| Appendix C: State Legislation and Administrative Action
Appendix C (i). Text Of Oregon Hb 3135
Appendix C (ii). Oregon Executive Order No. Eo-00-07: Development Of A State Strategy Promoting Sustainability In Internal State Government Operations
Appendix C (iii). Text Of New York State Bill A5676
Appendix C (iv). Connecticut Bill: “An Act Concerning Exemplary Environmental Management Systems.”
Appendix C (v). Cal/EPA Innovation Initiative
APPENDIX C (i). Text of Oregon HB 3135
70th OREGON LEGISLATIVE ASSEMBLY—1999 Regular Session
LC 1787
House Bill 3135
Sponsored by Representative WELLS; Representative PIERCY (at the request of Stewardship Planned Partnership)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. Declares sustainable development as policy goal of State of Oregon. Establishes Sustainable Development Task Force to study feasibility of adopting goal oriented and performance based regulatory system to achieve goal. Declares emergency, effective July 1, 1999.
A BILL FOR AN ACT
Relating to sustainable development study; appropriating money; limiting expenditures; and declaring an emergency. Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 1999 Act:
(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.
NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + }.
(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) ‘Natural resource agency’ includes the Office of Energy, Department of Land Conservation and Development, Environmental Quality Commission, State Department of Geology and Mineral Industries, State Department of Fish and Wildlife, Water Resources Department, State Forestry Department, Division of State Lands, State Parks and Recreation Department and State Department of Agriculture.
(5) ‘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. + }
SECTION 2. { + The Legislative Assembly finds and declares that:
(1) In order to establish a policy of sustainable development, the State of Oregon 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 Oregonians.
(2) Although Oregon has made progress toward the goals set forth in subsection (1) of this section, Oregon lacks an integrated strategy for achieving these goals concurrently. Oregon also lacks established 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 subsection (1) of this section, and thus establishing a sustainable development policy, the State of Oregon 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 in accordance with ORS 291.110 and 291.200;
(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. + }
SECTION 3. { + In order to achieve the goals set forth in section 2 (1) of this 1999 Act, the State of Oregon 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 in accordance with ORS 291.110;
(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 subsections (1) to (7) of this section in the most costeffective, economically accommodating and community oriented manner. + }
SECTION 4. { +
(1) There is created a Sustainable Development Task Force consisting of not more than 18 members. The President of the Senate shall appoint two at-large members, the Speaker of the House of Representatives shall appoint two at-large members, and the Governor shall appoint one at-large member who shall serve as chairperson of the task force. In addition to the five at-large members, each director of a natural resource agency shall appoint one member. The Governor shall appoint the remaining members of the task force to represent industry, public interest groups and municipalities.
(2) The task force shall conduct the examination described in section 3 of this 1999 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 of Oregon.
(3) The task force may cause to be employed such persons as are necessary to the performance of the function of the task force. The task force shall fix the duties and amounts of compensation of such employees. The task force shall use the services of natural resource agency staff to the greatest extent practicable.
(4) All agencies, departments and officers of this state are directed to assist the task force created under this section in attaining its mission, and to furnish such information and advice as the members of the task force consider necessary to perform their functions.
(5) Subject to the approval of the Emergency Board, the task force created under this section may accept contributions of funds and assistance from the United States or its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the task force. All such funds are to aid in financing the functions of the task force and shall be deposited in the General Fund of the State Treasury to the credit of separate accounts for the task force and shall be disbursed for the purpose for which contributed in the same manner as funds appropriated for the task force.
(6) Official action by the task force established under this section shall require the approval of a majority of the quorum of the task force. A majority of the members of the task force constitutes a quorum. All legislation recommended by official action of the task force must indicate that the legislation is introduced at the request of the task force. Such legislation shall be prepared in time for presession numbering and presession filing pursuant to ORS 171.130. + }
SECTION 5. { + In accordance with the requirements established by the Sustainable Development Task Force, each natural resource agency 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. + }
SECTION 6. { + The appointing authorities shall appoint the members of the Sustainable Development Task Force on or before October 1, 1999. The task force shall convene its first meeting on or before October 15, 1999. + }
SECTION 7. { + In addition to and not in lieu of any other appropriation, there is appropriated to the Sustainable Development Task Force for the biennium beginning July 1, 1999, out of the General Fund, the sum of $___, which may be expended for the purposes set forth in section 4 of this 1999 Act. + }
SECTION 8. { + Notwithstanding any other law, the amount of $___ is establish for the biennium beginning July 1, 1999, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, excluding federal funds, collected or received by the Sustainable Development Task Force. + }
SECTION 9. { + Sections 1 to 6 of this 1999 Act are repealed on ___. + }
SECTION 10. { + This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect July 1, 1999. + }
Source: Oregon State Assembly.
