NY State Senate Bill S239B

Current Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2023	print number 239c
May 22, 2023	amend and recommit to finance reported and committed to finance
May 16, 2023	print number 239b
May 16, 2023	amend and recommit to environmental conservation
Apr 13, 2023	print number 239a
Apr 13, 2023	amend and recommit to environmental conservation
Jan 04, 2023	referred to environmental conservation

Votes

view votes

May 22, 2023 - Environmental Conservation committee Vote

S239B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S239 - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation
Versions Introduced in 2021-2022 Legislative Session:: S9520

S239 - Summary

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.

S239 - Sponsor Memo

 
BILL NUMBER: S239

SPONSOR: MAY
 
TITLE OF BILL:

An act in relation to enacting the "New York open water data act"

 
PURPOSE:

To bring together the state's water-related agencies to collaborate on
creating, operating, and maintaining an integrated water data platform,
ensuring that water resources are managed more efficiently and giving
water users access to the data they need to make informed decisions

 
SUMMARY OF PROVISIONS:

Section 1: Sets short title as the New York Open Water Data Act.

Section 2: Definitions, including the agencies to be involved in open
water data work, including the Water Resources Institute at Cornell,
Department of Environmental Conservation, Department of Health's Bureau
of Water Supply Protection, Department of Agriculture and Markets, Canal

Corporation, and New York City Department of Environmental Protection.

Section 3: Sets forth duties and standards to implement the Open Water
Data Act. By Jan 1 2025, the agencies identify key data, develop common
standards for data collection and dissemination, create an integrated
data platform accessible to the public, and develop a framework to
include data from citizen scientists. All water research funded by the
state will comply with the data standards set forth.  Requires the agen-
cies to collaborate wherever possible with other regional, national, and
international efforts. By Sep 1 2025, and each year thereafter, the
agencies will submit a plan to the Governor and legislature on implemen-
tation and future needs to keep the state's water data current.

Section 4: Funding for the Open Water Data Act will be subject to appro-
priations.

Section 5: Effective date.

 
JUSTIFICATION:

New York State is blessed with abundant fresh water. From the Great
Lakes and Fingers Lakes to the St. Lawrence to the Long Island aquifers,
every corner of the state has its own unique watersheds. As global warm-
ing dries up lakes and rivers elsewhere, New York will increasingly
become a magnet for those seeking a livable climate. As a state, we must
make every effort to steward our fresh water long into the future. A
critical step toward creating the best long-term policies is ensuring
that we have access to the best data available.

In Western states like California, Arizona, and New Mexico, significant
efforts are underway to modernize and standardize water data in the face
of drought. Like many sources of public data, water data is managed at a
variety of levels of government by many different agencies and entities.
Data is not always shared widely or maintained with an eye toward inter-
operability. Good data is always a key element for good policy-making.
By following in the steps of these Western states, New York can address
its own water governance issues by building better data practices and by
making public water data more widely available. By asking water-related
agencies to come together to create a common set of water data standards
for the state and a public-facing interface where such data can be
shared, viewed, and used by interested parties, we will facilitate
better water governance in the state. Protecting New York's public water
long into the future must be a key goal of the state, and an effort to
modernize our water data is a key step toward doing so.

 
LEGISLATIVE HISTORY:

2021-2022: S.9520 (May)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

S239 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    239
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00615-01-3

 S. 239                              2

   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;
   (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.

Co-Sponsors

S239A - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation
Versions Introduced in 2021-2022 Legislative Session:: S9520

S239A - Summary

S239A - Sponsor Memo

 
BILL NUMBER: S239A

SPONSOR: MAY
 
TITLE OF BILL:

An act in relation to enacting the "New York open water data act"

 
PURPOSE:

To bring together the state's water-related agencies to collaborate on
creating, operating, and maintaining an integrated water data platform,
ensuring that water resources are managed more efficiently and giving
water users access to the data they need to make informed decisions

 
SUMMARY OF PROVISIONS:

Section 1: Sets short title as the New York Open Water Data Act.

Section 2: Definitions, including the agencies to be involved in open
water data work, including the Water Resources Institute at Cornell,
Department of Environmental Conservation, Department of Health's Bureau
of Water Supply Protection, Department of Agriculture and Markets, Canal

Corporation, and New York City Department of Environmental Protection.

