STATE OF NEW YORK ________________________________________________________________________ 4554 2019-2020 Regular Sessions IN SENATE March 14, 2019 ___________ Introduced by Sen. PARKER -- 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: 1 Section 1. As used in this act, the term: 2 (1) "Benchmarks" means interim indicators that measure the progress in 3 achieving measurable objectives and long term measurable goals. 4 (2) "Long term measurable goals" means the attainment of the condition 5 for a parameter that is necessary to achieve sustainable development 6 within 25 years. 7 (3) "Measurable objectives" means measurable achievements at specific 8 points in time, typically in two- to five-year segments that over the 9 duration achieve long term measurable goals. 10 (4) "Sustainable development" means managing the use, development and 11 protection of natural and physical resources in a way, or at a rate, 12 that enables people to meet their current needs without compromising the 13 ability of future generations to meet their own needs. 14 § 2. The legislature finds and declares that: 15 (1) In order to establish a policy of sustainable development neces- 16 sary for economic competitiveness in the twenty-first century, the state 17 must achieve the following intermediate value goals: 18 (a) A competitive and balanced economy; 19 (b) A healthy environment; 20 (c) A continuing resource base; and 21 (d) Communities that provide a good quality of life, for both current 22 and future generations of New Yorkers. 23 (2) Although New York state has made progress towards the goals set 24 forth in subdivision one of this section, it lacks an integrated strate- 25 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. LBD10612-01-9S. 4554 2 1 mechanisms for measuring the success of activities implemented to 2 achieve these goals. 3 (3) To develop an integrated strategy for achieving the four goals set 4 forth in subdivision one of this section, and thus establishing a 5 sustainable development policy, the state must: 6 (a) Examine the feasibility of establishing clear, long term measur- 7 able goals for environmental and natural resource stewardship along with 8 measurable objectives and interim benchmarks to monitor progress towards 9 the goals; 10 (b) Examine a performance based system in which long term measurable 11 goals can be attained by carefully monitored and self-generated, incen- 12 tive based strategies that improve the efficiency and effectiveness of 13 environmental management and regulation for businesses, communities and 14 government; and 15 (c) Integrate environmental and natural resource goals with economic 16 and societal goals. 17 § 3. In order to achieve the goals set forth in subdivision one of 18 section two of this act, the state shall examine an environmental and 19 natural resource management system that is based on a policy of sustain- 20 able development and that: 21 (1) Establishes clear long term measurable goals and measurable objec- 22 tives; 23 (2) Is incentive based and performance oriented; 24 (3) Allows attainment of superior environmental and natural resource 25 management performance by adoption of a performance track in which enti- 26 ties would be held accountable for achieving long term measurable goals 27 but have freedom to choose how to accomplish them; 28 (4) Assures predictability for participants; 29 (5) Is integrated, cross media, cross agency and flexible; 30 (6) Focuses on managing the causes of environmental degradation rather 31 than simply impacts; 32 (7) Concentrates on issues of long term ecological significance; and 33 (8) Achieves the objectives of subdivisions one, two, three, four, 34 five, six and seven of this section in the most cost-effective, econom- 35 ically accommodating and community oriented manner. 36 § 4. (1) A sustainable development task force is hereby created to 37 conduct the examination described in section three of this act and 38 determine the viability of adopting a goal oriented and performance 39 based regulatory system with sustainable development as the overarching 40 environmental policy for the state. 41 (2) The task force shall consist of fifteen members to be appointed as 42 follows: two shall be appointed by the temporary president of the senate 43 and one by the minority leader of the senate; two shall be appointed by 44 the speaker of the assembly and one by the minority leader of the assem- 45 bly; seven shall be appointed by the governor. The appointees shall be 46 broadly representative of the geographic areas of the state and include 47 representatives of industry, public interest groups and local government 48 and the public at large. No more than four appointees shall be legisla- 49 tors. Commissioners of the department of environmental conservation and 50 the department of economic development shall be ex officio members. The 51 governor shall designate the chairperson and vice chairperson from among 52 his appointees. Vacancies in the membership of the commission and among 53 its officers shall be filled in the manner provided for original 54 appointments.S. 4554 3 1 (3) The task force shall meet within the state, shall hold public 2 hearings, and shall have all the powers of a legislative committee 3 pursuant to the legislative law. 4 (4) The members of the task force shall receive no compensation for 5 their services, but shall be allowed their actual and necessary expenses 6 incurred in the performance of their duties hereunder. 7 (5) To the maximum extent feasible, the task force shall be entitled 8 to request and receive and shall utilize and be provided with such 9 facilities, resources, and data of any court, department, division, 10 board, bureau, commission, or agency of the state or any political 11 subdivision thereof as it may reasonably request to carry out properly 12 its powers and duties hereunder. 13 (6) With the approval of the chairperson of the task force, members of 14 the task force may participate in meetings of the task force by means of 15 videoconference or similar equipment that allows all members participat- 16 ing in such meetings to see and hear each other at the same time and 17 allows the public attending the meetings in person to see and hear the 18 members of the commission participating in such manner. 19 § 5. In accordance with the requirements established by the sustaina- 20 ble development task force, the departments of environmental conserva- 21 tion, economic development, agriculture and markets, and parks, recre- 22 ation and historic preservation and any other agency or public benefit 23 corporation deemed appropriate by the task force shall determine the 24 following and report to the task force: 25 (1) The degree to which a state policy of sustainable development will 26 assist the agency in carrying out its mission. 27 (2) Methods for establishing long term measurable goals to achieve 28 sustainable development, including interim benchmarks from the agency's 29 perspective. 30 (3) How collaboration would occur with other governmental entities and 31 state agencies under a policy of sustainable development. 32 (4) Changes to statutes, rules, policies, intergovernmental agree- 33 ments, strategic plans, relationships with private and nonprofit sectors 34 and the agency's organization and processes that would be necessary to 35 implement a policy of sustainable development. 36 (5) Whether resources are being allocated in reasonable proportion to 37 the ecological significance of sustainable development and the resource 38 allocation changes necessary to bring the allocation into proper propor- 39 tion. 40 (6) The extent to which new systems can be developed, particularly 41 incentive based programs, to achieve measurable superior environmental 42 protection and natural resource management. 43 § 6. The appointing authorities shall appoint the members of the 44 sustainable development task force not later than 30 days after the 45 effective date of this act and the task force shall convene its first 46 meeting not later than 30 days thereafter. 47 § 7. The task force shall make a preliminary report to the governor 48 and the legislature of its findings, conclusions, and recommendations by 49 the one hundred eightieth day after the effective date of this act and a 50 final report of its findings, conclusions, and recommendations not later 51 than one year after the effective date of this act, and shall submit 52 with its reports such legislative proposals as it deems necessary to 53 implement its recommendations. 54 § 8. This act shall take effect on the thirtieth day after it shall 55 have become a law.