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. LBD00615-04-3S. 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.