Bill Text: NY S08356 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "harmful algal bloom monitoring and prevention act"; establishes the harmful algal bloom monitoring and prevention fund.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed) 2024-05-08 - referred to environmental conservation [S08356 Detail]
Download: New_York-2023-S08356-Introduced.html
Bill Title: Enacts the "harmful algal bloom monitoring and prevention act"; establishes the harmful algal bloom monitoring and prevention fund.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed) 2024-05-08 - referred to environmental conservation [S08356 Detail]
Download: New_York-2023-S08356-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8356 IN SENATE January 22, 2024 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the state finance law, in relation to enacting the "harmful algal bloom monitoring and prevention 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 "harmful algal bloom monitoring and prevention act". 3 § 2. Legislative findings and declarations. The legislature finds that 4 the state of New York has a responsibility to maintain the health and 5 safety of its abundant clean water resources, upon which the residents 6 of New York state, as well as its many visitors, rely on for drinking, 7 agriculture, tourism, recreation, and their livelihoods. Because the 8 waters of the state are under threat by harmful algal blooms (HABS), 9 which are known to be toxic and even fatal to humans, pets, and wild- 10 life, the state has a responsibility to provide coordinated, statewide 11 monitoring, evaluation, prevention and mitigation, going beyond water 12 body-specific data collection and isolated mitigation efforts. While the 13 causes of HABS are complex and varied, with a coordinated and standard- 14 ized approach to monitoring and evaluation, patterns can more readily be 15 identified to isolate the combination of relevant causes specific to 16 different bodies of water across the state and determine the most effec- 17 tive targeted interventions. To address this threat, the state must 18 develop and maintain a comprehensive state clearinghouse to bring 19 together existing and new available statewide cross-sectional and longi- 20 tudinal data and information on HABS, potential and known causes, best 21 practice interventions, expertise, and funding resources. This data and 22 subsequent report will enable the state to effectively and efficiently 23 administer a central grant program supporting data-driven best practices 24 in prevention and mitigation of harmful algal blooms. 25 § 3. The environmental conservation law is amended by adding a new 26 section 15-0519 to read as follows: 27 § 15-0519. Harmful algal bloom monitoring and prevention program. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14115-02-4S. 8356 2 1 1. Definitions. For the purposes of this section, the following terms 2 shall have the following meanings: 3 a. "Harmful algal blooms" shall mean growths of blooms of algal 4 species present in fresh or salt water that can produce toxins that are 5 harmful to public health, the economy, or recreational enjoyment, or 6 that can impair water quality and the natural ecology therein. 7 b. "Municipality" shall mean a county, city, town, or village. 8 c. "Waters of the state" means all waterways, or bodies of water 9 located within New York state or that part of any body of water which is 10 adjacent to New York state over which the state has territorial juris- 11 dictions. 12 2. Comprehensive statewide data collection consolidation and analysis 13 report. a. The commissioner shall promulgate rules and regulations to 14 develop a program to further the comprehensive and consistent 15 collection, consolidation, analysis and meta-analysis of statewide data 16 relating to the monitoring, evaluation, prevention, and mitigation of 17 harmful algal bloom outbreaks. The commissioner shall provide guidelines 18 for the submission of existing and historical harmful algal bloom moni- 19 toring, evaluation, mitigation, and prevention data and strategies from 20 relevant institutions, organizations, and individuals with experience in 21 peer-reviewed research, grantmaking, or other like activities in the 22 area of water quality relating to the monitoring, evaluation, 23 prevention, and mitigation of harmful algal bloom outbreaks, including 24 but not limited to research programs, clinics, labs, and project manage- 25 ment. 26 b. The data collected, consolidated, and analyzed shall consist of 27 elements including but not limited to longitudinal data on the incidence 28 of harmful algal blooms, contextual factors thought to be associated 29 with the incidence of harmful algal blooms such as water temperature, 30 turbidity, flow rate, salinity, nutrient levels for phosphorus and 31 nitrogen, acidity (pH), dissolved oxygen levels, and results of harmful 32 algal bloom interventions in New York state. 33 c. The data collected, consolidated, and analyzed shall meet a stand- 34 ard that is consistent with the practices and expertise of institutions, 35 organizations, or individuals with experience in peer-reviewed research, 36 grantmaking, or other like activities in the area of water quality 37 relating to the monitoring, evaluation, prevention, and mitigation of 38 harmful algal bloom outbreaks, including but not limited to research 39 programs, clinics, labs, and project management. 