S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7752
 
                             I N  S E N A T E
 
                             February 16, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the legislative law,  in  relation  to  authorizing  the
   legislative  commission on the development of rural resources to study
   the effectiveness of pond and lake management programs; to  amend  the
   executive  law,  the  soil  and  water conservation districts law, the
   environmental conservation law, the public health law,  the  education
   law  and the public authorities law, in relation to the mitigation and
   control of harmful algal blooms;  and  providing  for  the  repeal  of
   certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 83-i of the  legislative  law,  as
 added by chapter 141 of the laws of 1994, is amended to read as follows:
   2.  A  legislative commission on the development of rural resources is
 hereby established (a) to examine the impact of rural resources upon the
 state's economy; (b) to review existing laws  and  regulations  as  they
 pertain  to  rural resources; (c) to assess the effect of state policies
 generally on rural areas; (d) to reassess the effectiveness of  programs
 specifically  addressed  to  rural  resource needs and problems, such as
 agricultural districting, agricultural product promotion, maintenance of
 agricultural land, forest management,  POND  AND  LAKE  MANAGEMENT,  tax
 exemptions for agricultural and forest land, oil and gas regulation, and
 tourism  and  recreation;  and  (e)  to make such recommendations to the
 legislature for action as it determines necessary  for  the  enhancement
 and protection of the state's rural resources.
   §  2. Paragraph a of subdivision 2 of section 20 of the executive law,
 as amended by section 1 of part B of chapter 56 of the laws of 2010,  is
 amended to read as follows:
   a.  "disaster"  means  occurrence or imminent threat of wide spread or
 severe damage, injury, or loss of life or property  resulting  from  any
 natural  or man-made causes, including, but not limited to, fire, flood,
 earthquake, hurricane, tornado, high water, landslide,  mudslide,  wind,
 storm,  wave  action,  volcanic  activity,  epidemic, air contamination,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14097-03-8

 S. 7752                             2
 
 terrorism, cyber event, blight, drought, infestation, explosion,  radio-
 logical  accident,  nuclear,  chemical,  biological,  or bacteriological
 release, water contamination (INCLUDING BY HARMFUL ALGAL BLOOM OR  HYPO-
 XIA), bridge failure or bridge collapse.
   § 3. Subparagraph 3 of paragraph i and paragraph j of subdivision 3 of
 section  21  of  the executive law, as amended by section 2 of part B of
 chapter 56 of the laws of 2010, are amended and a  new  paragraph  k  is
 added to read as follows:
   (3)  the status of the state and local plans for disaster preparedness
 and response, including the name of any locality  which  has  failed  or
 refused  to develop and implement its own disaster preparedness plan and
 program; and the extent to which all forms of local  emergency  response
 assets have been included, and accounted for in planning and preparation
 for disaster preparedness and response; [and]
   j.  develop  public  service  announcements to be distributed to tele-
 vision and radio stations and other media throughout the state informing
 the public how to prepare and respond to disasters. Such public  service
 announcements  shall  be distributed in English and such other languages
 as such commission deems appropriate[.]; AND
   K. ESTABLISH AND PROVIDE FOR  THE  DEPLOYMENT  OF  EMERGENCY  RESPONSE
 TEAMS  IN  THE  EVENT  OF  A  SUSPECTED CONTAMINATION OF A POTABLE WATER
 SOURCE BY HARMFUL ALGAL BLOOM OR HYPOXIA. EACH SUCH RESPONSE TEAM  SHALL
 INCLUDE  QUALIFIED  TECHNICIANS FROM THE DEPARTMENTS OF HEALTH AND ENVI-
 RONMENTAL CONSERVATION TO  GATHER  AND  TEST  WATER  SAMPLES;  AND  SUCH
 PERSONNEL  AS  THE COMMISSION SHALL DETERMINE TO BE NECESSARY TO PROVIDE
 ASSISTANCE TO THE COMMUNITIES AFFECTED BY SUCH CONTAMINATION  INCLUDING,
 BUT NOT LIMITED TO, THE PROVISION OF POTABLE WATER.
   §  4.  Section  912  of  the  executive law is amended by adding a new
 subdivision 17 to read as follows:
   17. TO UNDERSTAND, DETECT, MONITOR,  PREDICT,  CONTROL,  MITIGATE  AND
 RESPOND TO HARMFUL MARINE AND FRESHWATER ALGAL BLOOM AND HYPOXIA EVENTS.
   §  5.  Subdivision  16 of section 9 of the soil and water conservation
 districts law, as added by chapter 293 of the laws of  2014,  is  renum-
 bered  subdivision  17  and  a  new  subdivision  18 is added to read as
 follows:
   (18) WITHIN THE LIMITS  OF  APPROPRIATIONS  MADE  AVAILABLE  FOR  SUCH
 PURPOSES,  TO  UNDERTAKE  A  PROGRAM  FOR  THE  MONITORING  OF AND EVENT
 RESPONSE TO HARMFUL FRESHWATER ALGAL BLOOMS  IN  PONDS,  LAKES,  RIVERS,
 ESTUARIES  (INCLUDING THEIR TRIBUTARIES), AND RESERVOIRS; AND MITIGATION
 AND CONTROL OF HARMFUL FRESHWATER ALGAL BLOOMS.
   § 6. Article 17 of the environmental conservation law  is  amended  by
 adding a new title 23 to read as follows:
                                 TITLE 23
                           HARMFUL ALGAL BLOOMS
 SECTION 17-2301. DEFINITIONS.
         17-2303. NEW YORK HARMFUL ALGAL BLOOM AND HYPOXIA COMMISSION.
         17-2305. NEW  YORK  HARMFUL  ALGAL  BLOOM  AND  HYPOXIA ADVISORY
                    COMMITTEE.
         17-2307. GENERAL POWERS AND DUTIES OF THE DEPARTMENT.
         17-2309. LOCAL AND REGIONAL ASSESSMENTS.
 § 17-2301. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ADVISORY COMMITTEE" MEANS THE NEW YORK HARMFUL ALGAL  BLOOM  ADVI-
 SORY COMMITTEE ESTABLISHED BY SECTION 17-2305 OF THIS TITLE.
   2.  "COMMISSION"  MEANS  THE  NEW YORK HARMFUL ALGAL BLOOM AND HYPOXIA
 COMMISSION ESTABLISHED BY SECTION 17-2303 OF THIS TITLE.