Section 3: Sets forth duties and standards to implement the Open Water
Data Act. By Jan 1 2025, the agencies identify key data, develop common
standards for data collection and dissemination, create an integrated
data platform accessible to the public, and develop a framework to
include data from citizen scientists. All water research funded by the
state will comply with the data standards set forth.  Requires the agen-
cies to collaborate wherever possible with other regional, national, and
international efforts. By Sep 1 2025, and each year thereafter, the
agencies will submit a plan to the Governor and legislature on implemen-
tation and future needs to keep the state's water data current.

Section 4: Funding for the Open Water Data Act will be subject to appro-
priations.

Section 5: Effective date.  The A-print specifies the portal will be
included in the state's Open Data Program website, expands the types of
data to be reported, requires the removal of any personally identifiable
data, and requires the groups to ensure data is updated at least annual-
ly.

 
JUSTIFICATION:

New York State is blessed with abundant fresh water. From the Great
Lakes and Fingers Lakes to the St. Lawrence to the Long Island aquifers,
every corner of the state has its own unique watersheds. As global warm-
ing dries up lakes and rivers elsewhere, New York will increasingly
become a magnet for those seeking a livable climate. As a state, we must
make every effort to steward our fresh water long into the future. A
critical step toward creating the best long-term policies is ensuring
that we have access to the best data available.

In Western states like California, Arizona, and New Mexico, significant
efforts are underway to modernize and standardize water data in the face
of drought. Like many sources of public data, water data is managed at a
variety of levels of government by many different agencies and entities.
Data is not always shared widely or maintained with an eye toward inter-
operability. Good data is always a key element for good policy-making.
By following in the steps of these Western states, New York can address
its own water governance issues by building better data practices and by
making public water data more widely available. By asking water-related
agencies to come together to create a common set of water data standards
for the state and a public-facing interface where such data can be
shared, viewed, and used by interested parties, we will facilitate
better water governance in the state. Protecting New York's public water
long into the future must be a key goal of the state, and an effort to
modernize our water data is a key step toward doing so.

 
LEGISLATIVE HISTORY:

2021-2022: S.9520 (MAY) - REFERRED TO FINANCE

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

S239A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  239--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. MAY, COMRIE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00615-04-3
 S. 239--A                           2
 
   (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 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.

Co-Sponsors

S239B - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation
Versions Introduced in 2021-2022 Legislative Session:: S9520

S239B - Summary

S239B - Sponsor Memo

 
BILL NUMBER: S239B

SPONSOR: MAY
 
TITLE OF BILL:

An act in relation to enacting the "New York open water data act"

 
PURPOSE:

To bring together the state's water-related agencies to collaborate on
creating, operating, and maintaining an integrated water data platform,
ensuring that water resources are managed more efficiently and giving
water users access to the data they need to make informed decisions

 
SUMMARY OF PROVISIONS:

Section 1: Sets short title as the New York Open Water Data Act.

Section 2: Definitions, including the agencies to be involved in open
water data work, including the Water Resources Institute at Cornell, Sea
Grant at Stony Brook University, Department of Environmental Conserva-
tion, Department of Health's Bureau of Water Supply Protection, Depart-

ment of Agriculture and Markets, Canal Corporation, Public Service
Commission, and New York City Department of Environmental Protection.

Section 3: Sets forth duties and standards to implement the Open Water
Data Act. By Jan 1 2025, the agencies identify key data, develop common
standards for data collection and dissemination, create an integrated
data platform accessible to the public, and develop a framework to
include data from citizen scientists. All water research funded by the
state will comply with the data standards set forth.  Requires the agen-
cies to collaborate wherever possible with other regional, national, and
international efforts. By Sep 1 2025, and each year thereafter, the
agencies will submit a plan to the Governor and legislature on implemen-
tation and future needs to keep the state's water data current.

Section 4: Funding for the Open Water Data Act will be subject to appro-
priations.

Section 5: Effective date.  The A-print specifies the portal will be
included in the state's Open Data Program website, expands the types of
data to be reported, requires the removal of any personally identifiable
data, and requires the groups to ensure data is updated at least annual-
ly.  The B-print adds New York Sea Grant to the conveners and makes
technical changes.

 
JUSTIFICATION:

New York State is blessed with abundant fresh water. From the Great
Lakes and Fingers Lakes to the St. Lawrence to the Long Island aquifers,
every corner of the state has its own unique watersheds. As global warm-
ing dries up lakes and rivers elsewhere, New York will increasingly
become a magnet for those seeking a livable climate. As a state, we must
make every effort to steward our fresh water long into the future. A
critical step toward creating the best long-term policies is ensuring
that we have access to the best data available.