APPENDIX C (ii). Oregon Executive Order No. Eo-00-07: Development of a State Strategy Promoting Sustainability in Internal State Government Operations
WHEREAS the unique natural qualities of the Pacific Northwest are unparalleled in the world and state government, as a large employer and facilities manager, impacts these qualities through its internal state government operations;
WHEREAS the people of the State of Oregon have a long history of finding innovative solutions to the most challenging and complex problems;
WHEREAS the State of Oregon strategic plan, Oregon Shines, reflects values that balance community, environmental and economic aspects of life in Oregon;
WHEREAS analysis of current trends described by the Oregon Benchmarks and by the Oregon State of the Environment Report shows significant threats to quality of life and environmental and economic sustainability;
WHEREAS the State of Oregon aspires to learn from the leadership of private industry, business, labor, educational institutions and other governments in addressing the goal of sustainable development;
WHEREAS it is the goal of the State of Oregon to increase efficiency in state government, cut long-term costs associated with state programs and save taxpayer dollars; and
WHEREAS this complex challenge is evolving, it is believed there are important steps the State of Oregon can take now to amend internal government operations to meet important goals.
THEREFORE, IT IS HEREBY ORDERED AND DIRECTED:
The State of Oregon shall develop and promote policies and programs that will assist Oregon to meet a goal of sustainability within one generation—by 2025. A number of significant steps will be necessary to achieve a sustainable future and will require the participation of all Oregonians. As an initial effort under this executive order, the State of Oregon shall focus on improving its internal operations as state government’s first step toward meeting the goal of sustainability. This step is the first of many to be taken as we advance the state toward a sustainable future. The State of Oregon adopts the following definition, goals and guidelines to promote sustainability.
Definition
Sustainability means using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. Sustainability requires simultaneously meeting environmental, economic and community needs.
Goals
1. Increase the economic viability of all Oregon communities and citizens;
2. Increase the efficiency with which energy, water, material resources and land are used;
3. Reduce releases to air, water and land of substances harmful to human health and the environment; and
4. Reduce adverse impacts on natural habitats and species.
Guidelines
As the State of Oregon works toward sustainability, the state shall:
1. Employ the knowledge, expertise and creativity of Oregon’s citizens in developing solutions;
2. Build upon existing private and public efforts throughout the state to ensure efficient and complementary results;
3. Integrate efforts in ways that enhance the effectiveness of new and existing efforts;
4. Collaborate and cooperate to remove barriers and find solutions;
5. Emphasize on-going learning and adaptive management as techniques needed to inform and improve the process continually;
6. Develop voluntary, incentive-based and performance-oriented systems to supplement traditional regulatory approaches;
7. Seek to understand the full costs and benefits of possible actions to ensure that decisions are fully informed;
8. Using good science, measure resource use, environmental health and costs to determine progress in achieving desired outcomes; and
9. Establish clear, measurable goals and targets to guide state efforts toward sustainability.
THEREFORE, IT IS HEREBY ORDERED AND DIRECTED:
All state agencies and employees are expected to take actions to promote sustainable practices within state government. As an initial step, the Department of Administrative Services, with its central role in state buildings, procurement and communication, shall lead efforts focused on internal government operations. The following specific actions shall be taken under this executive order:
1. Adopt Sustainability Practices within State Government Operations to Demonstrate how to Reduce Waste
The Governor designates the Department of Administrative Services as the leader in implementing early sustainability measures in such areas as: facilities construction and operations; purchasing; energy usage; vehicle use and maintenance; information systems operations; and publishing and distribution.
