S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3299
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Environmental Conservation
 
 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:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York open water data act".
   §  2. Definitions. For purposes of this act, the following terms shall
 have the following meanings:
   1. "Agencies" means the:
   (a) New York water resources institute at Cornell University;
   (b) New York state department of environmental conservation;
   (c) New York state department  of  health's  bureau  of  water  supply
 protection;
   (d) New York state department of agriculture and markets;
   (e) New York state canal corporation; and
   (f) New York city department of environmental protection.
   2.  "Data and information platform" means software, hardware and tools
 that collect, organize, integrate, distribute  and  archive  water  data
 that at a minimum:
   (a)  integrate  water  data  managed by state and local entities using
 consistent and standardized formats; and
   (b) integrate:
   (i) state and local  government  data  on  streamflow,  precipitation,
 reservoir and irrigation system operations, ground water use and levels,
 municipal and industrial water use and land uses, but not including data
 from residential wells;
   (ii) data on water rights, water diversions and water quality; and
   (iii) data on fish, aquatic and riparian systems and ecological data.
   3. "Water data" means measurements of basic properties relating to the
 planning  and  management  of  water  resources,  including  streamflow,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00615-01-3
              

 A. 3299                             2
 
 precipitation, ground water, water quality and water use in agriculture,
 industry and municipal uses and natural systems.
   § 3. Water data agencies; duties; standards and best practices; annual
 plan.  1.  By January 1, 2025, the agencies, as convened by the New York
 water resources institute at Cornell University, shall:
   (a) identify key water data, information and tools needed  to  support
 water management and planning;
   (b)  develop  common  water  data  standards  for  data collection and
 dissemination, including practices to standardize and clean up data  and
 make it available to the public in commonly used data formats;
   (c) develop an integrated water data and information platform, includ-
 ing a publicly accessible site where data will be made available;
   (d) identify available and unavailable water data; and
   (e)  develop  framework  to  include data derived from citizen science
 efforts.
   2. Water research undertaken with state funding shall comply with  the
 common  water  data  standards and best practices developed by the agen-
 cies.
   3. The agencies shall collaborate with other  regional,  national  and
 international  efforts,  including  but  not  limited to the great lakes
 commission and the international joint commission, to  share,  integrate
 and manage water data.
   4.  By  September  1,  2025, and thereafter annually by September 1 of
 each year, the agencies shall develop and submit a plan to the  governor
 and the appropriate legislative committee that details:
   (a) an assessment of water data and information needs to support water
 management and planning;
   (b)  goals,  targets and actions to carry out the purposes of this act
 in the upcoming fiscal year;
   (c) budgetary resources to carry out the purposes of this act; and
   (d) metrics for achieving the purposes of this act.
   § 4. Funding. Funding for  such  act  shall  consist  of  all  revenue
 received  pursuant  to  an  appropriation  thereto, and all other monies
 appropriated, credited or transferred from any other source pursuant  to
 law.  Nothing  in this section shall be deemed to prevent the state from
 receiving grants, gifts or bequests for the purpose of such act.  Grants
 shall only be awarded based upon the availability of funds.
   § 5. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3299--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York open water data act".
   § 2. Definitions. For purposes of this act, the following terms  shall
 have the following meanings:
   1. "Agencies" means the:
   (a) New York water resources institute at Cornell University;
   (b) New York state department of environmental conservation;
   (c)  New  York  state  department  of  health's bureau of water supply
 protection;
   (d) New York state department of agriculture and markets;
   (e) New York state canal corporation; and
   (f) New York city department of environmental protection.
   2. "Data and information platform" means software, hardware and  tools
 that  collect,  organize,  integrate,  distribute and archive water data
 that at a minimum:
   (a) integrate water data managed by state  and  local  entities  using
 consistent and standardized formats; and
   (b) integrate:
   (i)  state  and  local  government  data on streamflow, precipitation,
 reservoir and irrigation system operations, ground water use and levels,
 municipal and industrial water use and land uses, but not including data
 from residential wells;
   (ii) data on water rights, water diversions and water quality;
   (iii) data on fish, aquatic and riparian systems and ecological data;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00615-05-3
 A. 3299--A                          2
              

