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

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: (Engrossed) 2022-05-23 - RETURNED TO ASSEMBLY [A05390 Detail]

Download: New_York-2021-A05390-Amended.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021

        Introduced  by M. of A. FAHY, SIMON, THIELE, GRIFFIN, STECK -- read once
          and referred to the Committee on Environmental Conservation -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  said  committee -- again reported from said committee with
          amendments, ordered reprinted  as  amended  and  recommitted  to  said

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          setting conservation goals for the  state  and  including  efforts  to
          combat  the biodiversity and climate crises in the state's land acqui-
          sition policy; and providing for the repeal of  such  provisions  upon
          the expiration thereof

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

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 49-0113 to read as follows:
     3  § 49-0113. Thirty by thirty conservation goal.
     4    1.  It  shall  be  the  goal of the state to support and contribute to
     5  national efforts to conserve at least thirty percent  of  United  States
     6  lands  and  inland  waters  and at least thirty percent of United States
     7  ocean areas by the year two thousand thirty.
     8    2. The department in consultation with the commissioner of the  office
     9  of parks, recreation and historic preservation, shall develop strategies
    10  and a methodology to achieve the goal, including but not limited to:
    11    (a) coordination with the state land acquisition plan;
    12    (b)  prioritizing  protections for water sources and sole source aqui-
    13  fers, including wetlands protections;
    14    (c) protections and restoration projects for preserving and increasing
    15  biodiversity, including habitat restoration, with a focus on habitats of
    16  endangered and threatened  species  including  resilient  and  connected
    17  lands  and  corridors providing means for wildlife migration and habita-
    18  tion;

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

        A. 5390--B                          2

     1    (d) expanding access to nature and  nature's  benefits  and  equitable
     2  outdoor access in communities in every region;
     3    (e)  consideration  of  a  broad  range of landscapes including urban,
     4  suburban and rural natural areas, wetlands, forests, and watersheds;
     5    (f) consideration of the state's  economic  sustainability,  including
     6  preservation  of  food  security and consultation with the department of
     7  agriculture and markets on issues related to  farmland  preservation  of
     8  working lands;
     9    (g)  increasing  climate  resilience,  including  reducing  risk  from
    10  extreme weather events including cooling urban  landscapes  and  natural
    11  solutions to prevent erosion and flooding;
    12    (h)  collaboration  with  federal  and  state research institutions to
    13  utilize innovative scientific observation technology  to  better  under-
    14  stand the state's conservation needs and biodiversity and threats there-
    15  to;
    16    (i)  implementing  actions  in a manner that includes consideration of
    17  the urgency of meeting the goal while still preserving public input  and
    18  involvement;
    19    (j) collaboration with tribal partners to incorporate tribal expertise
    20  and  traditional  ecological  knowledge to better understand the state's
    21  conservation needs and biodiversity and threats thereto; and
    22    (k) participating in regional, national, and international efforts  to
    23  advance biodiversity protection, including preventing extinctions.
    24    3.  Conservation  measures  shall be undertaken in ways that serve all
    25  communities, including low-income, disadvantaged and vulnerable communi-
    26  ties.
    27    4. The department and office shall prepare  a  draft  plan  and  shall
    28  propose no later than July first, two thousand twenty-two, a schedule of
    29  public hearings thereon.
    30    5.  On or before July first, two thousand twenty-three and every three
    31  years thereafter, the department and office shall submit  the  plan  and
    32  any recommendations to the governor and legislature.
    33    §  2.  Section 49-0207 of the environmental conservation law, as added
    34  by chapter 146 of the laws of 1990, is amended to read as follows:
    35  § 49-0207. State land acquisition plan.
    36    1. The department and the office shall prepare a state  land  acquisi-
    37  tion  plan  to  guide selection of projects for state acquisition taking
    38  into account regional advisory committee priorities and the department's
    39  and office's assessment of need for land acquisition projects. Such plan
    40  shall also take into account the goal of the  state  to  facilitate  the
    41  conservation of at least thirty percent of land in New York state by the
    42  year  two  thousand  thirty pursuant to section 49-0113 of this article.
    43  Such plan shall include an identification of:
    44    a. lands, by region and category, for which acquisition is of  a  high
    45  priority in order to carry out the purposes of this title;
    46    b.  lands,  by  region,  having  statewide  or regional environmental,
    47  historic, cultural or recreational significance that are threatened with
    48  diminishment of resource value;
    49    c. the department's and office's priorities of categories of land,  by
    50  region, for future acquisition; and
    51    d.  lands,  by  region,  having  statewide  or regional environmental,
    52  historic, cultural or recreational significance which should be  consid-
    53  ered  for  state  acquisition,  but which do not qualify for acquisition
    54  under present law.

        A. 5390--B                          3

     1    2. Such plan shall include consideration  of  the  inventory  prepared
     2  pursuant to section 49-0205 of this title and shall identify those areas
     3  within the state which are not adequately protected in such categories.
     4    3. In preparing such plan, the department and office shall:
     5    a.  conduct  one  or  more public hearings in each of the department's
     6  administrative regions.
     7    b. consult with:
     8    (i) the regional advisory committees;
     9    (ii) officials of departments and agencies of the state having  duties
    10  and  responsibilities  concerning  the  protection  of  open  space  and
    11  natural, environmental, historic, cultural or recreational resources;
    12    (iii) officials and representatives of local governments in the state;
    13  and
    14    (iv) persons, organizations and groups interested in the protection of
    15  open space and natural, environmental, historic, cultural or recreation-
    16  al resources of the state.
    17    c. request and receive from any department, division,  board,  bureau,
    18  commission or any other agency of the state or any political subdivision
    19  thereof  or  any  public  authority  such  assistance and data as may be
    20  necessary to enable the department and office to carry out its responsi-
    21  bilities under this section.
    22    4. The department and office shall prepare  a  draft  plan  and  shall
    23  propose,  no  later  than January thirty-first, nineteen hundred ninety-
    24  one, a schedule of public hearings thereon.
    25    5. On or before January thirty-first, nineteen hundred ninety-two  and
    26  every three years thereafter, the department and office shall submit the
    27  plan  to the governor, the majority leader of the senate and the speaker
    28  of the assembly. Upon approval by the governor such plan shall become  a
    29  guide  for the implementation of the acquisition programs of the depart-
    30  ment and office.
    31    § 3. This act shall take effect immediately and shall  expire  and  be
    32  deemed repealed January 1, 2031.