In Western states like California, Arizona, and New Mexico, significant
efforts are underway to modernize and standardize water data in the face
of drought. Like many sources of public data, water data is managed at a
variety of levels of government by many different agencies and entities.
Data is not always shared widely or maintained with an eye toward inter-
operability. Good data is always a key element for good policy-making.
By following in the steps of these Western states, New York can address
its own water governance issues by building better data practices and by
making public water data more widely available. By asking water-related
agencies to come together to create a common set of water data standards
for the state and a public-facing interface where such data can be
shared, viewed, and used by interested parties, we will facilitate
better water governance in the state. Protecting New York's public water
long into the future must be a key goal of the state, and an effort to
modernize our water data is a key step toward doing so.

 
LEGISLATIVE HISTORY:

2021-2022: S.9520 (May)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

S239B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  239--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. MAY, COMRIE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- 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. "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.  "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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00615-08-3
 S. 239--B                           2
 
   (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 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 aggregate data on arrears; and
   (viii) water infrastructure data.
   4. "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
 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;
   (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;
   (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
 S. 239--B                           3
 
   (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.

Co-Sponsors

S239C (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation
Versions Introduced in 2021-2022 Legislative Session:: S9520

S239C (ACTIVE) - Summary

S239C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S239C

SPONSOR: MAY
 
TITLE OF BILL:

An act in relation to enacting the "New York open water data act"

 
PURPOSE:

To bring together the state's water-related agencies to collaborate on
making critical water data available to the public, ensuring that water
resources are managed more efficiently and giving water users access to
the data they need to make informed decisions

 
SUMMARY OF PROVISIONS:

Section 1: Sets short title as the New York Open Water Data Act.

Section 2: Definitions, including the agencies to be involved in open
water data work, including the Water Resources Institute at Cornell, Sea
Grant at Stony Brook University, Department of Environmental Conserva-
tion, Department of Health's Bureau of Water Supply Protection, Depart-

ment of Agriculture and Markets, Canal Corporation, Public Service
Commission, and New York City Department of Environmental Protection.

Section 3: Sets forth duties and standards to implement the Open Water
Data Act. By Jan 1 2026, the agencies identify key data, develop common
standards for data collection and dissemination, make such data accessi-
ble to the public, and develop a framework to include data from citizen
scientists. All water research funded by the state will comply with the
data standards set forth. Requires the agencies to collaborate wherever
possible with other regional, national, and international efforts. By
Sep 1 2026, and each year thereafter, the agencies will submit a plan to
the Governor and legislature on implementation and future needs to keep
the state's water data current.

Section 4: Funding for the Open Water Data Act will be subject to appro-
priations.

Section 5: Effective date.

The A-print specifies the portal will be included in the state's Open
Data Program website, expands the types of data to be reported, requires
the removal of any personally identifiable data, and requires the groups
to ensure data is updated at least annually.

The B-print adds New York Sea Grant to the conveners and makes technical
changes.

The C-print makes technical changes.

 
JUSTIFICATION:

New York State is blessed with abundant fresh water. From the Great
Lakes and Fingers Lakes to the St. Lawrence to the Long Island aquifers,
every corner of the state has its own unique watersheds. As global warm-
ing dries up lakes and rivers elsewhere, New York will increasingly
become a magnet for those seeking a livable climate. As a state, we must
make every effort to steward our fresh water long into the future. A
critical step toward creating the best long-term policies is ensuring
that we have access to the best data available.

In Western states like California, Arizona, and New Mexico, significant
efforts are underway to modernize and standardize water data in the face
of drought. Like many sources of public data, water data is managed at a
variety of levels of government by many different agencies and entities.
Data is not always shared widely or maintained with an eye toward inter-
operability. Good data is always a key element for good policy-making.
By following in the steps of these Western states, New York can address
its own water governance issues by building better data practices and by
making public water data more widely available. By asking water-related
agencies to come together to create a common set of water data standards
for the state and a public-facing interface where such data can be
shared, viewed, and used by interested parties, we will facilitate
better water governance in the state. Protecting New York's public water
long into the future must be a key goal of the state, and an effort to
modernize our water data is a key step toward doing so.

 
LEGISLATIVE HISTORY:

2021-2022: S.9520 (May)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

S239C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  239--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. MAY, COMRIE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  reported favorably from said committee and committed to
   the Committee  on  Finance  --  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. "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00615-12-3
 S. 239--C                           2
 
   § 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
 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
 S. 239--C                           3
 
   (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.

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The New York State Senate

senate Bill S239B

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senate Bill S239B

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Finance Committee

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