NY State Senate Bill 2023-S7727

Senate Bill S7727

2023-2024 Legislative Session

Authorizes the legislative commission on the development of rural resources to study the effectiveness of pond and lake management programs

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Oct 27, 2023	referred to rules

co-Sponsors

2023-S7727 (ACTIVE) - Details

See Assembly Version of this Bill:: A6266
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Amd §83-i, Leg L; amd §§20, 21 & 912, Exec L; amd §9, Cons Dists L; add Art 17 Title 23 §§17-2301 - 17-2309, En Con L; amd §225, Pub Health L; add §6004-a, Ed L; amd §1285, Pub Auth L

2023-S7727 (ACTIVE) - Summary

Authorizes the legislative commission on the development of rural resources to study the effectiveness of pond and lake management programs; provides for the comprehensive control and mitigation of harmful algal blooms in both marine and fresh water; and provides for emergency response to water contaminations by algal bloom or hypoxia.

2023-S7727 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7727

SPONSOR: STEC
 
TITLE OF BILL:

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 envi-
ronmental 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

 
PURPOSE:

Provides for the control and mitigation of harmful algal blooms

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 2 of section 83-i of the
legislative law to include pond and lake management within the purview

of the Legislative Commission on the

Development of Rural Resources. Section two-a of the bill includes harm-
ful algal blooms within the definition of water contamination.

Section two-b of the bill requires the establishment of a multi-agency
emergency response team which can be deployed in the event of a
suspected contamination of a potable water source by harmful algal bloom
or hypoxia.

Section three of the bill amends section 912 of the executive law to
include the detection and monitoring of harmful algal blooms within the
state's coastal and inland waterway policies.

Section four of the bill amends subdivision 16 of section 9 of the soil
and water conservation law to allow districts, within the limits of
appropriations made available for such purposes, to undertake a program
for the monitoring and response to harmful algal blooms.

Section five of the bill amends article 17 of the environmental conser-
vation law by adding a new title 17 to create a harmful algal bloom
program, which includes a harmful algal bloom and hypoxia commission
made up of various state agency heads, as well as a harmful algal bloom
and hypoxia advisory committee made up of various subject matter
experts, who will be charged with the development of a plan for the
monitoring and response to harmful algal blooms, as well as local and
regional assessments.

Section six of the bill amends section 225 of the public health law to
include the management of harmful algal blooms at ponds, lakes, rivers,
estuaries, water systems used by public water suppliers, and surf beach-
es in the sanitary code. Section seven of the bill requires Cornell to
complete a peer-reviewed study of harmful algal blooms and provide such
study to the governor, the legislature, state agencies and the harmful
algal bloom and hypoxia commission.


Section eight of the bill allows the Environmental Facilities Corpo-
ration to provide funding for emergency drinking water supplies when
contamination has resulted from harmful algal blooms or hypoxia.

Section nine sets the effective date.

 
JUSTIFICATION:

Previous administrations announced major investments to combat algal
blooms that threaten recreational use of lakes as well as drinking
water.

Yet, the State still lacks a specific program and inter-agency approach
to this emerging threat to our water supply.

Governor Cuomo noted that "in recent years, the extent, duration, and
impacts of HABs have increased. HABs occurrence has been linked to phos-
phorus and other nutrient inputs and is exacerbated by heavy rain events
and warming waters related to climate change. In 2015, the Department of
Health documented an estimated 35 HAB-associated illness cases in 16 New
York counties, all associated with exposure during recreational activ-
ities like swimming and boating."

The Governor also reported that "in 2016, drinking water for more than
40,000 people in Cayuga County was impacted when HABs-related toxins
were detected in finished drinking water for the first time.

In 2017, more than 100 beaches were closed for at least part of the
summer due to HABs, and Skaneateles Lake, the source of unfiltered
drinking water for several communities including the city of Syracuse,
was threatened by algal blooms for the first time. While the finished
drinking water was not impacted, this event highlights the need to
better understand the causes and control of these HABs."

Building on the successful model of the State's invasive species
program, this bill will create a mechanism whereby the state can study,
respond to, and mitigate harmful algal blooms.

 
LEGISLATIVE HISTORY:

2017-2018: A10994/S7752

 
FISCAL IMPLICATIONS:

The initial programmatic costs will be similar to setup of the State's
invasive species program, and other funding will be available subject to
appropriation when and if such appropriations are made therefor.

 
EFFECTIVE DATE:
This act shall take 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.

2023-S7727 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7727
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 chapter 23 of the laws of 2020,  is  amended  to  read  as
 follows:
   a. "disaster" means occurrence or imminent, impending or urgent threat
 of  wide  spread  or  severe damage, injury, or loss of life or property
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09808-01-3

 S. 7727                             2
 
 resulting from any natural or man-made causes, including, but not limit-
 ed to, fire, flood, earthquake, hurricane, tornado,  high  water,  land-
 slide,  mudslide, wind, storm, wave action, volcanic activity, epidemic,
 disease  outbreak,  air  contamination,  terrorism, cyber event, blight,
 drought, infestation, explosion, radiological accident, nuclear,  chemi-
 cal,   biological,   or  bacteriological  release,  water  contamination
 (INCLUDING BY HARMFUL ALGAL BLOOM OR HYPOXIA), 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:
 S. 7727                             3

   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.
   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;
 S. 7727                             4
 
   (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,
 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; AND
   (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:
 S. 7727                             5
 
   (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;
   (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  COMPILED  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.
 S. 7727                             6
 
   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
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7727

Share this bill

Sponsored By

Daniel G. Stec