 S. 7752                             3
 
   3. "HARMFUL ALGAL BLOOM" MEANS THE OCCURRENCE OF HYPOXIA OR A  HARMFUL
 ALGAL  BLOOM  AS  A  RESULT  OF A NATURAL, ANTHROPOGENIC OR UNDETERMINED
 CAUSE.
 § 17-2303. NEW YORK HARMFUL ALGAL BLOOM AND HYPOXIA COMMISSION.
   1.  THERE  IS  HEREBY ESTABLISHED, WITHIN THE DEPARTMENT, THE NEW YORK
 HARMFUL ALGAL  BLOOM  AND  HYPOXIA  COMMISSION.  SUCH  COMMISSION  SHALL
 CONSIST  OF  TEN MEMBERS AND SHALL INCLUDE THE COMMISSIONER; THE COMMIS-
 SIONERS OF AGRICULTURE AND MARKETS, HEALTH, AND  PARKS,  RECREATION  AND
 HISTORIC  PRESERVATION;  THE  SECRETARY  OF  STATE; THE DIRECTORS OF THE
 STATE SOIL AND WATER CONSERVATION COMMITTEE AND STATE CANAL CORPORATION,
 AND THE CHAIRMAN OF THE ADIRONDACK PARK AGENCY; OR A  DESIGNEE  OF  SUCH
 COMMISSIONER, DIRECTOR OR CHAIRMAN; AND THE SENATE CHAIRMAN AND ASSEMBLY
 CHAIRMAN  OF  THE  LEGISLATIVE  COMMISSION  ON  THE DEVELOPMENT OF RURAL
 RESOURCES OR HIS OR HER DESIGNEE.
   2. THE DIRECTOR OF THE STATE SOIL AND WATER CONSERVATION COMMITTEE AND
 THE COMMISSIONER, OR THEIR DESIGNEE SHALL SERVE AS JOINT CHAIRS  OF  THE
 COMMISSION.
   3.  THE  COMMISSION  SHALL MEET AT LEAST QUARTERLY AND SHALL REGULARLY
 CONSULT WITH THE ADVISORY COMMITTEE.
   4. THE COMMISSION  MAY  CONSULT  WITH  ANY  ORGANIZATION,  EDUCATIONAL
 INSTITUTION  OR  GOVERNMENTAL  AGENCY INCLUDING, BUT NOT LIMITED TO, THE
 COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY OF THE  STATE  UNIVERSITY,
 THE ARMY CORPS OF ENGINEERS, THE NATURAL RESOURCES CONSERVATION SERVICE,
 THE UNITED STATES DEPARTMENT OF COMMERCE, THE NATIONAL INTER-AGENCY TASK
 FORCE  ON  HARMFUL  ALGAL BLOOMS AND HYPOXIA, AND THE NEW YORK OCEAN AND
 GREAT LAKES ECOSYSTEM CONSERVATION COUNCIL.
   5. THE DUTIES OF THE COMMISSION SHALL INCLUDE, BUT ARE NOT LIMITED TO:
   (A) FROM TIME TO TIME ASSESSING THE NATURE, SCOPE AND MAGNITUDE OF THE
 ENVIRONMENTAL, ECOLOGICAL,  AGRICULTURAL,  ECONOMIC,  RECREATIONAL,  AND
