What's happening
This bill creates a task force to study implementing sustainable development goals and performance-based regulatory systems in New York State.
Why it matters
Could lead to major regulatory reform. By studying performance-based, goal-oriented systems, the task force may recommend shifting New York’s environmental regulations from prescriptive rules to flexible, outcome-focused standards, potentially affecting how businesses, local governments, and agencies operate.
Integrates economic, environmental, and societal objectives. The bill pushes for strategies that balance economic competitiveness, environmental health, resource sustainability, and community quality of life, emphasizing cross-agency and cross-sector collaboration.
Potential for innovative incentives and accountability. The focus on incentive-based programs and performance tracks could introduce new rewards or flexibility for entities achieving superior outcomes, while also requiring robust measurement and accountability systems.
May reshape agency priorities and resource allocation. Agencies will be required to evaluate how sustainable development policies align with their missions, possibly leading to changes in laws, organizational structures, and how resources are distributed, with effects on both short-term and long-term planning.
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Headline styles
Study Sustainable Development Rules
Plain English, a few words. Used as the page title.
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History
- Referred to finance
- Referred to finance
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3642
2017-2018 Regular Sessions
IN SENATE
January 25, 2017
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 feasibility of adopting goal oriented and performance based regulatory systems to achieve a goal of sustainable development for the state of New York
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. As used in this act, the term:
(1) "Benchmarks" means interim indicators that measure the progress in achieving measurable objectives and long term measurable goals.
(2) "Long term measurable goals" means the attainment of the condition for a parameter that is necessary to achieve sustainable development within 25 years.
(3) "Measurable objectives" means measurable achievements at specific points in time, typically in two- to five-year segments that over the duration achieve long term measurable goals.
(4) "Sustainable development" means managing the use, development and protection of natural and physical resources in a way, or at a rate, that enables people to meet their current needs without compromising the ability of future generations to meet their own needs.
§ 2. The legislature finds and declares that:
(1) In order to establish a policy of sustainable development necessary for economic competitiveness in the twenty-first century, the state must achieve the following intermediate value goals:
(a) A competitive and balanced economy;
(b) A healthy environment;
(c) A continuing resource base; and
(d) Communities that provide a good quality of life, for both current and future generations of New Yorkers.
(2) Although New York state has made progress towards the goals set forth in subdivision one of this section, it lacks an integrated strategy 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.
LBD06554-01-7
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mechanisms for measuring the success of activities implemented to achieve these goals.
(3) To develop an integrated strategy for achieving the four goals set forth in subdivision one of this section, and thus establishing a sustainable development policy, the state must:
(a) Examine the feasibility of establishing clear, long term measurable goals for environmental and natural resource stewardship along with measurable objectives and interim benchmarks to monitor progress towards the goals;
(b) Examine 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 businesses, communities and government; and
(c) Integrate environmental and natural resource goals with economic and societal goals.
§ 3. In order to achieve the goals set forth in subdivision one of section two of this act, the state shall examine an environmental and natural resource management system that is based on a policy of sustainable development and that:
(1) Establishes clear long term measurable goals and measurable objectives;
(2) Is incentive based and performance oriented;
(3) Allows attainment of superior environmental and natural resource management performance by adoption of a performance track in which entities would be held accountable for achieving long term measurable goals but have freedom to choose how to accomplish them;
(4) Assures predictability for participants;
(5) Is integrated, cross media, cross agency and flexible;
(6) Focuses on managing the causes of environmental degradation rather than simply impacts;
(7) Concentrates on issues of long term ecological significance; and
(8) Achieves the objectives of subdivisions one, two, three, four, five, six and seven of this section in the most cost-effective, economically accommodating and community oriented manner.
§ 4. (1) A sustainable development task force is hereby created to conduct the examination described in section three of this act and determine the viability of adopting a goal oriented and performance based regulatory system with sustainable development as the overarching environmental policy for the state.
(2) The task force shall consist of fifteen members to be appointed as follows: two shall be appointed by the temporary president of the senate and one by the minority leader of the senate; two shall be appointed by the speaker of the assembly and one by the minority leader of the assembly; seven shall be appointed by the governor. The appointees shall be broadly representative of the geographic areas of the state and include representatives of industry, public interest groups and local government and the public at large. No more than four appointees shall be legislators. Commissioners of the department of environmental conservation and the department of economic development shall be ex officio members. The governor shall designate the chairperson and vice chairperson from among his appointees. Vacancies in the membership of the commission and among its officers shall be filled in the manner provided for original appointments.
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(3) The task force shall meet within the state, shall hold public hearings, and shall have all the powers of a legislative committee pursuant to the legislative law.
(4) The members of the task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties hereunder.
