2006 New York Code - 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.