 SOCIAL IMPACTS CAUSED BY HARMFUL ALGAL BLOOMS IN THE STATE;
   (B)  FROM  TIME  TO  TIME  IDENTIFYING ACTIONS TAKEN BY MEMBERS OF THE
 COMMISSION, STATE AND LOCAL GOVERNMENTS AND THE PUBLIC  TO:  UNDERSTAND,
 DETECT,  MONITOR,  PREDICT,  CONTROL,  MITIGATE,  AND RESPOND TO HARMFUL
 MARINE AND FRESHWATER ALGAL BLOOM AND HYPOXIA EVENTS; ASSIST AND COORDI-
 NATE, WHERE APPROPRIATE, WITH OTHER GOVERNMENT AGENCIES,  PROGRAMS,  AND
 REGIONAL EFFORTS THAT ADDRESS HARMFUL MARINE AND FRESHWATER ALGAL BLOOMS
 AND HYPOXIA, INCLUDING THE DEVELOPMENT AND IMPLEMENTATION OF APPROPRIATE
 RESPONSE  PLANS,  STRATEGIES,  AND  TOOLS; DETECT AND RESPOND RAPIDLY TO
 HARMFUL ALGAL BLOOMS  IN  A  COST-EFFECTIVE  AND  ENVIRONMENTALLY  SOUND
 MANNER;  MONITOR  HARMFUL  ALGAL BLOOMS ACCURATELY AND RELIABLY; PROVIDE
 FOR RESTORATION OF NATIVE SPECIES AND HABITAT CONDITIONS  IN  ECOSYSTEMS
 THAT  HAVE  BEEN  AFFECTED; CONDUCT RESEARCH ON HARMFUL ALGAL BLOOMS AND
 DEVELOP TECHNOLOGIES  TO  PREVENT  INTRODUCTION;  PROVIDE  FOR  ENVIRON-
 MENTALLY SOUND CONTROL OF HARMFUL ALGAL BLOOMS; PROMOTE PUBLIC EDUCATION
 PROGRAMS  TO  IMPROVE  PUBLIC UNDERSTANDING AND AWARENESS OF THE CAUSES,
 IMPACTS, AND MITIGATION EFFORTS FOR HARMFUL MARINE AND FRESHWATER  ALGAL
 BLOOMS  AND  HYPOXIA; AND PROVIDE RESOURCES TO ASSIST IN THE TRAINING OF
 LOCAL WATER AND COASTAL RESOURCE MANAGERS IN THE METHODS  AND  TECHNOLO-
 GIES  FOR DETECTING, MONITORING, CONTROLLING, MITIGATING, AND RESPONDING
 TO THE EFFECTS OF HARMFUL MARINE AND FRESHWATER ALGAL BLOOM AND  HYPOXIA
 EVENTS;
   (C)  THE  DEVELOPMENT OF A COMPREHENSIVE PLAN FOR HARMFUL ALGAL BLOOMS
 AND HYPOXIA. SUCH COMPREHENSIVE PLAN SHOULD,  AT  A  MINIMUM:  RECOMMEND
 INTERAGENCY  RESPONSIBILITIES;  DESCRIBE  COORDINATION  AMONG  DIFFERENT
 AGENCIES AND ORGANIZATIONS;  ADDRESS  PREVENTION,  EARLY  DETECTION  AND
 RAPID  RESPONSE;  IDENTIFY  OPPORTUNITIES  FOR  CONTROL AND RESTORATION,

