Bill Text: NY A05390 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to setting a conservation goal for the state and including an effort to combat the biodiversity and climate crises in the state's land acquisition policy.

Spectrum: Moderate Partisan Bill (Democrat 78-12)

Status: (Passed) 2022-12-23 - approval memo.62 [A05390 Detail]

Download: New_York-2021-A05390-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5390

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          including efforts to combat the biodiversity and climate crises in the
          state's land acquisition policy

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 49-0207 of the environmental conservation  law,  as
     2  added by chapter 146 of the laws of 1990, is amended to read as follows:
     3  § 49-0207. State land acquisition plan.
     4    1.  The  department and the office shall prepare a state land acquisi-
     5  tion plan to guide selection of projects for  state  acquisition  taking
     6  into account regional advisory committee priorities and the department's
     7  and  office's  assessment  of  need for land acquisition projects.  Such
     8  plan shall also take into account the goal of the state to  conserve  at
     9  least  thirty  percent of New York state's land by the year two thousand
    10  thirty, in an effort to support the global combat  of  the  biodiversity
    11  and climate crises. Such plan shall include an identification of:
    12    a.  lands,  by region and category, for which acquisition is of a high
    13  priority in order to carry out the purposes of this title;
    14    b. lands, by  region,  having  statewide  or  regional  environmental,
    15  historic, cultural or recreational significance that are threatened with
    16  diminishment of resource value;
    17    c.  the department's and office's priorities of categories of land, by
    18  region, for future acquisition; [and]
    19    d. lands, by  region,  having  statewide  or  regional  environmental,
    20  historic,  cultural or recreational significance which should be consid-
    21  ered for state acquisition, but which do  not  qualify  for  acquisition
    22  under present law; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07554-02-1
        A. 5390                             2

     1    e.  strategies  to  achieve the goal of the state to conserve at least
     2  thirty percent of New York state's land by the year two thousand thirty,
     3  including, but not limited to:
     4    (i)  safeguards  for  the state's economic and sustainability and food
     5  security;
     6    (ii) protections and restoration projects for biodiversity;
     7    (iii) enabling enduring conservation measures  on  a  broad  range  of
     8  landscapes,  including  natural  areas and working lands, in partnership
     9  with land managers and natural resource user groups;
    10    (iv) building climate resilience, reducing risk from  extreme  climate
    11  events, and contributing to the state's effort to combat climate change;
    12  and
    13    (v) expanding equitable outdoor access and recreation for all New York
    14  residents.
    15    2.  Such  plan  shall  include consideration of the inventory prepared
    16  pursuant to section 49-0205 of this title and shall identify those areas
    17  within the state which are not adequately protected in such categories.
    18    3. In preparing such plan, the department and office shall:
    19    a. conduct one or more public hearings in  each  of  the  department's
    20  administrative regions.
    21    b. consult with:
    22    (i) the regional advisory committees;
    23    (ii)  officials of departments and agencies of the state having duties
    24  and  responsibilities  concerning  the  protection  of  open  space  and
    25  natural, environmental, historic, cultural or recreational resources;
    26    (iii) officials and representatives of local governments in the state;
    27  and
    28    (iv) persons, organizations and groups interested in the protection of
    29  open space and natural, environmental, historic, cultural or recreation-
    30  al resources of the state.
    31    c.  strategically prioritize investments in cooperative, high-priority
    32  actions that promote biodiversity protection, habitat restoration, wild-
    33  fire-resiliency, sustainably managed landscapes, and other  conservation
    34  outcomes.
    35    d.  implement  actions to increase the pace and scale of environmental
    36  restoration and land management  efforts  by  streamlining  the  state's
    37  processes to approve and facilitate such efforts.
    38    e. collaborate with federal and state research institutions to utilize
    39  innovative  scientific  observation technology, and with tribal partners
    40  to incorporate tribal expertise and traditional ecological knowledge  to
    41  better understand the state's biodiversity and threats to such biodiver-
    42  sity.
    43    f. include strategies to participate in regional, national, and inter-
    44  national  efforts to advance biodiversity protection and help to prevent
    45  extinctions across the planet.
    46    g. request and receive from any department, division,  board,  bureau,
    47  commission or any other agency of the state or any political subdivision
    48  thereof  or  any  public  authority  such  assistance and data as may be
    49  necessary to enable the department and office to carry out its responsi-
    50  bilities under this section.
    51    4. The department, in cooperation with any  other  state  agencies  it
    52  shall  deem  necessary,  shall use existing authorities and resources to
    53  identify and implement near-term and  long-term  actions  to  accelerate
    54  natural removal of carbon from the atmosphere and to build climate resi-
    55  lience in the state's forests, wetlands, urban greenspaces, agricultural
        A. 5390                             3

     1  soils,  and land conservation activities in ways that serve all communi-
     2  ties, including low-income, disadvantaged, and vulnerable communities.
     3    5.  The  department  and  office  shall prepare a draft plan and shall
     4  propose, no later than [January thirty-first] February first,  [nineteen
     5  hundred  ninety-one] two thousand twenty-two, a schedule of public hear-
     6  ings thereon.
     7    [5.] 6. On or before [January thirty-first] February first,  [nineteen
     8  hundred  ninety-two]  two  thousand  twenty-three  and every three years
     9  thereafter, the department and office  shall  submit  the  plan  to  the
    10  governor,  the  majority  leader  of  the  senate and the speaker of the
    11  assembly. Upon approval by the governor such plan shall become  a  guide
    12  for the implementation of the acquisition programs of the department and
    13  office.
    14    § 2. This act shall take effect immediately.