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A03299 Summary:

BILL NOA03299E
 
SAME ASSAME AS S00239-E
 
SPONSORKelles
 
COSPNSRRosenthal L, Thiele, Simone, Colton, Otis, Sillitti, Slater
 
MLTSPNSR
 
 
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.
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A03299 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3299--E
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced by M. of A. KELLES, L. ROSENTHAL, THIELE, SIMONE -- read once
          and referred to the Committee on Environmental Conservation -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee -- again reported from  said  committee  with
          amendments,  ordered  reprinted  as  amended  and  recommitted to said
          committee -- again  reported  from  said  committee  with  amendments,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Environmental Conservation in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00615-20-4

        A. 3299--E                          2
 
     1    (a) Measurements of basic properties  relating  to  the  planning  and
     2  management  of  water  resources,  including  streamflow, precipitation,
     3  ground water, water quality and water use in agriculture,  industry  and
     4  municipal uses and natural systems;
     5    (b)  All  such  data  related  to fresh or inland waters of the state,
     6  including but not limited to wetlands, lakes, streams,  creeks,  rivers,
     7  reservoirs, aquifers, and groundwater;
     8    (c)  All  data  related  to  state and municipal water infrastructure,
     9  including but not limited to canals, aqueducts, dams, and pipes;
    10    (d) Data that may include areas of mixing of fresh and marine  waters,
    11  including but not limited to tidal basins and estuaries; and
    12    (e)  At  the  discretion  of  the conveners, the term "water data" may
    13  include data related to coastal waters used for human activities includ-
    14  ing, but not limited to agriculture, recreation, and industry.
    15    § 3. Water data conveners and agencies;  duties;  standards  and  best
    16  practices; annual plan. 1. By January 1 in the year after this act shall
    17  have  become  a  law,  and  at least quarterly thereafter, the conveners
    18  shall organize and hold a meeting with the agencies to plan  and  deter-
    19  mine a framework to meet the requirements set forth in this section. The
    20  conveners  shall  provide  any expertise and support necessary to assist
    21  the agencies in meeting the requirements of this section and the  frame-
    22  work established by the agencies.
    23    2.  By January 1 two years after this act shall have become a law, the
    24  agencies and the conveners shall:
    25    (a) identify key water data, information and tools needed  to  support
    26  water management and planning, including but not limited to;
    27    (i)  state  and  local  government  data on streamflow, precipitation,
    28  reservoir and irrigation system operations, ground water use and levels,
    29  municipal and industrial water use and land uses, but not including data
    30  from residential wells;
    31    (ii) data on water rights, water diversions and water quality;
    32    (iii) data on fish, aquatic and riparian systems and ecological data;
    33    (iv) water quality  data,  including  sampling  results  generated  by
    34  public  water  supplies  in accordance with title 1 of article 11 of the
    35  public health law;
    36    (v) data from private wells collected by local or state agencies;
    37    (vi) commercial uses of water licensed by state agencies;
    38    (vii) water affordability data, including but  not  limited  to  water
    39  rates, shut-offs conducted, and aggregate data on arrears; and
    40    (viii) water infrastructure data.
    41    (b)  develop  common  water  data  standards  for  data collection and
    42  dissemination, including practices to standardize and clean up data  and
    43  make  it  available  to  the public in commonly used data formats, which
    44  shall, where appropriate, be arranged or identified by county and  muni-
    45  cipality  or  other  appropriate geographic area, and that shall exclude
    46  specific addresses, locations, and other personal information;
    47    (c) make such water data available to the public through  the  state's
    48  open  data program OpenNY, including working to identify and develop any
    49  critical data that can be made  accessible  via  geographic  information
    50  systems (GIS) mapping and ensuring that all datasets have an application
    51  programming interface (API) endpoint to allow researchers and developers
    52  to  access  and deploy such data in ways that further public use of such
    53  data;
    54    (d) identify available and unavailable water data; and
    55    (e) develop pathways  to  include  water  data  derived  from  citizen
    56  science efforts.

        A. 3299--E                          3
 
     1    3. Water data research undertaken with state funding shall comply with
     2  the  common  water  data  standards  and best practices developed by the
     3  agencies.
     4    4.    The  agencies  and  the  conveners  shall  update all water data
     5  collected pursuant to this act at least annually.
     6    5. The agencies shall collaborate with other  regional,  national  and
     7  international  efforts,  including  but  not  limited to the great lakes
     8  commission and the international joint commission, to  share,  integrate
     9  and manage water data.
    10    6.  By  September  1 two years after this act shall have become a law,
    11  and thereafter annually by September 1 of each year, the agencies  shall
    12  develop  and  submit  a  plan  to  the governor and the legislature that
    13  details:
    14    (a) an assessment of water data and information needs to support water
    15  management and planning;
    16    (b) goals, targets and actions to carry out the purposes of  this  act
    17  in the upcoming fiscal year;
    18    (c) budgetary resources to carry out the purposes of this act; and
    19    (d) metrics for achieving the purposes of this act.
    20    §  4.  Funding.  Funding  for  such  act  shall consist of all revenue
    21  received pursuant to an appropriation  thereto,  and  all  other  monies
    22  appropriated,  credited or transferred from any other source pursuant to
    23  law. Nothing in this section shall be deemed to prevent the  state  from
    24  receiving  grants, gifts or bequests for the purpose of such act. Grants
    25  shall only be awarded based upon the availability of funds.
    26    § 5. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
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