 S. 7752                             4
 
 INCLUDING RESEARCH NEEDS; AND DESCRIBE EFFECTIVE OUTREACH AND EDUCATION.
 SUCH PLAN SHALL RECOMMEND RESPONSIBILITIES FOR DIFFERENT  AGENCIES  WITH
 THE GOAL OF REDUCING OR ELIMINATING, WHERE PRACTICABLE, CONTRADICTORY OR
 CONFLICTING  POLICIES  OR  PROGRAMS. SUCH PLAN SHOULD IDENTIFY NEEDS FOR
 ADDITIONAL STAFF POSITIONS AT STATE  AGENCIES  AND  RECOMMEND  NECESSARY
 STATE  OR  FEDERAL  LEGISLATION  OR REGULATION. SUCH PLAN SHALL PLACE AN
 EMPHASIS ON BOTH PREVENTION AND EARLY DETECTION AND  RAPID  RESPONSE  TO
 PREVENT FUTURE DAMAGE.
   (D)  PROVIDING  INPUT  ON  FUNDING  PRIORITIES  AND GRANT APPLICATIONS
 REGARDING MONIES MADE AVAILABLE FOR THE IMPLEMENTATION OF THIS TITLE AND
 GRANTS FOR PROJECTS RELATED TO THE CONTROL  AND  MANAGEMENT  OF  HARMFUL
 ALGAL  BLOOMS  AND  HYPOXIA,  EDUCATION  AND  OUTREACH  EFFORTS, AND FOR
 PROJECTS AIMED  AT  THE  EARLY  DETECTION  AND  PREVENTION  OF  INVASIVE
 SPECIES;
   (E)  DEVELOPING  RECOMMENDATIONS  ON  STATUTORY  ACTIONS TO MANAGE AND
 CONTROL HARMFUL ALGAL BLOOMS.
 § 17-2305. NEW YORK HARMFUL ALGAL BLOOM AND HYPOXIA ADVISORY COMMITTEE.
   1. THERE SHALL BE ESTABLISHED, WITHIN THE DEPARTMENT, A NEW YORK HARM-
 FUL ALGAL BLOOM AND  HYPOXIA  ADVISORY  COMMITTEE  WHICH  SHALL  PROVIDE
 INFORMATION, ADVICE AND GUIDANCE TO THE COMMISSION.
   2.  THE  COMMISSIONER AND THE DIRECTOR OF THE SOIL AND WATER CONSERVA-
 TION COMMITTEE SHALL APPOINT NOT MORE THAN TWENTY-FIVE AT-LARGE  MEMBERS
 OF  THE  COMMITTEE  WITH AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING:
 THE NEW YORK BIODIVERSITY RESEARCH INSTITUTE, NEW  YORK  STATE'S  HUDSON
 RIVER  NATIONAL  ESTUARINE RESEARCH RESERVE, THE LONG ISLAND SOUTH SHORE
 ESTUARY  RESERVE,  THE  GREAT  LAKES-ST.  LAWRENCE  RIVER  BASIN   WATER
 RESOURCES  COUNCIL, A STATEWIDE LAND CONSERVATION ORGANIZATION, A STATE-
 WIDE AGRICULTURAL ORGANIZATION, A NURSERY BUSINESS, A BOATING  ORGANIZA-
 TION,  THE DARRIN FRESH WATER INSTITUTE, THE SOIL AND WATER CONSERVATION
 DISTRICTS, THE NATURAL HERITAGE PROGRAM, A STATE FORESTRY SCHOOL, A LAKE
 ASSOCIATION, THE NEW YORK CITY DEPARTMENT OF  ENVIRONMENTAL  PROTECTION,
 AND A STATEWIDE LOCAL GOVERNMENT ORGANIZATION.
   3.  THE  MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPEN-
 SATION, EXCEPT MEMBERS SHALL  BE  ALLOWED  THEIR  NECESSARY  AND  ACTUAL
 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
 § 17-2307. GENERAL POWERS AND DUTIES OF THE DEPARTMENT.
   1.  THE  DEPARTMENT, AFTER RECEIPT AND ANALYSIS OF THE REPORT COMPILED
 PURSUANT TO SECTION SIX THOUSAND FOUR-A OF THE  EDUCATION  LAW,  AND  IN
 COOPERATION  WITH  THE  SOIL  AND  WATER  CONSERVATION  COMMITTEE AND IN
 CONSULTATION WITH THE COMMISSION, SHALL, AFTER A PUBLIC HEARING, PROMUL-
 GATE JOINT REGULATIONS TO DEVELOP: STANDARDS FOR NUTRIENTS AS  NECESSARY
 TO  PROTECT,  MAINTAIN  AND/OR  IMPROVE  THE ECOLOGICAL FUNCTIONS OF THE
 MARINE AND AQUATIC RESOURCES OF THE STATE; AND TO  PREPARE,  ADOPT,  AND
 IMPLEMENT  PLANS AS NECESSARY AND APPROPRIATE TO ACCOMPLISH THE PURPOSES
 OF MANAGING NUTRIENT LOADINGS AND PREVENTING, ABATING, AND/OR  ELIMINAT-
 ING THE DELETERIOUS EFFECTS OF NUTRIENTS, INCLUDING, BUT NOT LIMITED TO,
 EUTROPHICATION, HARMFUL ALGAL BLOOMS, HYPOXIA, ANOXIA, OXYGEN-STRESS-IN-
 DUCED POPULATION SHIFTS, AND/OR FISH KILLS.
   2.  FOR  THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS TITLE, THE
 DEPARTMENT IN COOPERATION WITH THE SOIL AND WATER  CONSERVATION  COMMIT-
 TEE, SHALL HAVE THE AUTHORITY, WITHIN FUNDS AVAILABLE, TO:
   (A) ESTABLISH, OPERATE AND MAINTAIN STATE WIDE DATABASES AND CLEARING-
 HOUSES THAT INCORPORATE EXISTING DATA FROM AGENCIES AND ORGANIZATIONS IN
 THE  STATE,  AS  WELL  AS FROM NEARBY STATES, PROVINCES, CANADA, AND THE
 FEDERAL GOVERNMENT.  SUCH DATABASES AND CLEARINGHOUSES MAY  PROVIDE  THE
 AGGREGATE DATA ON-LINE IN A GEOGRAPHIC INFORMATION SYSTEM;

