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

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



                STATE OF NEW YORK
        ________________________________________________________________________

                                         239--D

                               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 Environmental Conservation --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to the Committee on  Environmental  Conserva-
          tion in accordance with Senate Rule 6, sec. 8 -- 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00615-18-4

        S. 239--D                           2

     1    3. "Water data" means measurements of basic properties relating to the
     2  planning  and  management  of  water  resources,  including  streamflow,
     3  precipitation, ground water, water quality and water use in agriculture,
     4  industry and municipal uses and natural systems.
     5    §  3.  Water  data  conveners and agencies; duties; standards and best
     6  practices; annual plan. 1. By January 1 in the year after this act shall
     7  have become a law, and at  least  quarterly  thereafter,  the  conveners
     8  shall  organize  and hold a meeting with the agencies to plan and deter-
     9  mine a framework to meet the requirements set forth in this section. The
    10  conveners shall provide any expertise and support  necessary  to  assist
    11  the  agencies in meeting the requirements of this section and the frame-
    12  work established by the agencies.
    13    2. By January 1 two years after this act shall have become a law,  the
    14  agencies and the conveners shall:
    15    (a)  identify  key water data, information and tools needed to support
    16  water management and planning, including but not limited to;
    17    (i) state and local  government  data  on  streamflow,  precipitation,
    18  reservoir and irrigation system operations, ground water use and levels,
    19  municipal and industrial water use and land uses, but not including data
    20  from residential wells;
    21    (ii) data on water rights, water diversions and water quality;
    22    (iii) data on fish, aquatic and riparian systems and ecological data;
    23    (iv)  water  quality  data,  including  sampling  results generated by
    24  public water supplies in accordance with title 1 of article  11  of  the
    25  public health law;
    26    (v) data from private wells collected by local or state agencies;
    27    (vi) commercial uses of water licensed by state agencies;
    28    (vii)  water  affordability  data,  including but not limited to water
    29  rates, shut-offs conducted, and aggregate data on arrears; and
    30    (viii) water infrastructure data.
    31    (b) develop common  water  data  standards  for  data  collection  and
    32  dissemination,  including practices to standardize and clean up data and
    33  make it available to the public in commonly  used  data  formats,  which
    34  shall,  where appropriate, be arranged or identified by county and muni-
    35  cipality or other appropriate geographic area, and  that  shall  exclude
    36  specific addresses, locations, and other personal information;
    37    (c)  make  such  data available to the public through the state's open
    38  data program OpenNY, including working to identify and develop any crit-
    39  ical data that can be made accessible via geographic information systems
    40  (GIS) mapping  and  ensuring  that  all  datasets  have  an  application
    41  programming interface (API) endpoint to allow researchers and developers
    42  to  access  and deploy such data in ways that further public use of such
    43  data;
    44    (d) identify available and unavailable water data; and
    45    (e) develop pathways to include  data  derived  from  citizen  science
    46  efforts.
    47    3.  Water research undertaken with state funding shall comply with the
    48  common water data standards and best practices developed  by  the  agen-
    49  cies.
    50    4.    The  agencies  and the conveners shall update all data collected
    51  pursuant to this act at least annually.
    52    5. The agencies shall collaborate with other  regional,  national  and
    53  international  efforts,  including  but  not  limited to the great lakes
    54  commission and the international joint commission, to  share,  integrate
    55  and manage water data.

        S. 239--D                           3

     1    6.  By  September  1 two years after this act shall have become a law,
     2  and thereafter annually by September 1 of each year, the agencies  shall
     3  develop  and  submit  a  plan  to  the governor and the legislature that
     4  details:
     5    (a) an assessment of water data and information needs to support water
     6  management and planning;
     7    (b)  goals,  targets and actions to carry out the purposes of this act
     8  in the upcoming fiscal year;
     9    (c) budgetary resources to carry out the purposes of this act; and
    10    (d) metrics for achieving the purposes of this act.
    11    § 4. Funding. Funding for  such  act  shall  consist  of  all  revenue
    12  received  pursuant  to  an  appropriation  thereto, and all other monies
    13  appropriated, credited or transferred from any other source pursuant  to
    14  law.  Nothing  in this section shall be deemed to prevent the state from
    15  receiving grants, gifts or bequests for the purpose of such act.  Grants
    16  shall only be awarded based upon the availability of funds.
    17    § 5. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.
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