The Department of Administrative Services, in collaboration with other state agencies, shall implement the following objectives:
a. Within six months following the date of this order, the Department of Administrative Services shall adopt sustainable facilities standards and guidelines. These shall guide the siting, design, construction, deconstruction, operation and maintenance of state buildings and landscapes, and the selection, terms and conditions for state leaseholds. The department shall:
i. Review and consider sustainable facilities standards, practices and principles employed by businesses, educational institutions and other governments;
ii. Obtain input from the existing Central Facilities Planning Committee and the existing Capital Projects Advisory Board, organized for state facilities coordination under ORS 276.227;
iii. Review and update state sustainable facilities standards and guidelines at least biennially; and
iv. Track and report key sustainable facilities performance elements through the existing State Facilities Coordination Program.
b. The Department of Administrative Services shall use the North Mall Complex design, construction and maintenance as a pilot project to employ and evaluate sustainability methods and programs. The facility design shall employ a wide range of compatible, reliable sustainability actions. Where feasible, it shall test such programs and standards as the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) program.
c. The Department of Administrative Services shall expand state government purchasing power by aggressively entering into joint bidding agreements with other state and local governments and with multi-government purchasing alliances, and by encouraging local governments to access resulting low-price, high-value purchase agreements that promote sustainability. This will make sustainable products and services more widely available to local governments.
d. To the extent that it is effective and practical to do so, the Department of Administrative Services shall take immediate action to purchase electrical energy from renewable resources such as wind, solar, geothermal and biomass. In the immediate future, this shall involve purchasing green power from private utilities as appropriate; beginning October 2001, this shall involve purchasing green power through direct access to the power generation market.
e. The Department of Administrative Services shall appoint a Sustainable Supplier Council. In consultation with the council, the department, by June 2001, shall develop sustainability purchasing policies, targets and benchmarks for each of the following areas: paper products; building construction; cleaning products and coatings; general purpose motor vehicles and office furniture. In determin-0 ing benchmarks, the council shall consider benefits and costs that could arise as a result of purchasing sustainable alternatives.
The Department of Administrative Services shall develop, based on its experience in implementing the preceding objectives, appropriate mechanisms to assist other state agencies in efficiently achieving sustainable internal operations. Mechanisms may include replication of department procedures or collaboration on the development of alternative approaches. In this effort, the department shall consult with the sustainability work group.
The Department of Administrative Services shall report biennially to the Governor and the Legislative Assembly on actions taken to promote sustainability. The first such report shall be submitted by December 15, 2000 and shall address actions taken by the Department of Administrative Services and other state agencies to implement this executive order.
2. Create a Sustainability Work Group
To improve the efficiency and effectiveness of efforts related to the sustainability of state operations, the Governor shall assemble a Sustainability Work Group comprising representatives of the Legislative Assembly, state agencies, business, natural resources industry and environmental interests, labor, education and local government for the purpose of providing evaluations, recommendations and feedback on state efforts. The work group shall also be asked to develop options for additional steps the state can take to promote sustainability. Staffing for the work group shall be coordinated by the Governor’s office. The work group shall present a first report to the Governor and the Legislative Assembly by December 15, 2000, with a final report due by June 1, 2001.
3. Assess Options for Sustainability Indicators and Targets
The Oregon Progress Board shall evaluate potential measures, including Oregon Benchmarks and the State of the Environment Report, for their effectiveness in measuring progress toward sustainability. In this evaluation, the Progress Board shall consult with the Sustainability Work Group and with the Department of Administrative Services. The Progress Board shall report to the Governor and Legislative Assembly on their findings as part of the board’s biennial reporting process.
4. Conduct Business, Community and Public Outreach Business and Community Outreach
In order for state government to develop sustainable internal operations and assist local organizations to do the same, the Economic and Community Development Department, after consultation with the Economic and Community Development Commission, other Community Solutions Team agencies and other appropriate state agencies, shall develop and implement strategies to accomplish the following actions:
a. Develop partnerships among state and local governments, businesses and communities that support and promote sustainability;
b. Coordinate efforts to better market sustainable products, industries and services from Oregon and encourage development of environmental technologies;
c. Develop a range of resources to support organizations adopting sustainable practices. These resources may include training and educational opportunities, electronically available information, case studies and other services of greatest value to businesses, communities and other organizations;
d. Intensify efforts to increase the economic stability of communities designated as “economically distressed;” and
e. Evaluate a range of incentives that would make investments in sustainablyoriented businesses and practices more attractive.
