N.Y. Education Law § 235-a: New York state biodiversity research institute

§ 235-a. New York state biodiversity research institute. 1. The New

York state biodiversity research institute is hereby created within the

New York state museum within the education department. The purposes of

the institute shall include:

(a) advising the governor, governmental agencies, the regents, and the

legislature on matters relating to biodiversity in New York state;

(b) fostering, pursuing and sponsoring collaborative biological and

ecological research;

(c) increasing understanding of biodiversity research and conservation

needs in New York by establishing and reporting on what is known and

what is not known about the biological diversity of the state;

(d) identifying priority needs for biodiversity research and inventory

work within New York that currently are not receiving adequate

attention, and identifying public or private entities that are best

situated to address such needs, thereby leading to better coordination

of biodiversity research efforts in the state;

(e) promoting awareness of existing and new sources of biodiversity

information and biodiversity expertise among planners, policy makers,

and resource managers;

(f) educating elected officials, governmental agencies, and the

general public on biodiversity issues through such means as it may

determine;

(g) organizing and sponsoring meetings on biodiversity topics;

(h) encouraging the establishment of networks of collaborating

scientists engaged in related aspects of biodiversity research;

(i) raising sensitivity to biodiversity concerns among state and local

government agencies, and serving as a forum for enhanced interagency

information sharing and cooperation;

(j) recommending priority activities for funding through the state

land biodiversity stewardship account, created pursuant to section

ninety-seven-oo of the state finance law;

(k) assisting the commissioners of environmental conservation and

parks, recreation and historic preservation in conducting reviews,

pursuant to section 3-0302 of the environmental conservation law and

subdivision eighteen of section 3.09 of the parks, recreation and

historic preservation law, of lands currently in state ownership, to

identify lands and waters that harbor plants, animals, and ecological

communities that are rare in New York state;

(l) assisting the commissioner of parks, recreation and historic

preservation in identifying ecologically significant sites within state

parks and historic sites that are candidates for park preserve or park

preservation area designation pursuant to article twenty of the parks,

recreation and historic preservation law; and

(m) assisting the commissioner of environmental conservation in

identifying lands of ecological significance, currently in state

ownership, to recommend to the governor and the legislature for

dedication to the state nature and historical preserve trust pursuant to

article forty-five of the environmental conservation law.

2. Definitions. When used in this section, the following terms shall

mean:

(a) "Biodiversity" or "biological diversity" means the total variety

of living organisms found in the state, and the natural processes that

support them; and

(b) "Institute" shall mean the New York state biodiversity research

institute created pursuant to subdivision one of this section.

3. Research programs. The institute shall foster, pursue and sponsor

original systematic and ecological research, field studies, and

inventories of biological collections that are designed to:

(a) increase the information base pertaining to plant, animal,

biological community, and ecosystem occurrences in the state, including

descriptions, collections and catalogs of fauna and flora, plant and

animal life-cycle requirements and characteristics, the dynamics of

ecological processes, and the status of rare plants, animals, and

biological communities;

(b) detect, document, and interpret patterns and changes in the flora

and fauna of the state, including expansions, losses, and introductions

of species;

(c) explore and foster the gathering of data in poorly known or

vulnerable areas of the state; and

(d) investigate techniques designed to conserve, protect, and manage

biodiversity.

4. Education and information transfer programs. The institute shall

foster the collection, transfer, and application of biodiversity

information in the state by:

(a) fostering access, compatibility, interchange, and synthesis of

data among biological information systems maintained by public entities,

academic and research institutions, and private organizations;

(b) employing advanced technology to coordinate for ease of use the

scattered biological collection resources of the state;

(c) promoting adherence to accepted standards for biodiversity

research, including quality control for the collection of voucher

specimens and data, and protocols for responsible collection policies;

and

(d) supporting the preparation and publication of interpretative works

that draw upon biological collection resources.