   (iv) water quality  data,  including  sampling  results  generated  by
 public  water supplies in accordance with title one of article eleven of
 the public health law;
   (v) data from private wells collected by local or state agencies;
   (vi) commercial uses of water licensed by state agencies;
   (vii)  water  affordability  data,  including but not limited to water
 rates, shut-offs conducted, and customers in arrears; and
   (viii) water infrastructure data.
   3. "Water data" means measurements of basic properties relating to the
 planning  and  management  of  water  resources,  including  streamflow,
 precipitation, ground water, water quality and water use in agriculture,
 industry and municipal uses and natural systems.
   § 3. Water data agencies; duties; standards and best practices; annual
 plan.  1.  By January 1, 2025, the agencies, as convened by the New York
 water resources institute at Cornell University, shall:
   (a) identify key water data, information and tools needed  to  support
 water management and planning;
   (b)  develop  common  water  data  standards  for  data collection and
 dissemination, including practices to standardize and clean up data  and
 make  it  available  to  the public in commonly used data formats, which
 shall, where appropriate, be arranged or identified by county and  muni-
 cipality  or  other  appropriate geographic area, and that shall exclude
 specific addresses, locations, and other personal information;
   (c) develop an integrated water data and information platform, includ-
 ing a publicly accessible site where data will be made available through
 the state's open data program website;
   (d) identify available and unavailable water data; and
   (e) develop framework to include data  derived  from  citizen  science
 efforts.
   2.  Water research undertaken with state funding shall comply with the
 common water data standards and best practices developed  by  the  agen-
 cies.
   3.    The agencies, as convened by the New York water resources insti-
 tute at Cornell University, shall update all data collected pursuant  to
 this act at least annually.
   4.  The  agencies  shall collaborate with other regional, national and
 international efforts, including but not  limited  to  the  great  lakes
 commission  and  the international joint commission, to share, integrate
 and manage water data.
   5. By September 1, 2025, and thereafter annually  by  September  1  of
 each  year, the agencies shall develop and submit a plan to the governor
 and the appropriate legislative committee that details:
   (a) an assessment of water data and information needs to support water
 management and planning;
   (b) goals, targets and actions to carry out the purposes of  this  act
 in the upcoming fiscal year;
   (c) budgetary resources to carry out the purposes of this act; and
   (d) metrics for achieving the purposes of this act.
   §  4.  Funding.  Funding  for  such  act  shall consist of all revenue
 received pursuant to an appropriation  thereto,  and  all  other  monies
 appropriated,  credited or transferred from any other source pursuant to
 law. Nothing in this section shall be deemed to prevent the  state  from
 receiving  grants, gifts or bequests for the purpose of such act. Grants
 shall only be awarded based upon the availability of funds.
   § 5. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3299--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Environmental  Conservation -- committee discharged, bill amended,
   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

 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York open water data act".
   § 2. Definitions. For purposes of this act, the following terms  shall
 have the following meanings:
   1. "Conveners" means the:
   (a) New York water resources institute at Cornell University; and
   (b) New York sea grant at Stony Brook University.
   2. "Agencies" means the:
   (a) New York state department of environmental conservation;
   (b)  New  York  state  department  of  health's bureau of water supply
 protection;
   (c) New York state department of agriculture and markets;
   (d) New York state canal corporation;
   (e) New York city department of environmental protection; and
   (f) public service commission.
   3. "Water data" means measurements of basic properties relating to the
 planning  and  management  of  water  resources,  including  streamflow,
 precipitation, ground water, water quality and water use in agriculture,
 industry and municipal uses and natural systems.
   §  3.  Water  data  conveners and agencies; duties; standards and best
 practices; annual plan. 1. By January 1, 2024, and  at  least  quarterly
 thereafter,  the  conveners  shall  organize and hold a meeting with the
 agencies to plan and determine a framework to meet the requirements laid
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00615-13-3
              

