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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:
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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;
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(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:
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(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.
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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.