5. Biennial reports. The institute shall prepare and submit a report

on or before January first, nineteen hundred ninety-five and every two

years thereafter to the governor, the regents, and the legislature

describing programs undertaken or sponsored by the institute, the status

of knowledge regarding the state's biodiversity, and research needs

related thereto.

6. Executive committee. The institute shall be guided by an executive

committee. Members of the committee shall be from varying backgrounds

with members selected from the stewardship community, from the

scientific community, as well as from government service. Such committee

shall consist of seventeen members including the commissioner, the

commissioner of environmental conservation, the commissioner of parks,

recreation and historic preservation, the chancellor of the state

university of New York or their designees, seven at large members

appointed by the governor, one of whom shall be chairperson, two members

appointed by the temporary president of the senate, one member appointed

by the minority leader of the senate, two members appointed by the

speaker of the assembly and one member appointed by the minority leader

of the assembly. Appointed members shall serve for a term of three

years, provided that such members may be reappointed. The executive

committee shall:

(a) adopt policies, procedures, and criteria governing the programs

and operations of the institute;

(b) recommend to the governor and legislature appropriate actions to

identify, manage and conserve exemplary occurrences of common ecological

communities on state-owned lands. An "exemplary occurrence of a common

ecological community" shall mean a representative, high quality example

of a given ecological community type, characterized by a distinctive

assemblage of interacting plant and animal populations;

(c) develop and implement the research, education and information

transfer programs of the institute;

(d) identify and rate proposals for biodiversity research;

(e) identify and rate proposals for biodiversity stewardship;

(f) submit to the director of the budget, and the chairpersons of the

senate finance committee and the assembly ways and means committee on

the first day of October nineteen hundred ninety-three and on or before

August first in each year thereafter, a budget request for the

expenditure of funds available from the biodiversity stewardship and

research fund, for the purposes established by section ninety-seven-oo

of the state finance law;

(g) meet publicly at least twice a year. The committee shall widely

disseminate notice of its meetings at least two weeks prior to each

meeting. The commissioners of environmental conservation, education and

parks, recreation and historic preservation and the chancellor of the

state university shall aid in such dissemination.

7. Scientific working group. The executive committee shall appoint a

scientific working group composed of not more than fifteen individuals

representing governmental agencies (including a biologist from the

department of environmental conservation), academic or research

institutions, educational organizations, the forest products industry

and non-profit conservation organizations. Members of the scientific

working group shall have knowledge and expertise in biodiversity

conservation and research and shall serve for a term of three years,

provided, however that members may be reappointed for more than one term

at the discretion of the executive committee. The scientific working

group shall make recommendations to the executive committee with respect

to:

(a) the identification of priority biodiversity research needs in the

state;

(b) the development and implementation of the institute's research,

education, and information transfer programs;

(c) the allocation and expenditure of funds from the biodiversity

stewardship and research fund created pursuant to section

ninety-seven-oo of the state finance law;

(d) identification and rating of proposals for biodiversity research;

and

(e) identification and rating of proposals for biodiversity

stewardship.

8. Institute director. The institute shall have a director who shall

be appointed by the executive committee and shall after appointment be

an employee of the state museum and science service. The institute

director shall serve at the pleasure of the executive committee. The

institute director shall serve as chief administrative officer of the

institute and provide the necessary support for the executive committee.

9. Compensation. The members of the executive committee and the

scientific working group shall serve without additional compensation,

but shall be eligible to receive reimbursement for their actual and

necessary expenses from the biodiversity stewardship and research fund

established by section ninety-seven-oo of the state finance law,

provided however, members of the executive committee representing state

agencies may receive reimbursement for their actual and necessary

expenses from their respective agencies. Members of the executive

committee and scientific working group shall be considered state

employees for the purposes of sections seventeen and nineteen of the

public officers law.

10. Memorandum of understanding. The education department, the

department of environmental conservation, and the office of parks,

recreation and historic preservation shall enter into a written

memorandum of understanding to facilitate the appropriate implementation

of the biodiversity research institute and the goals, responsibilities,

and programs established by this section.