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S01211 Summary:

BILL NOS01211A
 
SAME ASSAME AS A05254-A
 
SPONSORMAY
 
COSPNSRCOMRIE, HARCKHAM, JACKSON, WEBB
 
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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S01211 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1211--A
            Cal. No. 748
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens. MAY, COMRIE, HARCKHAM, JACKSON, WEBB -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Environmental Conservation -- reported favorably from said  commit-
          tee  and  committed  to the Committee on Finance -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01686-03-5

        S. 1211--A                          2
 
     1    (b) All such data related to fresh or  inland  waters  of  the  state,
     2  including  but  not limited to wetlands, lakes, streams, creeks, rivers,
     3  reservoirs, aquifers, and groundwater;
     4    (c)  All  data  related  to  state and municipal water infrastructure,
     5  including but not limited to canals, aqueducts, dams, and pipes;
     6    (d) Data that may include areas of mixing of fresh and marine  waters,
     7  including but not limited to tidal basins and estuaries; and
     8    (e)  At  the  discretion  of  the conveners, the term "water data" may
     9  include data related to coastal waters used for human activities includ-
    10  ing, but not limited to agriculture, recreation, and industry.
    11    § 3. Water data conveners and agencies;  duties;  standards  and  best
    12  practices; annual plan. 1. By January 1 in the year after this act shall
    13  have  become  a  law,  and  at least quarterly thereafter, the conveners
    14  shall organize and hold a meeting with the agencies to plan  and  deter-
    15  mine a framework to meet the requirements set forth in this section. The
    16  conveners  shall  provide  any expertise and support necessary to assist
    17  the agencies in meeting the requirements of this section and the  frame-
    18  work established by the agencies.
    19    2.  By January 1 two years after this act shall have become a law, the
    20  agencies and the conveners shall:
    21    (a) identify key water data, information and tools needed  to  support
    22  water management and planning, including but not limited to;
    23    (i)  state  and  local  government  data on streamflow, precipitation,
    24  reservoir and irrigation system operations, ground water use and levels,
    25  municipal and industrial water use and land uses, but not including data
    26  from residential wells;
    27    (ii) data on water rights, water diversions and water quality;
    28    (iii) data on fish, aquatic and riparian systems and ecological data;
    29    (iv) water quality  data,  including  sampling  results  generated  by
    30  public  water  supplies  in accordance with title 1 of article 11 of the
    31  public health law;
    32    (v) data from private wells collected by local or state agencies;
    33    (vi) commercial uses of water licensed by state agencies;
    34    (vii) water affordability data, including but  not  limited  to  water
    35  rates, shut-offs conducted, and aggregate data on arrears; and
    36    (viii) water infrastructure data.
    37    (b)  develop  common  water  data  standards  for  data collection and
    38  dissemination, including practices to standardize and clean up data  and
    39  make  it  available  to  the public in commonly used data formats, which
    40  shall, where appropriate, be arranged or identified by county and  muni-
    41  cipality  or  other  appropriate geographic area, and that shall exclude
    42  specific addresses, locations, and other personal information;
    43    (c) make such water data available to the public through  the  state's
    44  open  data program OpenNY, including working to identify and develop any
    45  critical data that can be made  accessible  via  geographic  information
    46  systems (GIS) mapping and ensuring that all datasets have an application
    47  programming interface (API) endpoint to allow researchers and developers
    48  to  access  and deploy such data in ways that further public use of such
    49  data;
    50    (d) identify available and unavailable water data; and
    51    (e) develop pathways  to  include  water  data  derived  from  citizen
    52  science efforts.
    53    3. Water data research undertaken with state funding shall comply with
    54  the  common  water  data  standards  and best practices developed by the
    55  agencies.

        S. 1211--A                          3
 
     1    4.   The agencies and  the  conveners  shall  update  all  water  data
     2  collected pursuant to this act at least annually.
     3    5.  The  agencies  shall collaborate with other regional, national and
     4  international efforts, including but not  limited  to  the  great  lakes
     5  commission  and  the international joint commission, to share, integrate
     6  and manage water data.
     7    6. By September 1 two years after this act shall have  become  a  law,
     8  and  thereafter annually by September 1 of each year, the agencies shall
     9  develop and submit a plan to  the  governor  and  the  legislature  that
    10  details:
    11    (a) an assessment of water data and information needs to support water
    12  management and planning;
    13    (b)  goals,  targets and actions to carry out the purposes of this act
    14  in the upcoming fiscal year;
    15    (c) budgetary resources to carry out the purposes of this act; and
    16    (d) metrics for achieving the purposes of this act.
    17    § 4. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.
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