 A. 3299--B                          2
 
 out in this section. The  conveners  shall  provide  any  expertise  and
 support  necessary to assist the agencies in meeting the requirements of
 this section and frameworks established by the agencies.
   2. By January 1, 2026, the agencies, as led by the conveners, shall:
   (a)  identify  key water data, information and tools needed to support
 water management and planning, including but not limited to;
   (i) state and local  government  data  on  streamflow,  precipitation,
 reservoir and irrigation system operations, ground water use and levels,
 municipal and industrial water use and land uses, but not including data
 from residential wells;
   (ii) data on water rights, water diversions and water quality;
   (iii) data on fish, aquatic and riparian systems and ecological data;
   (iv)  water  quality  data,  including  sampling  results generated by
 public water supplies in accordance with title 1 of article  11  of  the
 public health law;
   (v) data from private wells collected by local or state agencies;
   (vi) commercial uses of water licensed by state agencies;
   (vii)  water  affordability  data,  including but not limited to water
 rates, shut-offs conducted, and aggregate data on arrears; and
   (viii) water infrastructure data.
   (b) develop common  water  data  standards  for  data  collection  and
 dissemination,  including practices to standardize and clean up data and
 make it available to the public in commonly  used  data  formats,  which
 shall,  where appropriate, be arranged or identified by county and muni-
 cipality or other appropriate geographic area, and  that  shall  exclude
 specific addresses, locations, and other personal information;
   (c)  make  such  data available to the public through the state's open
 data program OpenNY, including working to identify and develop any crit-
 ical data that can be made accessible via GIS mapping and ensuring  that
 all datasets have an API endpoint to allow researchers and developers to
 access  and  deploy such data in ways that complement public use of such
 data;
   (d) identify available and unavailable water data; and
   (e) develop framework to include data  derived  from  citizen  science
 efforts.
   3.  Water research undertaken with state funding shall comply with the
 common water data standards and best practices developed  by  the  agen-
 cies.
   4.    The  agencies,  as  led  by the conveners, shall update all data
 collected pursuant to this act at least annually.
   5. The agencies shall collaborate with other  regional,  national  and
 international  efforts,  including  but  not  limited to the great lakes
 commission and the international joint commission, to  share,  integrate
 and manage water data.
   6.  By  September  1,  2026, and thereafter annually by September 1 of
 each year, the agencies shall develop and submit a plan to the  governor
 and the appropriate legislative committee that details:
   (a) an assessment of water data and information needs to support water
 management and planning;
   (b)  goals,  targets and actions to carry out the purposes of this act
 in the upcoming fiscal year;
   (c) budgetary resources to carry out the purposes of this act; and
   (d) metrics for achieving the purposes of this act.
   § 4. Funding. Funding for  such  act  shall  consist  of  all  revenue
 received  pursuant  to  an  appropriation  thereto, and all other monies
 appropriated, credited or transferred from any other source pursuant  to
 A. 3299--B                          3
 
 law.  Nothing  in this section shall be deemed to prevent the state from
 receiving grants, gifts or bequests for the purpose of such act.  Grants
 shall only be awarded based upon the availability of funds.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3299--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Environmental  Conservation -- committee discharged, bill amended,
   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 --  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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York open water data act".
   § 2. Definitions. For purposes of this act, the following terms  shall
 have the following meanings:
   1. "Conveners" means the:
   (a) New York water resources institute at Cornell University; and
   (b) New York sea grant at Stony Brook University.
   2. "Agencies" means the:
   (a) New York state department of environmental conservation;
   (b)  New  York  state  department  of  health's bureau of water supply
 protection;
   (c) New York state department of agriculture and markets;
   (d) New York state canal corporation;
   (e) New York city department of environmental protection; and
   (f) public service commission.
   3. "Water data" means measurements of basic properties relating to the
 planning  and  management  of  water  resources,  including  streamflow,
 precipitation, ground water, water quality and water use in agriculture,
 industry and municipal uses and natural systems.
   §  3.  Water  data  conveners and agencies; duties; standards and best
 practices; annual plan. 1. By January 1st next succeeding the  effective
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00615-16-3
              

