Bill Text: NY S06101 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes a temporary state commission to be known as the New York state reforest, restore and sustainable agriculture commission to evaluate and make recommendations concerning the reforestation and restoration of forests and ecological habitats in the state of New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO FINANCE [S06101 Detail]

Download: New_York-2019-S06101-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6101--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to  the  Committee  on  Finance  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to establish the New York state reforest, restore and sustainable
          agriculture commission

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

     1    Section  1.  Legislative intent. The state of New York, the nation and
     2  the world are facing a climate emergency. There has been a dramatic loss
     3  of forests and ecological habitat worldwide. A summary report issued  in
     4  May 2019 by the intergovernmental science-policy platform on biodiversi-
     5  ty  and  ecosystem  services  of the United Nations concludes that human
     6  activity is leading an unprecedented number of species  into  extinction
     7  which  are  critical  for human survival. Human-made climate change is a
     8  result of increased greenhouse gases, including carbon dioxide.  Forests
     9  and  other  ecosystems  act as natural carbon sinks, which absorb carbon
    10  and reduce the impact of climate change. The commission  shall  seek  to
    11  find  out  the extent of such loss and to make recommendations for their
    12  preservation, conservation, mitigation, restoration  and  expansion  for
    13  the  purpose  of stopping climate catastrophe, ensuring clean water, air
    14  and land for the public health and  strong  economy,  promoting  outdoor
    15  recreation and preserving our natural resources and cultural heritage.
    16    §  2.  A temporary state commission, to be known as the New York state
    17  reforest, restore  and  sustainable  agriculture  commission,  hereafter
    18  referred  to  as  the commission, is hereby created to evaluate and make
    19  recommendations concerning the reforestation and restoration of  forests
    20  and ecological habitats in the state of New York.
    21    §  3.  (a)  The  commission  shall consist of seventeen members, to be
    22  appointed as follows: four members to  be  appointed  by  the  governor;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11890-04-9

        S. 6101--B                          2

     1  three  members to be appointed by the temporary president of the senate;
     2  three members to be appointed by the speaker of the assembly; one member
     3  to be appointed by the minority leader of the senate; one member  to  be
     4  appointed  by  the  minority  leader  of  the assembly; one member to be
     5  appointed by the commissioner of environmental conservation  or  his  or
     6  her designee; one member to be appointed by the commissioner of agricul-
     7  ture  and  markets or his or her designee; one member to be appointed by
     8  the commissioner of the office of parks, recreation and historic preser-
     9  vation or his or her designee; one member to be appointed by the  execu-
    10  tive  director of the Adirondack park agency or his or her designee; and
    11  one member to be appointed by the director of the canal  corporation  or
    12  his  or  her designee.   The governor shall designate the chairperson of
    13  the commission. Vacancies in the membership of the commission and  among
    14  its  officers  shall  be  filled  in  the  manner  provided for original
    15  appointments or designations.
    16    (b) The members of the commission shall receive  no  compensation  for
    17  their services, but shall be allowed their actual and necessary expenses
    18  incurred  in the performance of their duties under this act. The commis-
    19  sion may employ and at pleasure remove such personnel  as  it  may  deem
    20  necessary  for  the  performance  of its functions and fix their compen-
    21  sation within the amounts made available by appropriation therefor.
    22    (c) The department of environmental  conservation  shall  provide  the
    23  commission  such  facilities,  assistance,  and  data as will enable the
    24  commission to carry out its powers and duties.  Additionally, all  other
    25  departments  or  agencies of the state or subdivisions thereof shall, at
    26  the request of the chairperson, provide the commission such  facilities,
    27  assistance,  and  data  as  will  enable the commission to carry out its
    28  powers and duties.
    29    § 4. The commission shall evaluate and  make  recommendations  on  the
    30  following three major areas:
    31    (a)  Forests  and  ecological  habitats. Explore the extent of loss or
    32  degradation of forests and ecological habitats, including wildlife, both
    33  flora and fauna in the state of New York  and  find  ways  to  mitigate,
    34  restore  and  prevent  future  loss  and degradation of such forests and
    35  habitats.
    36    (b) Preservation  and  restoration  of  other  natural  resources  and
    37  ecological  habitats,  including  both  flora and fauna wildlife, in the
    38  state of New York. The commission shall research the loss  and  degrada-
    39  tion  of  natural  resources  other  than  forests,  including wetlands,
    40  streams, rivers, lakes, ponds,  coastlines,  waterways,  grasslands  and
    41  open spaces generally. Open space shall be defined as an area of land or
    42  water  that  either remains in its natural state or is used for agricul-
    43  ture, free  from  intensive  development  for  residential,  commercial,
    44  industrial or institutional use. Open space can be publicly or privately
    45  owned  and shall include agricultural and forest land, undeveloped coas-
    46  tal and estuarine lands, undeveloped  scenic  lands,  public  parks  and
    47  preserves. It shall also include bodies of water such as lakes and bays.
    48    (c)  Sustainable agriculture. The commission shall investigate various
    49  forms of sustainable agriculture as defined in 7 USC 3103  as  an  inte-
    50  grated  system  of  plant and animal production practices having a site-
    51  specific application that will over the long term satisfy human food and
    52  fiber needs, enhance environmental quality and the natural resource base
    53  upon which the agricultural  economy  depends,  make  efficient  use  of
    54  nonrenewable resources and on-farm resources and integrate, where appro-
    55  priate,  natural  biological  cycles  and controls, sustain the economic
    56  viability of farm operations and enhance the quality of life for farmers