40 d. The department shall annually publish and update a list of vetted 41 best practice strategies for harmful algal bloom monitoring, evaluation, 42 prevention, and mitigation, which shall be differentiated by region or 43 water body with unique confirmed causal pathways for the related harmful 44 algal bloom outbreak trends. Such strategies shall be supported by find- 45 ings of the harmful algal bloom database created pursuant to subdivision 46 three of this section, as well as external evaluation, including but not 47 limited to strategies approved by the federal environmental protection 48 agency, certification that such strategies meet or exceed the American 49 National Standards for health effects of drinking water treatment chemi- 50 cals (NSF/ANSI/CAN-60), or testing for efficacy by center of excellence 51 in healthy water solutions. The department shall publish such list and 52 findings supporting the strategies on such list on the department's 53 website. 54 e. No later than five years after the effective date of this section, 55 the commissioner, in consultation with the commissioner of agriculture 56 and markets, shall prepare a report providing comprehensive analysis andS. 8356 3 1 meta-analysis of the data collected pursuant to this section, including 2 findings and recommendations for establishing, maintaining, and improv- 3 ing upon a coordinated system of monitoring, evaluation, prevention, and 4 mitigation of harmful algal bloom outbreaks across New York state. The 5 department shall: 6 i. update the report at least once every five years after the initial 7 completion of the report; 8 ii. make the report publicly available on the department's website; 9 iii. hold at least six regional public comment hearings on the draft 10 report and subsequent updates to the report, including three meetings in 11 the upstate region and three meetings in the downstate region, and shall 12 allow at least one hundred twenty days for the submission of public 13 comment; 14 iv. provide meaningful opportunities for public comment from all 15 segments of the populations that live near, or are reliant upon for 16 drinking, recreation, or economic activity, the waters of the state 17 included in the report, including but not limited to institutions or 18 organizations with relevant expertise, citizen scientists, and labs 19 testing water quality in relation to harmful algal blooms; 20 v. identify the magnitude of harmful algal blooms across the state and 21 make recommendations on regulatory measures and other state or local 22 actions to monitor, evaluate, prevent, or mitigate harmful algal blooms, 23 including existing opportunities for coordination of federal, state, 24 municipal, and non-governmental organizations; 25 vi. identify best practices, technology, and available federal, state, 26 municipal, or private funding for and existing efforts in monitoring, 27 evaluating, preventing, and mitigating harmful algal blooms; and 28 vii. identify the current need in specific bodies of water for the 29 establishment of programs or organizations to further the monitoring, 30 evaluation, prevention, and mitigation of harmful algal blooms, and the 31 costs therefor. 32 3. Harmful algal bloom database. a. The commissioner shall establish 33 and maintain a website providing public access to a harmful algal bloom 34 database which shall contain all relevant data, research, and reporting 35 required pursuant to subdivision two of this section. 36 b. Such database, and analysis of the comprehensive statewide data 37 therein, shall support the coordination of efforts across the state to 38 monitor, evaluate, prevent, and mitigate harmful algal blooms, and shall 39 include, but not be limited to: 40 i. the geolocation of harmful algal bloom outbreaks, and efforts to 41 monitor, evaluate, prevent, and mitigate such outbreaks; 42 ii. existing research, analysis, or reports relating to outbreaks of 43 harmful algal blooms in the waters of the state and the causes of such 44 outbreaks; 45 iii. known or developing strategies and best practices of state, 46 municipal, and non-governmental organizations that monitor, evaluate, 47 prevent, or mitigate harmful algal bloom outbreaks, the respective 48 waters of the state in which such strategies and best practices have 49 been conducted, and the geolocations of such waters; 50 iv. available sources of financing for algal bloom monitoring, evalu- 51 ation, prevention, and mitigation, including federal, state, municipal, 52 and/or private funding, grants, or other monies; and 53 v. information on institutions with expertise in peer-reviewed grant- 54 making and research in the area of water quality and/or harmful algal 55 blooms, including but not limited to the New York sea grant at Stony 56 Brook University, the New York water resource institute at CornellS. 8356 4 1 University, the center of excellence in healthy water solutions, the 2 bureau of water supply protection, the New York city department of envi- 3 ronmental protection, the department of agriculture and markets, commu- 4 nity-based nonprofit organizations with missions that specifically 5 involve monitoring, evaluating, mitigating, or preventing harmful algal 6 blooms, and any other institution or organization providing data 7 compiled pursuant to this section, and the contact information, relevant 8 research programs, clinics, labs, staff, and published research of such 9 institutions. 