Creates a sustainable development task force to study the feasibility of adopting a regulatory system to achieve goal of sustainable development

Summary of provisions

Section 1 defines the terms used in this legislation.

Section 2 sets forth legislative findings.

Section 3 requires that the state examine an environmental and natural resource management system based on a policy of sustainable development.

Section 4 creates a sustainable development task force.

Section 5 requires that each natural resource agency, as defined in the legislation, shall report to the task force on the effect of a sustainable development policy on the agencies operation, determine how to measure progress toward sustainable development, and how to collaborate with other government entities on sustainable development.

Section 6 requires that members of the task force be appointed within 30 days of the effective date of this act and that the task force convene its first meeting 30 days thereafter.

Section 7 requires the task force to file a preliminary report with the governor and the legislature by the 180th day after the act's effective date and a final report within a year.

Section 8 sets forth the effective date.

Justification

Sustainable development provides a high quality of life for present and future generations by enabling people to meet their current needs without compromising the ability of future generations to meet their needs as well. Conventional environmental management strategies, in New York and nationwide, are failing to achieve this goal and have become a source of growing concern by public and private sector interests alike. According to one assessment, "The United States does not really have an integrated system for tackling environmental

pollution but rather a potpourri of ad hoc, media-specific environmental laws enforced by the states and the U.S. Environmental Protection Agency. These laws overlap and frequently conflict... Given the current state of affairs, the U.S. federal government and almost all the states have... begun looking for better ways of doing business." (Beardsley, Dan et al., Improving Environmental Management: What Works, What Doesn't, Environment, September 1997). New York is not an exception.

With its diversity of natural and cultural resources, New York State is a microcosm of the environmental threats and opportunities facing much of the world. Home of the nation's largest city as well as the largest park outside of Alaska, New York has been a leader in establishing laws and regulations intended to protect the environment and public health. The constitutionally protected state Forest Preserve, the nation's first acid deposition control legislation, and a dedicated environmental protection fund all exemplify New York's deep-seated concern for the environment.

Despite such accomplishments, however, the state's air, water, and land continue to suffer, as does the quality of life in communities under increasing pressure from sprawl and congestion. These conditions are the result of operating without clear goals and objectives for the future health of New York's environment, economy, and community well being. On virtually every environmental front, the state lacks long-term policies capable of achieving the goal of sustainable development and, in fact is often working at cross-purposes. Examples of the conflicting and incoherent policies that stifle environmental progress include:

Energy - The goals of the state energy policy are undermining the state's air quality policy. While the Department of Environmental Conservation is trying to craft a plan to attain more protective health standards for ozone, the Public Service Commission is deregulating the electric industry, one of the most serious sources of air pollution, with the goal of making electricity "dirt cheap", thereby encouraging increased energy consumption. At the same time, the PSC has cut energy efficiency programs.

Water Quality - The 1996 Clean Water/Clean Air Bond Act allocates hundreds of millions of dollars to clean up surface water pollution contaminated by toxic chemicals and run-off from farms and municipalities. Even though prevention of such pollution is more cost-effective than clean-up, no statewide plan exists for this purpose.

Pesticides - The State is spending millions of dollars to collect and collate information on pesticide use and sales. None of the money, however, is available for reducing overall pesticide usage or to provide farmers with incentives for practicing sustainable agriculture.

Creation of the sustainable development task force is a direct response to this serious problem. In an unprecedented initiative, the sustainable development task force will study the feasibility of adopting an integrated environmental management strategy that achieves a competitive and balanced economy, a healthy environment, and communities that provide a good quality of life for current and future generations of New Yorkers. Accomplishing this objective will require the task force to examine the feasibility of establishing clear long term measurable goals for environmental and natural resources stewardship along with measurable objectives and interim benchmarks to monitor progress towards the goals. It will also require the study of a performance based system in which long term measurable goals can be attained by carefully monitored and self-generated, incentive based strategies that improve the efficiency and effectiveness of environmental management and regulation for business, communities, and government.

Such systems have been developed and adopted in a number of locations, in this country and abroad, with remarkable results. States including Minnesota and New Jersey have established plans. The longest running and most successful example worldwide is the National Environmental Policy Plan of the Netherlands, adopted in 1989 with the ambitious goal of achieving a sustainable economy in a single generation. The plan integrates all environmental areas as one coherent, ecosystem-based policy and is responsible for a "decoupling" of the economy and environment; the gross domestic product of the Netherlands continues to climb even as environmental pressures decline dramatically. The Dutch plan enjoys broad support that includes more than 250,000 businesses.

Legislative history

2011: A05362 (Kavanagh) - Economic Development 2010: A02320 (Kavanagh) - Passed Assembly 2009: A02320 (Kavanagh) - Passed Assembly 2008: A07489 (Kavanagh) - Passed Assembly 2007: A03684 (Grannis) - Economic Development 2006: A01677 (Grannis) - Passed Assembly 2001: A05676 (Grannis) - Passed Assembly 2000: A08490A (Grannis) - Passed Assembly 1999: A08490 (Grannis) - Passed Assembly

Fiscal impact on the state

Minimal

Effective date

This act shall take effect on the thirtieth day after it shall have become law.