        S. 6101--B                          3

     1  and society overall. The basic goals of sustainable agriculture shall be
     2  environmental health, economic profitability, and  social  and  economic
     3  equity,  seek  to  better  the  conditions and treatment of farmworkers,
     4  including migrant workers, improve the humane treatment of farm animals,
     5  and  explore  "carbon  farming",  which shall mean farming methods which
     6  reduce greenhouse gas emissions and/or capture and hold carbon in  vege-
     7  tation  and  soils.  Carbon  farming  shall  cover small changes in land
     8  management, such as introducing  no-till  cropping,  stubble  retention,
     9  agroforestry, or methane-reducing feed supplements.
    10    §  5.  (a)  For the accomplishment of its purposes, the commission may
    11  meet and hold public and/or  private  hearings  within  or  without  the
    12  state, and shall have all the powers of a legislative committee pursuant
    13  to  the  legislative  law. The commission is authorized and empowered to
    14  undertake any studies, inquiries, surveys or analyses it may deem  rele-
    15  vant  through  its  own personnel or in cooperation with or by agreement
    16  with any other public or private agency.
    17    (b) To the maximum extent feasible, the  commission  may  request  and
    18  shall be entitled to receive and shall utilize and be provided with such
    19  facilities,  resources and data from any court in the state and from any
    20  subdivision, department, board, bureau, commission,  office,  agency  or
    21  other instrumentality of the state or of any political subdivision ther-
    22  eof  as  it deems necessary or desirable for the proper execution of its
    23  powers and duties and to effectuate the purposes set forth in this act.
    24    (c) The commission is hereby authorized and empowered  to  enter  into
    25  any  agreements  and  to  do and perform any acts that may be necessary,
    26  desirable or proper to carry out the purposes  and  objectives  of  this
    27  act.
    28    §  6.  The  commission  shall make recommendations and a report of its
    29  findings. The commission shall submit such  recommendations  and  report
    30  developed  by it relating to issues involving: (a) the reforestation and
    31  restoration of forests and ecological habitats in the state of New York;
    32  (b) the preservation and restoration  of  other  natural  resources  and
    33  ecological  habitats,  including  wildlife, both flora and fauna, in the
    34  state of New York; and (c) the promotion of sustainable  agriculture  in
    35  the  state of New York. The report shall include any recommendations for
    36  legislative action as it may deem  necessary  and  appropriate,  to  the
    37  governor,  the  temporary president of the senate and the speaker of the
    38  assembly no later than December 1, 2020.
    39    § 7. This act shall take effect immediately.
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