By September 30, 2000, the Economic and Community Development Department shall prepare and submit to the Sustainability Work Group for its review a plan to encourage businesses and communities throughout the state to learn about and voluntarily adopt sustainable practices.
By December 15, 2000, the Economic and Community Development Department shall prepare and submit to the Governor and the Legislative Assembly a report on the actions taken to implement this executive order.
Public Outreach
The Governor’s office, the Department of Administrative Services and the Economic and Community Development Department shall, after consultation with the Sustainability Work Group, develop and maintain Internet web sites describing the plans, actions and accomplishments of state agencies and highlighting examples of successful sustainability practices from the public and private sectors. In addition, these entities, in collaboration with the Sustainability Work Group, shall develop and implement short-term plans to communicate with the general public about the state’s efforts to promote sustainability.
5. Pursue Further Efforts
The State of Oregon, in cooperation with businesses, non-profit organizations, local governments and other citizens, will pursue further actions in an on-going effort to meet the goals and principles outlined in this executive order. The Governor, in subsequent orders and directives, may announce additional objectives to be pursued by agencies. Directives may also identify steps to ensure broad public participation in this sustainability effort.
Done before me at Salem, Oregon, this 17th day of May, 2000.
John A. Kitzhaber, M.D.
GOVERNOR
Source: Oregon Governor’s Website.
APPENDIX C (iii). Text of New York State Bill A5676
State of New York
5676
2001-2002 Regular Sessions
I N A S S E M B L Y
February 27, 2001
Introduced by M. of A. GRANNIS, SCHIMMINGER, SILVER, HOYT, CAHILL, STRINGER, P. RIVERA – Multi-Sponsored by – M. of A. BRAGMAN, BRENNAN, CANESTRARI, CLARK, A. COHEN, M. COHEN, COLTON, COOK, DESTITO, DiNAPOLI, GALEF, GLICK, GOTTFRIED, GREENE, JACOBS, JOHN, KAUFMAN, LAFAYETTE, LAVELLE, LUSTER, MARKEY, McENENY, MILLMAN, MORELLE, ORTIZ, PAULIN, RHODD-CUMMINGS, SANDERS, SCARBOROUGH, SEDDIO, SIDIKMAN, SWEENEY, TOWNS, WEINSTEIN, WEISENBERG — read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry 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 New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, 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. EXPLANATION: Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted.
(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.
S 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 1 of this section, it lacks an integrated strategy for achieving these goals concurrently. It also lacks established 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 1 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.
S 3. In order to achieve the goals set forth in subdivision 1 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 1, 2, 3, 4, 5, 6 and 7 of this section in the most cost-effective, economically accommodating and community oriented manner.
S 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, each to serve for a term of two years, 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 chairman and vice chairman 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.
(3) The task force may employ and at pleasure remove such personnel as it may deem necessary for the performance of its functions and fix their compensation within the amounts made available therefor.
(4) The task force may meet within and without the state, shall hold public hearings, and shall have all the powers of a legislative committee pursuant to the legislative law.
(5)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.
(6) 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. S 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.
S 6. The appointing authorities shall appoint the members of the sustainable development task force on or before 90 days after this act shall have become a law and the task force shall convene its first meeting on or before 60 days thereafter.
S 7. The task force shall make a preliminary report to the governor and the legislature of its findings, conclusions, and recommendations not later than August 1, 2002 and a final report of its findings, conclusions, and recommendations not later than March 1, 2003, and shall submit with its reports such legislative proposals as it deems necessary to implement its recommendations.
S 8. This act shall take effect immediately.
New York State Assembly 2001
APPENDIX C (iv). Connecticut Bill: “An Act Concerning Exemplary Environmental Management Systems.”
General Assembly Amendment
January Session, 1999 LCO No. 17014
Offered by:
SEN. DAILY, 33rd Dist.; REP. MADDOX, 66th Dist.
REP. MUSHINSKY, 85th Dist.; REP. COLLINS, 117th Dist.
