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--B

                               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

        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.  "Data and information platform" means software, hardware and tools
    17  that collect, organize, integrate, distribute  and  archive  water  data
    18  that at a minimum:
    19    (a)  integrate  water  data  managed by state and local entities using
    20  consistent and standardized formats; and
    21    (b) integrate:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00615-08-3
        S. 239--B                           2

     1    (i) state and local  government  data  on  streamflow,  precipitation,
     2  reservoir and irrigation system operations, ground water use and levels,
     3  municipal and industrial water use and land uses, but not including data
     4  from residential wells;
     5    (ii) data on water rights, water diversions and water quality;
     6    (iii) data on fish, aquatic and riparian systems and ecological data;
     7    (iv)  water  quality  data,  including  sampling  results generated by
     8  public water supplies in accordance with title one of article eleven  of
     9  the public health law;
    10    (v) data from private wells collected by local or state agencies;
    11    (vi) commercial uses of water licensed by state agencies;
    12    (vii)  water  affordability  data,  including but not limited to water
    13  rates, shut-offs conducted, and aggregate data on arrears; and
    14    (viii) water infrastructure data.
    15    4. "Water data" means measurements of basic properties relating to the
    16  planning  and  management  of  water  resources,  including  streamflow,
    17  precipitation, ground water, water quality and water use in agriculture,
    18  industry and municipal uses and natural systems.
    19    §  3.  Water  data  conveners and agencies; duties; standards and best
    20  practices; annual plan. 1. By January 1, 2024, and  at  least  quarterly
    21  thereafter,  the  conveners  shall  organize and hold a meeting with the
    22  agencies to plan and determine a framework to meet the requirements laid
    23  out in this section. The  conveners  shall  provide  any  expertise  and
    24  support  necessary to assist the agencies in meeting the requirements of
    25  this section and frameworks established by the agencies.
    26    2. By January 1, 2026, the agencies, as led by the conveners, shall:
    27    (a) identify key water data, information and tools needed  to  support
    28  water management and planning;
    29    (b)  develop  common  water  data  standards  for  data collection and
    30  dissemination, including practices to standardize and clean up data  and
    31  make  it  available  to  the public in commonly used data formats, which
    32  shall, where appropriate, be arranged or identified by county and  muni-
    33  cipality  or  other  appropriate geographic area, and that shall exclude
    34  specific addresses, locations, and other personal information;
    35    (c) make such data available to the public through  the  state's  open
    36  data program OpenNY;
    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; and
        S. 239--B                           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.