Bill Text: NY S02411 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to extending the effectiveness of the New York state ocean acidification task force from January 1, 2019 to January 1, 2023 and to requiring an interim report and hearing by the task force.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-02-05 - referred to ways and means [S02411 Detail]

Download: New_York-2019-S02411-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2411
                               2019-2020 Regular Sessions
                    IN SENATE
                                    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:
     1    Section 1. Section 2 of chapter 464 of the laws of 2016,  relating  to
     2  creating  the  New York state ocean acidification task force, is amended
     3  to read as follows:
     4    § 2. This act shall take effect immediately and shall  expire  and  be
     5  deemed repealed January 1, [2019] 2023.
     6    §  2. Section 1 of chapter 464 of the laws of 2016, relating to creat-
     7  ing the New York state ocean acidification task  force,  is  amended  to
     8  read as follows:
     9    Section 1. New York state ocean acidification task force. 1.  There is
    10  hereby established, within the department of environmental conservation,
    11  an  ocean acidification task force ("task force") which shall consist of
    12  14 members who shall be appointed as follows:
    13    (a) the commissioner of  environmental  conservation  or  his  or  her
    14  designee;
    15    (b) the secretary of state or his or her designee;
    16    (c)  the  commissioner of the office of general services or his or her
    17  designee;
    18    (d) two members appointed by the governor;
    19    (e) two members to be appointed by  the  temporary  president  of  the
    20  senate;
    21    (f) two members to be appointed by the speaker of the assembly;
    22    (g) one member to be appointed by the minority leader of the senate;
    23    (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
     1    (i) one member to be appointed by the mayor of the city of New York;
     2    (j)  one  member to be appointed by the county executive of the county
     3  of Nassau; and
     4    (k) one member to be appointed by the county executive of  the  county
     5  of Suffolk.
     6    2.  The  at large members should include individuals with expertise in
     7  one or more of the following areas: climatology;  hydrology;  economics;
     8  marine fisheries including commercial and/or recreational fishing; envi-
     9  ronmental;  aquaculture;  oceanography  or  coastal ocean science; ocean
    10  acidification; and ecology or environmental biology.
    11    3. Task force members shall receive no compensation for their services
    12  but shall be reimbursed for actual and necessary  expenses  incurred  in
    13  the performance of their duties.
    14    4.  The  chairperson  of  the  task force shall be the commissioner of
    15  environmental conservation or his or her designee. The task force  shall
    16  meet  no  less  than  four  times  and at other times at the call of the
    17  chairperson.
    18    5. Any vacancies on the task force  shall  be  filled  in  the  manner
    19  provided for in the initial appointment.
    20    6.  The  task  force  shall  be authorized to hold public hearings and
    21  meetings to enable it to accomplish its duties and shall  at  a  minimum
    22  hold at least one hearing on the interim report.
    23    7.  The  task  force  may  consult  with any organization, educational
    24  institution, other government entity or agency or person including,  but
    25  not  limited  to,  the national [ocean] oceanic and atmospheric adminis-
    26  tration, in the development of its report required by subdivision 10  of
    27  this section.
    28    8. The department of environmental conservation shall provide the task
    29  force  with such facilities, assistance and data as will enable the task
    30  force to carry out its powers and duties.  Additionally, all other agen-
    31  cies of the state or subdivisions thereof may, at  the  request  of  the
    32  chairperson,  provide  the  task force with such facilities, assistance,
    33  and data as will enable the task force  to  carry  out  its  powers  and
    34  duties.
    35    9.  The  purpose  of the New York state ocean acidification task force
    36  shall be to identify the causes and factors contributing to ocean acidi-
    37  fication and evaluating ways of addressing the problem by  applying  the
    38  best  available  science  as  to ocean acidification and its anticipated
    39  impacts.
    40    10. No later than December 31, 2021, the task force  will  prepare  an
    41  interim  report containing the criteria identified in subdivision eleven
    42  of this section.
    43    11. No later than December 31, [2018] 2022, the task force shall tran-
    44  smit to the governor, the temporary president  of  the  senate  and  the
    45  speaker of the assembly a final report containing the following:
    46    (a) an assessment of the anticipated impacts related to ocean acidifi-
    47  cation;
    48    (b)  recommendations related to mechanisms New York could establish to
    49  provide stronger, more protective standards, and the implementation  and
    50  enforcement of such standards in the context of ocean acidification;
    51    (c)  recommendations regarding adaptive measures which may be taken to
    52  respond to ocean acidification, including measures to:
    53    (i) identify and monitor  early  effects  of  ocean  acidification  on
    54  marine life, animals, plants and natural communities; and
    55    (ii)  integrate  ocean acidification mitigation and adaptation strate-
    56  gies into state environmental plans;

        S. 2411                             3
     1    (d) recommendations on state and  local  regulatory  and/or  statutory
     2  alterations to respond to the impacts of ocean acidification;
     3    (e) review existing scientific literature and data on ocean acidifica-
     4  tion  and  how it has directly or indirectly affected or may potentially
     5  affect commercially harvested and grown species along the coast;
     6    (f) identify and monitor the factors contributing to ocean  acidifica-
     7  tion; [and]
     8    (g)  recommendations  to increase public awareness of ocean acidifica-
     9  tion[.]; and
    10    (h) an assessment of the public comments received at any hearing.
    11    § 3. Notwithstanding the  provisions  of  article  5  of  the  general
    12  construction  law,  the  provisions  of chapter 464 of the laws of 2016,
    13  relating to creating the New York state ocean acidification task  force,
    14  as  amended  by sections one and two of this act, are hereby revived and
    15  shall continue in full force and effect as such  provisions  existed  on
    16  January 1, 2019.
    17    §  4. This act shall take effect immediately; provided that the amend-
    18  ments to section 1 of chapter 464 of the laws of 2016 relating to creat-
    19  ing the New York state ocean acidification task force  made  by  section
    20  two of this act shall not affect the repeal of such section and shall be
    21  deemed repealed therewith.
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