STATE OF NEW YORK ________________________________________________________________________ 239--C 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- 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. "Conveners" means the: 6 (a) New York water resources institute at Cornell University; and 7 (b) New York sea grant at Stony Brook University. 8 2. "Agencies" means the: 9 (a) New York state department of environmental conservation; 10 (b) New York state department of health's bureau of water supply 11 protection; 12 (c) New York state department of agriculture and markets; 13 (d) New York state canal corporation; 14 (e) New York city department of environmental protection; and 15 (f) public service commission. 16 3. "Water data" means measurements of basic properties relating to the 17 planning and management of water resources, including streamflow, 18 precipitation, ground water, water quality and water use in agriculture, 19 industry and municipal uses and natural systems. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00615-12-3S. 239--C 2 1 § 3. Water data conveners and agencies; duties; standards and best 2 practices; annual plan. 1. By January 1, 2024, and at least quarterly 3 thereafter, the conveners shall organize and hold a meeting with the 4 agencies to plan and determine a framework to meet the requirements laid 5 out in this section. The conveners shall provide any expertise and 6 support necessary to assist the agencies in meeting the requirements of 7 this section and frameworks established by the agencies. 8 2. By January 1, 2026, the agencies, as led by the conveners, shall: 9 (a) identify key water data, information and tools needed to support 10 water management and planning, including but not limited to; 11 (i) state and local government data on streamflow, precipitation, 12 reservoir and irrigation system operations, ground water use and levels, 13 municipal and industrial water use and land uses, but not including data 14 from residential wells; 15 (ii) data on water rights, water diversions and water quality; 16 (iii) data on fish, aquatic and riparian systems and ecological data; 17 (iv) water quality data, including sampling results generated by 18 public water supplies in accordance with title 1 of article 11 of the 19 public health law; 20 (v) data from private wells collected by local or state agencies; 21 (vi) commercial uses of water licensed by state agencies; 22 (vii) water affordability data, including but not limited to water 23 rates, shut-offs conducted, and aggregate data on arrears; and 24 (viii) water infrastructure data. 25 (b) develop common water data standards for data collection and 26 dissemination, including practices to standardize and clean up data and 27 make it available to the public in commonly used data formats, which 28 shall, where appropriate, be arranged or identified by county and muni- 29 cipality or other appropriate geographic area, and that shall exclude 30 specific addresses, locations, and other personal information; 31 (c) make such data available to the public through the state's open 32 data program OpenNY, including working to identify and develop any crit- 33 ical data that can be made accessible via GIS mapping and ensuring that 34 all datasets have an API endpoint to allow researchers and developers to 35 access and deploy such data in ways that complement public use of such 36 data; 37 (d) identify available and unavailable water data; and 38 (e) develop framework to include data derived from citizen science 39 efforts. 40 3. Water research undertaken with state funding shall comply with the 41 common water data standards and best practices developed by the agen- 42 cies. 43 4. The agencies, as led by the conveners, shall update all data 44 collected pursuant to this act at least annually. 45 5. The agencies shall collaborate with other regional, national and 46 international efforts, including but not limited to the great lakes 47 commission and the international joint commission, to share, integrate 48 and manage water data. 49 6. By September 1, 2026, and thereafter annually by September 1 of 50 each year, the agencies shall develop and submit a plan to the governor 51 and the appropriate legislative committee that details: 52 (a) an assessment of water data and information needs to support water 53 management and planning; 54 (b) goals, targets and actions to carry out the purposes of this act 55 in the upcoming fiscal year; 56 (c) budgetary resources to carry out the purposes of this act; andS. 239--C 3 1 (d) metrics for achieving the purposes of this act. 2 § 4. Funding. Funding for such act shall consist of all revenue 3 received pursuant to an appropriation thereto, and all other monies 4 appropriated, credited or transferred from any other source pursuant to 5 law. Nothing in this section shall be deemed to prevent the state from 6 receiving grants, gifts or bequests for the purpose of such act. Grants 7 shall only be awarded based upon the availability of funds. 8 § 5. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law.