(5) To the maximum extent feasible, the task force shall be entitled to request and receive and shall utilize and be provided with such facilities, resources, and data of any court, department, division, board, bureau, commission, or agency of the state or any political subdivision thereof as it may reasonably request to carry out properly its powers and duties hereunder.
(6) With the approval of the chairperson of the task force, members of the task force may participate in meetings of the task force by means of videoconference or similar equipment that allows all members participating in such meetings to see and hear each other at the same time and allows the public attending the meetings in person to see and hear the members of the commission participating in such manner.
§ 5. In accordance with the requirements established by the sustainable development task force, the departments of environmental conservation, economic development, agriculture and markets, and parks, recreation and historic preservation and any other agency or public benefit corporation deemed appropriate by the task force shall determine the following and report to the task force:
(1) The degree to which a state policy of sustainable development will assist the agency in carrying out its mission.
(2) Methods for establishing long term measurable goals to achieve sustainable development, including interim benchmarks from the agency's perspective.
(3) How collaboration would occur with other governmental entities and state agencies under a policy of sustainable development.
(4) Changes to statutes, rules, policies, intergovernmental agreements, strategic plans, relationships with private and nonprofit sectors and the agency's organization and processes that would be necessary to implement a policy of sustainable development.
(5) Whether resources are being allocated in reasonable proportion to the ecological significance of sustainable development and the resource allocation changes necessary to bring the allocation into proper proportion.
(6) The extent to which new systems can be developed, particularly incentive based programs, to achieve measurable superior environmental protection and natural resource management.
§ 6. The appointing authorities shall appoint the members of the sustainable development task force not later than 30 days after the effective date of this act and the task force shall convene its first meeting not later than 30 days thereafter.
§ 7. The task force shall make a preliminary report to the governor and the legislature of its findings, conclusions, and recommendations by the one hundred eightieth day after the effective date of this act and a final report of its findings, conclusions, and recommendations not later than one year after the effective date of this act, and shall submit with its reports such legislative proposals as it deems necessary to implement its recommendations.
§ 8. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act creating a sustainable development task force to study the feasibility of adopting goal oriented and performance based regulatory systems to achieve a goal of sustainable development for the state of New York
Purpose or general idea of bill
This legislation is intended to create a task force to study the feasibility of adopting a regulatory system to achieve the goals of sustainable development.
Summary of specific provisions
Section 1 defines the terms used in this legislation.
Read the full memo (1,105 words)
Section 2 sets out the 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 90 days of the effective date of this act.
Section 7 requires the task force to file preliminary and final reports with the governor and the legislature.
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 to public and private sector interests alike.
According to one analyst's 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 recently (and understandably) 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 to that rule. With its diversity of natural and cultural resources, New York State mirrors 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:
I. Energy - The goals of the state's energy policies are undermining the state's air quality policy. While the Department of Environmental Conservation (DEC) began trying to craft a plan to attain more protective health standards for ozone, the Public Service Commission (PSC) began deregulating the electric industry, one of the most serious sources of air pollution. The PSC's stated deregulatory goal in 1996 was to make electricity "dirt cheap", thereby encouraging increased energy consumption. At the same time, however, the PSC began cutting energy efficiency programs and demand reduction programs.
II. 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 runoff from farms and municipalities Even though prevention of such pollution is more cost-effective than clean-up, no statewide plan has existed for this purpose.
III. Pesticides - The State spends millions of dollars to collect and collate information on pesticide use and sales. None of the money, however, has traditionally been available for reducing overall pesticide usage or to provide farmers with incentives for practicing sustainable agriculture.
The direct and sensible approach to these serious problems is to create the sustainable development task force. 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 are now being developed and adopted in a growing number of locations, in this country and abroad, with remarkable results. A number of states, including Minnesota and New Jersey have established plans, and Oregon's plan was funded in 2005, and refunded in 2008. There have also been a number of county-level sustainable development task forces enacted around the United States.
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.
Prior legislative history
2015-16: S.1586/A.5793 - Referred to Finance 2013-14: S.2638/A.4393 - Referred to Infrastructure & Capital Investment 2011-12: S.1100A/A.5362A - Referred to Commerce, Economic Development 2009-10: S.4293/A.2320 - Referred to Commerce, Economic Development and Small Business/Passed Assembly 2008-09:A.7489-Passed Assembly 2007-08:A.3684-Economic Development 2006-07:A.1677 -Passed Assembly 2005-06:A.1677 -Passed Assembly 2001-02:A.5676 -Passed Assembly 2000-01:A.8490A- Passed Assembly 1999-00:A.8490 -Passed Assembly
Fiscal implications
Minimal.
Effective date
This act shall take effect on the 30th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.