STATE OF NEW YORK
2021-2022 Regular Sessions
February 22, 2021
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
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.
S. 5002 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-
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
S. 5002 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
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-
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.