REP. BACKER, 121st Dist.; REP. ROY, 119th Dist.
REP. CARON, 44th Dist.; REP. O’ROURKE, 32nd Dist.
REP. BERNHARD, 136th Dist.; REP. SAWYER, 55th Dist.
REP. DAVIS, 50th Dist.
To: Subst. House Bill No. 6830 File No. 799 Cal. No. 576
“An Act Concerning Exemplary Environmental Management Systems.”
Strike out everything after the enacting clause and substitute the following in lieu thereof:
“(NEW) (a) Any business required to obtain a permit or other approval from the Commissioner of Environmental Protection to operate in this state may apply to the commissioner for the benefits of the program established under subsection (e) of this section. Such application shall be on forms and in a manner prescribed by the commissioner. The advisory board convened under subsection (c) of this section shall consider, and may approve, such application if the business has demonstrated to the satisfaction of such board that such business (1) has an exemplary record of compliance with environmental laws which shall include, but shall not be limited to, evidence that such business has not been found in violation of any such law, other than a minor violation as determined under section 22a-6s of the general statutes, within the preceding three years; (2) has complied with the provisions of section 22a-6s of the general statutes, and any orders of the commissioner under said section, with regard to any minor violation, as defined in said section; and (3) consistently employs practices in its operation that ensure protection of the natural environment to a degree greater than that required by law.
(b) Upon approval of such application, the commissioner may provide the benefits of the program to the business if the commissioner finds that (1) the business is registered as meeting the ISO 14001 Environmental Management System Standard and has adopted principles for sustainability such as the CERES principles, the Natural Step, the Hanover Principles or equivalent internationally recognized principles for sustainability as determined by the commissioner, or (2) in the case of a small business, as defined in section 32-344 of the general statutes, the business has an equivalent environmental management system which employs a data collection system for the categories of information described in 63 Federal Register 12094 (1998). The environmental management system of any business approved for the program system shall include provisions for commitment of the management of the business to the environmental management system, compliance assurance and pollution prevention, enabling systems, performance and accountability, third-party audits and measurement and improvement. Any business approved for the program shall be issued a certificate by the commissioner evidencing such approval.
(c) The commissioner shall submit an application of a business under subsection
(a) of this section to an advisory board convened by the commissioner for consideration of such application. Such board shall consist of a representative of the Council on Environmental Quality; the Attorney General, or a designee; a representative of the industry in which the business is engaged, provided such representative has no business relationship with the applicant; and the commissioner, or a designee.
(d) If the commissioner finds that a business that has been approved for the program ceases to be qualified for the program because it no longer complies with the requirements provided for in subsections (a) and (b) of this section, the commissioner shall revoke the certificate issued under subsection (b) of this section and the business shall not be entitled to any further benefits under the program. Any such business may reapply to the program at any time.
(e) The Commissioner of Environmental Protection may establish a pilot program to attract to this state, or to support in this state, businesses which require a permit or other approval from the commissioner in order to operate in this state and which have a history of providing for the best protection of the natural environment in the operations of such business. Such program may be based on any model plan developed by a multistate working group or may replicate a pilot program developed by such a group. Such program shall provide for expedited review of permit applications and a public recognition process which may include issuance to businesses of a symbol or seal signifying the exemplary record of environmental protection and exclusive use of such symbol or seal by the business in its advertising or other public displays. Notwithstanding any provision of title of the general statutes and the regulations adopted by the commissioner under said title, such program may provide for (1) less frequent reporting, consistent with federal law, of information otherwise required to be reported as a condition of the business’ operation in this state, (2) a facility-wide permit for all approvals required from the commissioner for operation of a facility operated by the business in this state, (3) a permit that would allow for changes in individual processes at a facility without the need for a new permit provided the total pollutant emissions or discharge from the facility does not increase, or (4) reduced fees for any permit required from the commissioner.”
Source: Connecticut State Assembly.
APPENDIX C (v). Cal/EPA Innovation Initiative
Cal/EPA’s vision: “A California that enjoys a clean, healthy, sustainable environment that enhances the quality of life for current and future generations, and protects our diverse natural resources.”
