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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3299E
SPONSOR: Kelles 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:
Sec. 1- Sets short title as the New York Open Water Data Act.
Sec. 2 - Definitions, including the agencies to be involved in open
water data work, including the Water Resources Institute at Cornell,
NYSDEC, NYSDOHs Bureau of Water Supply Protection, NYS Ag & Markets, the
Canal Corporation, and New York City DEC.
Sec. 3 - Directs the agencies to identify key data, develop common stan-
dards for data collection and dissemination, create an integrated data
platform accessible to the public, build a way to include data from
citizen scientists, collaborate with other regional, national, and
international efforts.
Sec.4 - Funding for the Open Water Data Act will be subject to appropri-
ations.
Sec. 5 - Effective date.
*E-print adds clarifying what water data includes
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. 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, this
bill will facilitate better water governance in the state.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
180th day
STATE OF NEW YORK
________________________________________________________________________
3299--E
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York open water data act".
3 § 2. Definitions. For purposes of this act, the following terms shall
4 have the following meanings:
5 1. "Conveners" means the:
6 (a) New York water resources institute at Cornell University; and
7 (b) New York sea grant at Stony Brook University.
8 2. "Agencies" means the:
9 (a) New York state department of environmental conservation;
10 (b) New York state department of health's bureau of water supply
11 protection;
12 (c) New York state department of agriculture and markets;
13 (d) New York state canal corporation;
14 (e) New York city department of environmental protection; and
15 (f) public service commission.
16 3. "Water data" means:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00615-20-4
A. 3299--E 2
1 (a) Measurements of basic properties relating to the planning and
2 management of water resources, including streamflow, precipitation,
3 ground water, water quality and water use in agriculture, industry and
4 municipal uses and natural systems;
5 (b) All such data related to fresh or inland waters of the state,
6 including but not limited to wetlands, lakes, streams, creeks, rivers,
7 reservoirs, aquifers, and groundwater;
8 (c) All data related to state and municipal water infrastructure,
9 including but not limited to canals, aqueducts, dams, and pipes;
10 (d) Data that may include areas of mixing of fresh and marine waters,
11 including but not limited to tidal basins and estuaries; and
12 (e) At the discretion of the conveners, the term "water data" may
13 include data related to coastal waters used for human activities includ-
14 ing, but not limited to agriculture, recreation, and industry.
15 § 3. Water data conveners and agencies; duties; standards and best
16 practices; annual plan. 1. By January 1 in the year after this act shall
17 have become a law, and at least quarterly thereafter, the conveners
18 shall organize and hold a meeting with the agencies to plan and deter-
19 mine a framework to meet the requirements set forth in this section. The
20 conveners shall provide any expertise and support necessary to assist
21 the agencies in meeting the requirements of this section and the frame-
22 work established by the agencies.
23 2. By January 1 two years after this act shall have become a law, the
24 agencies and the conveners shall:
25 (a) identify key water data, information and tools needed to support
26 water management and planning, including but not limited to;
27 (i) state and local government data on streamflow, precipitation,
28 reservoir and irrigation system operations, ground water use and levels,
29 municipal and industrial water use and land uses, but not including data
30 from residential wells;
31 (ii) data on water rights, water diversions and water quality;
32 (iii) data on fish, aquatic and riparian systems and ecological data;
33 (iv) water quality data, including sampling results generated by
34 public water supplies in accordance with title 1 of article 11 of the
35 public health law;
36 (v) data from private wells collected by local or state agencies;
37 (vi) commercial uses of water licensed by state agencies;
38 (vii) water affordability data, including but not limited to water
39 rates, shut-offs conducted, and aggregate data on arrears; and
40 (viii) water infrastructure data.
41 (b) develop common water data standards for data collection and
42 dissemination, including practices to standardize and clean up data and
43 make it available to the public in commonly used data formats, which
44 shall, where appropriate, be arranged or identified by county and muni-
45 cipality or other appropriate geographic area, and that shall exclude
46 specific addresses, locations, and other personal information;
47 (c) make such water data available to the public through the state's
48 open data program OpenNY, including working to identify and develop any
49 critical data that can be made accessible via geographic information
50 systems (GIS) mapping and ensuring that all datasets have an application
51 programming interface (API) endpoint to allow researchers and developers
52 to access and deploy such data in ways that further public use of such
53 data;
54 (d) identify available and unavailable water data; and
55 (e) develop pathways to include water data derived from citizen
56 science efforts.
A. 3299--E 3
1 3. Water data research undertaken with state funding shall comply with
2 the common water data standards and best practices developed by the
3 agencies.
4 4. The agencies and the conveners shall update all water data
5 collected pursuant to this act at least annually.
6 5. The agencies shall collaborate with other regional, national and
7 international efforts, including but not limited to the great lakes
8 commission and the international joint commission, to share, integrate
9 and manage water data.
10 6. By September 1 two years after this act shall have become a law,
11 and thereafter annually by September 1 of each year, the agencies shall
12 develop and submit a plan to the governor and the legislature that
13 details:
14 (a) an assessment of water data and information needs to support water
15 management and planning;
16 (b) goals, targets and actions to carry out the purposes of this act
17 in the upcoming fiscal year;
18 (c) budgetary resources to carry out the purposes of this act; and
19 (d) metrics for achieving the purposes of this act.
20 § 4. Funding. Funding for such act shall consist of all revenue
21 received pursuant to an appropriation thereto, and all other monies
22 appropriated, credited or transferred from any other source pursuant to
23 law. Nothing in this section shall be deemed to prevent the state from
24 receiving grants, gifts or bequests for the purpose of such act. Grants
25 shall only be awarded based upon the availability of funds.
26 § 5. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.
