Bill Text: NY S00239 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "New York open water data act"; directs certain agencies, under the leadership of conveners, to identify and integrate key water data sets; provides duties and an annual plan for data to be researched and reported.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-06-03 - ordered to third reading rules cal.306 [S00239 Detail]

Download: New_York-2023-S00239-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         239--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens. MAY, COMRIE -- read twice and ordered printed, and
          when printed to be committed to the Committee on Environmental Conser-
          vation -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN ACT in relation to enacting the "New York open water data act"

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York open water data act".
     3    §  2. Definitions. For purposes of this act, the following terms shall
     4  have the following meanings:
     5    1. "Agencies" means the:
     6    (a) New York water resources institute at Cornell University;
     7    (b) New York state department of environmental conservation;
     8    (c) New York state department  of  health's  bureau  of  water  supply
     9  protection;
    10    (d) New York state department of agriculture and markets;
    11    (e) New York state canal corporation; and
    12    (f) New York city department of environmental protection.
    13    2.  "Data and information platform" means software, hardware and tools
    14  that collect, organize, integrate, distribute  and  archive  water  data
    15  that at a minimum:
    16    (a)  integrate  water  data  managed by state and local entities using
    17  consistent and standardized formats; and
    18    (b) integrate:
    19    (i) state and local  government  data  on  streamflow,  precipitation,
    20  reservoir and irrigation system operations, ground water use and levels,
    21  municipal and industrial water use and land uses, but not including data
    22  from residential wells;
    23    (ii) data on water rights, water diversions and water quality;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00615-04-3
        S. 239--A                           2

     1    (iii) data on fish, aquatic and riparian systems and ecological data;
     2    (iv)  water  quality  data,  including  sampling  results generated by
     3  public water supplies in accordance with title one of article eleven  of
     4  the public health law;
     5    (v) data from private wells collected by local or state agencies;
     6    (vi) commercial uses of water licensed by state agencies;
     7    (vii)  water  affordability  data,  including but not limited to water
     8  rates, shut-offs conducted, and customers in arrears; and
     9    (viii) water infrastructure data.
    10    3. "Water data" means measurements of basic properties relating to the
    11  planning  and  management  of  water  resources,  including  streamflow,
    12  precipitation, ground water, water quality and water use in agriculture,
    13  industry and municipal uses and natural systems.
    14    § 3. Water data agencies; duties; standards and best practices; annual
    15  plan.  1.  By January 1, 2025, the agencies, as convened by the New York
    16  water resources institute at Cornell University, shall:
    17    (a) identify key water data, information and tools needed  to  support
    18  water management and planning;
    19    (b)  develop  common  water  data  standards  for  data collection and
    20  dissemination, including practices to standardize and clean up data  and
    21  make  it  available  to  the public in commonly used data formats, which
    22  shall, where appropriate, be arranged or identified by county and  muni-
    23  cipality  or  other  appropriate geographic area, and that shall exclude
    24  specific addresses, locations, and other personal information;
    25    (c) develop an integrated water data and information platform, includ-
    26  ing a publicly accessible site where data will be made available through
    27  the state's open data program website;
    28    (d) identify available and unavailable water data; and
    29    (e) develop framework to include data  derived  from  citizen  science
    30  efforts.
    31    2.  Water research undertaken with state funding shall comply with the
    32  common water data standards and best practices developed  by  the  agen-
    33  cies.
    34    3.    The agencies, as convened by the New York water resources insti-
    35  tute at Cornell University, shall update all data collected pursuant  to
    36  this act at least annually.
    37    4.  The  agencies  shall collaborate with other regional, national and
    38  international efforts, including but not  limited  to  the  great  lakes
    39  commission  and  the international joint commission, to share, integrate
    40  and manage water data.
    41    5. By September 1, 2025, and thereafter annually  by  September  1  of
    42  each  year, the agencies shall develop and submit a plan to the governor
    43  and the appropriate legislative committee that details:
    44    (a) an assessment of water data and information needs to support water
    45  management and planning;
    46    (b) goals, targets and actions to carry out the purposes of  this  act
    47  in the upcoming fiscal year;
    48    (c) budgetary resources to carry out the purposes of this act; and
    49    (d) metrics for achieving the purposes of this act.
    50    §  4.  Funding.  Funding  for  such  act  shall consist of all revenue
    51  received pursuant to an appropriation  thereto,  and  all  other  monies
    52  appropriated,  credited or transferred from any other source pursuant to
    53  law. Nothing in this section shall be deemed to prevent the  state  from
    54  receiving  grants, gifts or bequests for the purpose of such act. Grants
    55  shall only be awarded based upon the availability of funds.
    56    § 5. This act shall take effect immediately.