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BILL NUMBER:S1100A

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: 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 PROVISIONS: Section 1 defines the terms used in this legislation.

Section 2 sets forth 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 30 days of the effective date of this act and that the task force convene its first meeting 30 days thereafter.

Section 7 requires the task force to file a preliminary report with the governor and the legislature by the 180th day after the act's effective date and a final report within a year.

Section 8 sets forth the effective date.

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 by public and private sector interests alike. According to one 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... 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.

With its diversity of natural and cultural resources, New York State is a microcosm of 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:

Energy - The goals of the state energy policy are undermining the state's air quality policy. While the Department of Environmental Conservation is trying to craft a plan to attain more protective health standards for ozone, the Public Service Commission is deregulating the electric industry, one of the most serious sources of air pollution, with the goal of making electricity "dirt cheap", thereby encouraging increased energy consumption. At the same time, the PSC has cut energy efficiency programs.

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 run-off from farms and municipalities. Even though prevention of such pollution is more cost-effective than clean-up, no statewide plan exists for this purpose.

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

Creation of the sustainable development task force is a direct response to this serious problem. 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 have been developed and adopted in a number of locations, in this country and abroad, with remarkable results. States including Minnesota and New Jersey have established plans. 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.

LEGISLATIVE HISTORY: 2011: A05362 (Kavanagh)  - Economic Development 2010: A02320  (Kavanagh) - Passed Assembly 2009: A02320  (Kavanagh) - Passed Assembly 2008: A07489  (Kavanagh) - Passed Assembly 2007: A03684  (Grannis)  - Economic Development 2006: A01677  (Grannis)  - Passed Assembly 2001: A05676  (Grannis)  - Passed Assembly 2000: A08490A (Grannis)  - Passed Assembly 1999: A08490  (Grannis)  - Passed Assembly

FISCAL IMPACT ON THE STATE: Minimal

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

Text

STATE OF NEW YORK
________________________________________________________________________

1100--A

2011-2012 Regular Sessions

IN SENATE

January 5, 2011
___________

Introduced  by  Sens.  PARKER, ADAMS, PERKINS, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Commerce,  Economic  Development  and Small Business -- recommitted to
  the Committee on Commerce, Economic Development and Small Business  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01618-03-2
S. 1100--A                          2

  (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
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
S. 1100--A                          3

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.
  (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
S. 1100--A                          4

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.