 S. 7752                             5
 
   (B)  RESEARCH  THE ECOLOGY OF HARMFUL ALGAL BLOOMS TO PROVIDE INFORMA-
 TION ABOUT HARMFUL MARINE  AND  FRESHWATER  ALGAL  BLOOMS  AND  HYPOXIA,
 INCLUDING:
   (I)  THE  AGENCIES INVOLVED IN RESEARCH AND DEVELOPMENT ON UNDERSTAND-
 ING, DETECTION, MONITORING, PREDICTION, PREVENTION, CONTROL, MITIGATION,
 AND RESPONSE ACTIVITIES;
   (II) TOOLS AVAILABLE TO PREDICT AND MODEL EVENTS; AND
   (III) CURRENT OR DEVELOPING TECHNOLOGIES  FOR  DETECTION,  MONITORING,
 PREDICTION,  PREVENTION,  CONTROL,  MITIGATION,  AND RESPONSE, INCLUDING
 REMEDIATION;
   (C) COORDINATE STATE AGENCY AND PUBLIC AUTHORITY ACTIONS  TO  CONTROL,
 MITIGATE,  AND  RESPOND TO HARMFUL MARINE AND FRESHWATER ALGAL BLOOM AND
 HYPOXIA EVENTS;
   (D) PERFORM RESEARCH ON THE ECOLOGY OF HARMFUL MARINE  AND  FRESHWATER
 ALGAL BLOOMS; AND
   (E) IN COLLABORATION WITH THE COMMISSION, AID IN THE REVIEW AND REFORM
 OF  RELEVANT  REGULATORY  PROCESSES TO REMOVE UNNECESSARY IMPEDIMENTS TO
 THE RESTORATION OF PONDS AND LAKES AFFECTED BY HARMFUL ALGAL BLOOMS  AND
 HYPOXIA.
 § 17-2309. LOCAL AND REGIONAL ASSESSMENTS.
   WITHIN  THE LIMITS OF APPROPRIATIONS MADE AVAILABLE FOR SUCH PURPOSES,
 THE DEPARTMENT MAY FROM TIME TO TIME UNDERTAKE LOCAL AND REGIONAL SCIEN-
 TIFIC ASSESSMENTS OF HYPOXIA AND HARMFUL ALGAL BLOOMS. THE  COMMISSIONER
 SHALL  ENSURE,  TO  THE  EXTENT PRACTICABLE, THAT ASSESSMENTS UNDER THIS
 SECTION COVER GEOGRAPHICALLY AND  ECOLOGICALLY  DIVERSE  LOCATIONS  WITH
 SIGNIFICANT  ECOLOGICAL  AND  ECONOMIC  IMPACTS  FROM HYPOXIA OR HARMFUL
 ALGAL BLOOMS AND PROMULGATE RULES FOR REVIEWING REQUESTS FOR  LOCAL  AND
 REGIONAL ASSESSMENTS.
   §  7.  Section 225 of the public health law is amended by adding a new
 subdivision 13 to read as follows:
   13. THE SANITARY CODE, AFTER RECEIPT AND ANALYSIS BY  THE  COUNCIL  OF
 THE  REPORT  COMPLIED  PURSUANT  TO  SECTION  SIX THOUSAND FOUR-A OF THE
 EDUCATION LAW, SHALL DELINEATE SPECIFIC PROCEDURES FOR THE MANAGEMENT OF
 HARMFUL ALGAL BLOOMS IN PONDS, LAKES, RIVERS, ESTUARIES (INCLUDING THEIR
 TRIBUTARIES), WATER SYSTEMS USED BY PUBLIC  WATER  SUPPLIERS,  AND  SURF
 BEACHES  OWNED  OR  OPERATED  BY HOMEOWNER ASSOCIATIONS. SUCH PROCEDURES