Purpose:
In 1999 Cal/EPA launched an Innovation Initiative to evaluate the environmental and public information benefits of environmental management systems (EMS) in up to eight pilot projects. The Innovation Initiative has been further expanded to:
• engage stakeholders in dialogue about the environmental goals and strategies necessary for a sustainable California;
• conduct other regional, sector and facility EMS based pilot projects to test methods to improve environmental performance and to identify areas in the regulatory system that inhibit environmental excellence; and
• create, at Cal/EPA, a model green agency.
Cal/EPA seeks to develop the appropriate mix of regulatory and collaborative management systems and practices that will lead to superior environmental protection and a sustainable California. The Cal/EPA Innovation Initiative is one of four Agency Secretary strategies designed to accomplish that goal. Along with improved access to regional and facility based environmental information, an integrated approach to our regulatory responsibilities and completion of both a structural redesign and a strategic planning process, the Innovation Initiative seeks to help define a second generation of environmental management approaches that will lead to sustainability.
To accomplish this mission the Innovation Initiative will focus in five areas:
1. Create a “California Sustainability Plan,” a long-term vision for sustainability that delineates, for both regulated and unregulated environmental aspects critical to a sustainable future, goals, improvement targets and measures, contributing sectors, and appropriate regulatory or collaborative strategies. It will be developed in partnership with the California Environmental Dialogue, with input from a broad group of stakeholders and the public. Its goals will help guide Cal/EPA and other State Agency strategic plans and guide the selection of regional, sector and facility environmental targets.
2. Develop regional environmental management systems (EMS), multi-party agreements between Cal/EPA and state and local regulatory agencies, business and public advocacy groups, to address California’s sustainability goals, to target improved performance in significant regional environmental aspects and to identify regulatory barriers to enhanced environmental performance. Implementation will be accomplished through sector partnership agreements between Cal/EPA and state and local regulatory agencies and a responsible business sector, to achieve specified improvement that is beyond both current standards and current performance. Cal/EPA’s part of the agreement will be to agree to explore such appropriate regulatory rationalizations as unified permitting, inspection and reporting that can significantly contribute to accelerating the pace, or reducing the cost of environmental improvement.
3. Initiate “environmental excellence” agreements, with facilities that are currently in compliance with regulations, to deliver additional “beyond compliance” and “beyond current performance” improvements in significant regulated and unregulated environmental aspects. Aspects that are targeted by the California Sustainability Plan and by the regional EMS would receive the first consideration for action. Cal/EPA’s part of the agreement will be to agree to explore such appropriate regulatory rationalizations as unified permitting, inspection and reporting that can significantly contribute to accelerating the pace, or reducing the cost of environmental improvement.
4. Conduct EMS Pilot Projects, designed to inform public policy makers and stakeholders whether and how the use of an EMS:
• increases public health and environmental protection, and
• provides better public information than existing regulatory requirements.
In order to determine if an EMS provides these benefits, Cal/EPA will conduct up to eight pilot projects. Data on changes in environmental performance and regulatory compliance, pollution prevention, and stakeholder involvement will be collected and evaluated, as well as information on the types and quality of information available to stakeholders. Quarterly progress reports will be submitted to the Legislature, with the final analysis due January 1, 2002. These pilot projects are also part of a national study, sponsored by the US EPA, the Multi-State Working Group on Environmental Management Systems (MSWG) and the University of North Carolina, on the efficacy of environmental management systems.
5. Develop a Cal/EPA environmental management system with the goal of creating a model green government agency for California State government. Demonstrate exemplary environmental practices in both regulated and unregulated aspects and disseminate the knowledge gained about the reduction in environmental impacts and cost savings to other state and local government agencies and to California schools through the Cal/EPA school education program.
Legislative Authority:
Governor Gray Davis formally established the Cal/EPA EMS Innovation Initiative. Assembly Bill 1102 was cosponsored by Assembly Members Jackson, Nakano, Correa, Reyes and Senator Sher. Governor Gray Davis signed Assembly Bill 1102 on July 6, 1999. The statute codifies and clarifies existing practices in Public Resources Code, Section 71045 et. seq. January 1, 2000 is set forth as the Initiative’s establishment date, and it is due to sunset on January 1, 2002. Appropriation from the State’s General Fund provides the revenue to support this work.
Source: Cal/EPA, 2000.
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