  her
 designee;
   (b) the secretary of state or his or her designee;
   (c)  the  commissioner of the office of general services or his or her
 designee;
   (d) two members appointed by the governor;
   (e) two members to be appointed by  the  temporary  president  of  the
 senate;
   (f) two members to be appointed by the speaker of the assembly;
   (g) one member to be appointed by the minority leader of the senate;
   (h) one member to be appointed by the minority leader of the assembly;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08649-02-9

 S. 2411                             2
 
   (i) one member to be appointed by the mayor of the city of New York;
   (j)  one  member to be appointed by the county executive of the county
 of Nassau; and
   (k) one member to be appointed by the county executive of  the  county
 of Suffolk.
   2.  The  at large members should include individuals with expertise in
 one or more of the following areas: climatology;  hydrology;  economics;
 marine fisheries including commercial and/or recreational fishing; envi-
 ronmental;  aquaculture;  oceanography  or  coastal ocean science; ocean
 acidification; and ecology or environmental biology.
   3. Task force members shall receive no compensation for their services
 but shall be reimbursed for actual and necessary  expenses  incurred  in
 the performance of their duties.
   4.  The  chairperson  of  the  task force shall be the commissioner of
 environmental conservation or his or her designee. The task force  shall
 meet  no  less  than  four  times  and at other times at the call of the
 chairperson.
   5. Any vacancies on the task force  shall  be  filled  in  the  manner
 provided for in the initial appointment.
   6.  The  task  force  shall  be authorized to hold public hearings and
 meetings to enable it to accomplish its duties AND SHALL  AT  A  MINIMUM
 HOLD AT LEAST ONE HEARING ON THE INTERIM REPORT.
   7.  The  task  force  may  consult  with any organization, educational
 institution, other government entity or agency or person including,  but
 not  limited  to,  the national [ocean] OCEANIC and atmospheric adminis-
 tration, in the development of its report required by subdivision 10  of
 this section.
   8. The department of environmental conservation shall provide the task
 force  with such facilities, assistance and data as will enable the task
 force to carry out its powers and duties.  Additionally, all other agen-
 cies of the state or subdivisions thereof may, at  the  request  of  the
 chairperson,  provide  the  task force with such facilities, assistance,
 and data as will enable the task force  to  carry  out  its  powers  and
 duties.
   9.  The  purpose  of the New York state ocean acidification task force
 shall be to identify the causes and factors contributing to ocean acidi-
 fication and evaluating ways of addressing the problem by  applying  the
 best  available  science  as  to ocean acidification and its anticipated
 impacts.
   10. NO LATER THAN DECEMBER 31, 2021, THE TASK FORCE  WILL  PREPARE  AN
 INTERIM  REPORT CONTAINING THE CRITERIA IDENTIFIED IN SUBDIVISION ELEVEN
 OF THIS SECTION.
   11. No later than December 31, [2018] 2022, the task force shall tran-
 smit to the governor, the temporary president  of  the  senate  and  the
 speaker of the assembly a FINAL report containing the following:
   (a) an assessment of the anticipated impacts related to ocean acidifi-
 cation;
   (b)  recommendations related to mechanisms New York could establish to
 provide stronger, more protective standards, and the implementation  and
 enforcement of such standards in the context of ocean acidification;
   (c)  recommendations regarding adaptive measures which may be taken to
 respond to ocean acidification, including measures to:
   (i) identify and monitor  early  effects  of  ocean  acidification  on
 marine life, animals, plants and natural communities; and
   (ii)  integrate  ocean acidification mitigation and adaptation strate-
 gies into state environmental plans;

 S. 2411                             3
 
   (d) recommendations on state and  local  regulatory  and/or  statutory
 alterations to respond to the impacts of ocean acidification;
   (e) review existing scientific literature and data on ocean acidifica-
 tion  and  how it has directly or indirectly affected or may potentially
 affect commercially harvested and grown species along the coast;
   (f) identify and monitor the factors contributing to ocean  acidifica-
 tion; [and]
   (g)  recommendations  to increase public awareness of ocean acidifica-
 tion[.]; AND
   (H) AN ASSESSMENT OF THE PUBLIC COMMENTS RECEIVED AT ANY HEARING.
   § 3. Notwithstanding the  provisions  of  article  5  of  the  general
 construction  law,  the  provisions  of chapter 464 of the laws of 2016,
 relating to creating the New York state ocean acidification task  force,
 as  amended  by sections one and two of this act, are hereby revived and
 shall continue in full force and effect as such  provisions  existed  on
 January 1, 2019.
   §  4. This act shall take effect immediately; provided that the amend-
 ments to section 1 of chapter 464 of the laws of 2016 relating to creat-
 ing the New York state ocean acidification task force  made  by  section
 two of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.