 A. 3299--C                          2
 
 date of this act, and at least quarterly thereafter, the conveners shall
 organize  and  hold  a meeting with the agencies to plan and determine a
 framework to meet the requirements laid out in this section. The conven-
 ers  shall  provide  any  expertise  and support necessary to assist the
 agencies in meeting the requirements  of  this  section  and  frameworks
 established by the agencies.
   2.  By January 1st two years after the effective date of this act, the
 agencies, as led by the conveners, shall:
   (a) identify key water data, information and tools needed  to  support
 water management and planning, including but not limited to;
   (i)  state  and  local  government  data on streamflow, precipitation,
 reservoir and irrigation system operations, ground water use and levels,
 municipal and industrial water use and land uses, but not including data
 from residential wells;
   (ii) data on water rights, water diversions and water quality;
   (iii) data on fish, aquatic and riparian systems and ecological data;
   (iv) water quality  data,  including  sampling  results  generated  by
 public  water  supplies  in accordance with title 1 of article 11 of the
 public health law;
   (v) data from private wells collected by local or state agencies;
   (vi) commercial uses of water licensed by state agencies;
   (vii) water affordability data, including but  not  limited  to  water
 rates, shut-offs conducted, and aggregate data on arrears; and
   (viii) water infrastructure data.
   (b)  develop  common  water  data  standards  for  data collection and
 dissemination, including practices to standardize and clean up data  and
 make  it  available  to  the public in commonly used data formats, which
 shall, where appropriate, be arranged or identified by county and  muni-
 cipality  or  other  appropriate geographic area, and that shall exclude
 specific addresses, locations, and other personal information;
   (c) make such data available to the public through  the  state's  open
 data program OpenNY, including working to identify and develop any crit-
 ical  data that can be made accessible via GIS mapping and ensuring that
 all datasets have an API endpoint to allow researchers and developers to
 access and deploy such data in ways that complement public use  of  such
 data;
   (d) identify available and unavailable water data; and
   (e)  develop  framework  to  include data derived from citizen science
 efforts.
   3. Water research undertaken with state funding shall comply with  the
 common  water  data  standards and best practices developed by the agen-
 cies.
   4.   The agencies, as led by the  conveners,  shall  update  all  data
 collected pursuant to this act at least annually.
   5.  The  agencies  shall collaborate with other regional, national and
 international efforts, including but not  limited  to  the  great  lakes
 commission  and  the international joint commission, to share, integrate
 and manage water data.
   6. By September 1st two years after the effective date  of  this  act,
 and  thereafter annually by September 1 of each year, the agencies shall
 develop and submit a plan to the governor and the  appropriate  legisla-
 tive committee that details:
   (a) an assessment of water data and information needs to support water
 management and planning;
   (b)  goals,  targets and actions to carry out the purposes of this act
 in the upcoming fiscal year;
 A. 3299--C                          3
 
   (c) budgetary resources to carry out the purposes of this act; and
   (d) metrics for achieving the purposes of this act.
   §  4.  Funding.  Funding  for  such  act  shall consist of all revenue
 received pursuant to an appropriation  thereto,  and  all  other  monies
 appropriated,  credited or transferred from any other source pursuant to
 law. Nothing in this section shall be deemed to prevent the  state  from
 receiving  grants, gifts or bequests for the purpose of such act. Grants
 shall only be awarded based upon the availability of funds.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3299--E
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York open water data act".
   § 2. Definitions. For purposes of this act, the following terms  shall
 have the following meanings:
   1. "Conveners" means the:
   (a) New York water resources institute at Cornell University; and
   (b) New York sea grant at Stony Brook University.
   2. "Agencies" means the:
   (a) New York state department of environmental conservation;
   (b)  New  York  state  department  of  health's bureau of water supply
 protection;
   (c) New York state department of agriculture and markets;
   (d) New York state canal corporation;
   (e) New York city department of environmental protection; and
   (f) public service commission.
   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
 
