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A05254 Summary:

BILL NOA05254A
 
SAME ASNo Same As
 
SPONSORKelles
 
COSPNSRRosenthal, Simone, Colton, Otis, Slater, Levenberg
 
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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A05254 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5254--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2025
                                       ___________
 
        Introduced  by M. of A. KELLES, ROSENTHAL, SIMONE, COLTON, OTIS, SLATER,
          LEVENBERG -- read once and referred to the Committee on  Environmental
          Conservation  -- 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:
    17    (a) Measurements of basic properties  relating  to  the  planning  and
    18  management  of  water  resources,  including  streamflow, precipitation,
    19  ground water, water quality and water use in agriculture,  industry  and
    20  municipal uses and natural systems;
    21    (b)  All  such  data  related  to fresh or inland waters of the state,
    22  including but not limited to wetlands, lakes, streams,  creeks,  rivers,
    23  reservoirs, aquifers, and groundwater;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01686-02-5

        A. 5254--A                          2
 
     1    (c)  All  data  related  to  state and municipal water infrastructure,
     2  including but not limited to canals, aqueducts, dams, and pipes;
     3    (d)  Data that may include areas of mixing of fresh and marine waters,
     4  including but not limited to tidal basins and estuaries; and
     5    (e) At the discretion of the conveners,  the  term  "water  data"  may
     6  include data related to coastal waters used for human activities includ-
     7  ing, but not limited to agriculture, recreation, and industry.
     8    §  3.  Water  data  conveners and agencies; duties; standards and best
     9  practices; annual plan. 1. By January 1 in the year after this act shall
    10  have become a law, and at  least  quarterly  thereafter,  the  conveners
    11  shall  organize  and hold a meeting with the agencies to plan and deter-
    12  mine a framework to meet the requirements set forth in this section. The
    13  conveners shall provide any expertise and support  necessary  to  assist
    14  the  agencies in meeting the requirements of this section and the frame-
    15  work established by the agencies.
    16    2. By January 1 two years after this act shall have become a law,  the
    17  agencies and the conveners shall:
    18    (a)  identify  key water data, information and tools needed to support
    19  water management and planning, including but not limited to;
    20    (i) state and local  government  data  on  streamflow,  precipitation,
    21  reservoir and irrigation system operations, ground water use and levels,
    22  municipal and industrial water use and land uses, but not including data
    23  from residential wells;
    24    (ii) data on water rights, water diversions and water quality;
    25    (iii) data on fish, aquatic and riparian systems and ecological data;
    26    (iv)  water  quality  data,  including  sampling  results generated by
    27  public water supplies in accordance with title 1 of article  11  of  the
    28  public health law;
    29    (v) data from private wells collected by local or state agencies;
    30    (vi) commercial uses of water licensed by state agencies;
    31    (vii)  water  affordability  data,  including but not limited to water
    32  rates, shut-offs conducted, and aggregate data on arrears; and
    33    (viii) water infrastructure data.
    34    (b) develop common  water  data  standards  for  data  collection  and
    35  dissemination,  including practices to standardize and clean up data and
    36  make it available to the public in commonly  used  data  formats,  which
    37  shall,  where appropriate, be arranged or identified by county and muni-
    38  cipality or other appropriate geographic area, and  that  shall  exclude
    39  specific addresses, locations, and other personal information;
    40    (c)  make  such water data available to the public through the state's
    41  open data program OpenNY, including working to identify and develop  any
    42  critical  data  that  can  be made accessible via geographic information
    43  systems (GIS) mapping and ensuring that all datasets have an application
    44  programming interface (API) endpoint to allow researchers and developers
    45  to access and deploy such data in ways that further public use  of  such
    46  data;
    47    (d) identify available and unavailable water data; and
    48    (e)  develop  pathways  to  include  water  data  derived from citizen
    49  science efforts.
    50    3. Water data research undertaken with state funding shall comply with
    51  the common water data standards and  best  practices  developed  by  the
    52  agencies.
    53    4.    The  agencies  and  the  conveners  shall  update all water data
    54  collected pursuant to this act at least annually.
    55    5. The agencies shall collaborate with other  regional,  national  and
    56  international  efforts,  including  but  not  limited to the great lakes

        A. 5254--A                          3
 
     1  commission and the international joint commission, to  share,  integrate
     2  and manage water data.
     3    6.  By  September  1 two years after this act shall have become a law,
     4  and thereafter annually by September 1 of each year, the agencies  shall
     5  develop  and  submit  a  plan  to  the governor and the legislature that
     6  details:
     7    (a) an assessment of water data and information needs to support water
     8  management and planning;
     9    (b) goals, targets and actions to carry out the purposes of  this  act
    10  in the upcoming fiscal year;
    11    (c) budgetary resources to carry out the purposes of this act; and
    12    (d) metrics for achieving the purposes of this act.
    13    § 4. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.
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