10 4. Rules and regulations. The commissioner shall promulgate rules and 11 regulations for the development of a program to support and coordinate 12 efforts by federal, state, municipal, and non-governmental organizations 13 to: 14 a. consistently monitor and evaluate waters of the state that do not 15 contain harmful algal blooms for the purposes of collecting water quali- 16 ty data; 17 b. limit and eliminate the causes of harmful algal bloom outbreaks; 18 c. monitor and mitigate harmful algal bloom outbreaks; 19 d. identify sources of financing to achieve the purposes of this 20 section equitably; and 21 e. establish and support new and existing programs and organizations 22 relevant to the health of waters of the state that have not implemented 23 strategies to monitor, evaluate, prevent, or mitigate harmful algal 24 bloom outbreaks. 25 5. Harmful algal bloom grant program. a. The commissioner, in consul- 26 tation with the commissioner of agriculture and markets, the commission- 27 er of health, and the president of the empire state development corpo- 28 ration, shall promulgate rules and regulations for the establishment of 29 a harmful algal bloom grant program which shall provide funding to muni- 30 cipalities and intermunicipal organizations for the deployment of harm- 31 ful algal bloom monitoring, evaluation, prevention, and mitigation stra- 32 tegies and best practices. 33 b. The rules and regulations established pursuant to paragraph a of 34 this subdivision shall require that applicants for the harmful algal 35 bloom grant program conduct and submit a study, as part of their appli- 36 cation, assessing the most appropriate mitigation and prevention strate- 37 gies for relevant waters of the state and best practices therefor, as 38 informed by the harmful algal bloom database created pursuant to subdi- 39 vision three of this section. 40 c. In determining which applicants shall be awarded grants pursuant to 41 this subdivision, first preference shall be given to applicants who 42 propose strategies that incorporate principles of least harm and great- 43 est safety to applicators, the public, and the environment, and utilize 44 passive or non-chemical physical controls, including but not limited to: 45 i. aeration; 46 ii. hydrological manipulations; 47 iii. mechanical mixing; 48 iv. reservoir drawdown or desiccation; 49 v. surface skimming; 50 vi. ultrasound; or 51 vii. other emerging technologies, as approved by the department. 52 d. In determining which applicants shall be awarded grants pursuant to 53 this subdivision, second preference shall be given to applicants who 54 demonstrate expertise with previous experience treating water bodies in 55 the United States larger than one thousand acres, with proven success 56 using accepted strategies, including but not limited to strategies that:S. 8356 5 1 i. are aimed at reducing cyanotoxins in the water to less than harmful 2 levels; 3 ii. employ ready-to-use technology that is means tested, reproducible, 4 and generalizable, without limitation of size or shape of the water 5 body; 6 iii. employ technology which allows for application under emergency 7 situations and within less than ninety-six hours from approval; 8 iv. utilize products that are modular and can be used as a preventa- 9 tive measure; 10 v. utilize products that are quick and easy to apply and are generally 11 recognized as safe to the applicator, public, and environment; 12 vi. utilize products that float on the surface of the water and do not 13 sink immediately to the bottom of the water column; 14 vii. utilize products that are distributed autonomously across the 15 water body after a localized application; 16 viii. utilize products with a time-release mechanism that applies 17 constant and prolonged oxidative stress of the cyanobacteria triggered 18 by the programmed cell death signaling cascade, resulting in their 19 collapse; and 20 ix. utilize products manufactured in the United States. 21 e. The commissioner shall make monies available from the harmful algal 22 bloom monitoring and prevention fund, as established pursuant to section 23 ninety-nine-rr of the state finance law, within amounts appropriated 24 therefor, for the purposes of awarding grants to municipalities, inter- 25 municipal organizations, community-based nonprofits, or academic insti- 26 tutions for harmful algal bloom monitoring, evaluation, prevention, and 27 mitigation strategies pursuant to this section. 28 § 4. The state finance law is amended by adding a new section 99-rr to 29 read as follows: 30 § 99-rr. Harmful algal bloom monitoring and prevention fund. 1. There 31 is hereby established in the joint custody of the state comptroller and 32 commissioner of taxation and finance a special fund to be known as the 33 "harmful algal bloom monitoring and prevention fund". 34 2. Such fund shall consist of all revenues received by the comptroller 35 and all other moneys appropriated, credited, or transferred thereto from 36 the general fund or any other fund or source pursuant to law. Nothing 37 contained in this section shall prevent the state from receiving grants, 38 gifts, or bequests for the purposes of such fund and depositing them 39 into such fund according to law. 40 3. Moneys shall be paid out of the fund on the audit and warrant of 41 the comptroller on vouchers certified or approved by the commissioner of 42 environmental conservation or his or her designee. 43 4. Moneys of the fund shall be available to the commissioner of envi- 44 ronmental conservation for the harmful algal bloom monitoring and 45 prevention program established pursuant to section 15-0519 of the envi- 46 ronmental conservation law. 47 § 5. This act shall take effect on the ninetieth day after it shall 48 have become a law. Effective immediately, the addition, amendment and/or 49 repeal of any rule or regulation necessary for the implementation of 50 this act on its effective date are authorized to be made and completed 51 on or before such effective date.