   (a) Measurements of basic properties  relating  to  the  planning  and
 management  of  water  resources,  including  streamflow, precipitation,
 ground water, water quality and water use in agriculture,  industry  and
 municipal uses and natural systems;
   (b)  All  such  data  related  to fresh or inland waters of the state,
 including but not limited to wetlands, lakes, streams,  creeks,  rivers,
 reservoirs, aquifers, and groundwater;
   (c)  All  data  related  to  state and municipal water infrastructure,
 including but not limited to canals, aqueducts, dams, and pipes;
   (d) Data that may include areas of mixing of fresh and marine  waters,
 including but not limited to tidal basins and estuaries; and
   (e)  At  the  discretion  of  the conveners, the term "water data" may
 include data related to coastal waters used for human activities includ-
 ing, but not limited to agriculture, recreation, and industry.
   § 3. Water data conveners and agencies;  duties;  standards  and  best
 practices; annual plan. 1. By January 1 in the year after this act shall
 have  become  a  law,  and  at least quarterly thereafter, the conveners
 shall organize and hold a meeting with the agencies to plan  and  deter-
 mine a framework to meet the requirements set forth in this section. The
 conveners  shall  provide  any expertise and support necessary to assist
 the agencies in meeting the requirements of this section and the  frame-
 work established by the agencies.
   2.  By January 1 two years after this act shall have become a law, the
 agencies and the conveners shall:
   (a) identify key water data, information and tools needed  to  support
 water management and planning, including but not limited to;
   (i)  state  and  local  government  data on streamflow, precipitation,
 reservoir and irrigation system operations, ground water use and levels,
 municipal and industrial water use and land uses, but not including data
 from residential wells;
   (ii) data on water rights, water diversions and water quality;
   (iii) data on fish, aquatic and riparian systems and ecological data;
   (iv) water quality  data,  including  sampling  results  generated  by
 public  water  supplies  in accordance with title 1 of article 11 of the
 public health law;
   (v) data from private wells collected by local or state agencies;
   (vi) commercial uses of water licensed by state agencies;
   (vii) water affordability data, including but  not  limited  to  water
 rates, shut-offs conducted, and aggregate data on arrears; and
   (viii) water infrastructure data.
   (b)  develop  common  water  data  standards  for  data collection and
 dissemination, including practices to standardize and clean up data  and
 make  it  available  to  the public in commonly used data formats, which
 shall, where appropriate, be arranged or identified by county and  muni-
 cipality  or  other  appropriate geographic area, and that shall exclude
 specific addresses, locations, and other personal information;
   (c) make such water data available to the public through  the  state's
 open  data program OpenNY, including working to identify and develop any
 critical data that can be made  accessible  via  geographic  information
 systems (GIS) mapping and ensuring that all datasets have an application
 programming interface (API) endpoint to allow researchers and developers
 to  access  and deploy such data in ways that further public use of such
 data;
   (d) identify available and unavailable water data; and
   (e) develop pathways  to  include  water  data  derived  from  citizen
 science efforts.
 A. 3299--E                          3
 
   3. Water data research undertaken with state funding shall comply with
 the  common  water  data  standards  and best practices developed by the
 agencies.
   4.    The  agencies  and  the  conveners  shall  update all water data
 collected pursuant to this act at least annually.
   5. The agencies shall collaborate with other  regional,  national  and
 international  efforts,  including  but  not  limited to the great lakes
 commission and the international joint commission, to  share,  integrate
 and manage water data.
   6.  By  September  1 two years after this act shall have become a law,
 and thereafter annually by September 1 of each year, the agencies  shall
 develop  and  submit  a  plan  to  the governor and the legislature that
 details:
   (a) an assessment of water data and information needs to support water
 management and planning;
   (b) goals, targets and actions to carry out the purposes of  this  act
 in the upcoming fiscal year;
   (c) budgetary resources to carry out the purposes of this act; and
   (d) metrics for achieving the purposes of this act.
   §  4.  Funding.  Funding  for  such  act  shall consist of all revenue
 received pursuant to an appropriation  thereto,  and  all  other  monies
 appropriated,  credited or transferred from any other source pursuant to
 law. Nothing in this section shall be deemed to prevent the  state  from
 receiving  grants, gifts or bequests for the purpose of such act. Grants
 shall only be awarded based upon the availability of funds.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.