 SHALL INCLUDE NOTIFICATION OF THE MUNICIPALITY WHEREIN THE  POND,  LAKE,
 RIVER, ESTUARY, WATER SYSTEM, OR SURF BEACH IS LOCATED.
   §  8.  The  education law is amended by adding a new section 6004-a to
 read as follows:
   § 6004-A. PEER REVIEW STUDY OF HARMFUL ALGAL BLOOMS. 1. THE  BOARD  OF
 TRUSTEES  OF THE COLLEGE SHALL ESTABLISH A PEER REVIEW PANEL COMPOSED OF
 NATIONALLY RECOGNIZED EXPERTS IN THE DETECTION, MONITORING,  PREDICTION,
 CONTROL,  MITIGATION  AND  MEANS  FOR  RESPONDING  TO HARMFUL MARINE AND
 FRESHWATER ALGAL BLOOMS AND HYPOXIA. SUCH PANEL SHALL EXAMINE,  EVALUATE
 AND MAKE RECOMMENDATIONS CONCERNING THE NATURE, SCOPE, CAUSES AND MAGNI-
 TUDE  OF HARMFUL ALGAL BLOOMS IN THE STATE; AND THE DETECTION, MEANS FOR
 MONITORING, CONTROL, MITIGATION, ELIMINATION  AND  RESPONSE  TO  HARMFUL
 ALGAL BLOOMS AND HYPOXIA EVENTS.
   2.  THE  MEMBERS  OF THE PANEL SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
   3.  SUCH  PANEL SHALL, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
 SECTION, SUBMIT A REPORT TO THE GOVERNOR, THE LEGISLATURE,  THE  DEPART-
 MENT  OF  ENVIRONMENTAL  CONSERVATION,  THE  SOIL AND WATER CONSERVATION
 COMMITTEE, THE NEW YORK HARMFUL ALGAL BLOOM AND HYPOXIA COMMISSION,  THE

 S. 7752                             6
 
 DEPARTMENT  OF HEALTH AND THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL,
 OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.
   § 9. Section 1285 of the public authorities law is amended by adding a
 new subdivision 9 to read as follows:
   9.  THE CORPORATION SHALL PROVIDE FUNDING TO THE STATE OFFICE OF EMER-
 GENCY MANAGEMENT FOR ALL COSTS OF PROVIDING POTABLE WATER DURING A WATER
 CONTAMINATION DISASTER RESULTING FROM HARMFUL ALGAL BLOOM OR HYPOXIA.
   § 10. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law; provided, however that section eight
 of this act shall take effect immediately and shall expire and be deemed
 repealed one year after this act shall have become a law; and  provided,
 further  that  the  amendments  to  subdivision 2 of section 83-i of the
 legislative law made by section one of this act  shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith.