LBD14115-02-4
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1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
A. "HARMFUL ALGAL BLOOMS" SHALL MEAN GROWTHS OF BLOOMS OF ALGAL
SPECIES PRESENT IN FRESH OR SALT WATER THAT CAN PRODUCE TOXINS THAT ARE
HARMFUL TO PUBLIC HEALTH, THE ECONOMY, OR RECREATIONAL ENJOYMENT, OR
THAT CAN IMPAIR WATER QUALITY AND THE NATURAL ECOLOGY THEREIN.
B. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
C. "WATERS OF THE STATE" MEANS ALL WATERWAYS, OR BODIES OF WATER
LOCATED WITHIN NEW YORK STATE OR THAT PART OF ANY BODY OF WATER WHICH IS
ADJACENT TO NEW YORK STATE OVER WHICH THE STATE HAS TERRITORIAL JURIS-
DICTIONS.
2. COMPREHENSIVE STATEWIDE DATA COLLECTION CONSOLIDATION AND ANALYSIS
REPORT. A. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO
DEVELOP A PROGRAM TO FURTHER THE COMPREHENSIVE AND CONSISTENT
COLLECTION, CONSOLIDATION, ANALYSIS AND META-ANALYSIS OF STATEWIDE DATA
RELATING TO THE MONITORING, EVALUATION, PREVENTION, AND MITIGATION OF
HARMFUL ALGAL BLOOM OUTBREAKS. THE COMMISSIONER SHALL PROVIDE GUIDELINES
FOR THE SUBMISSION OF EXISTING AND HISTORICAL HARMFUL ALGAL BLOOM MONI-
TORING, EVALUATION, MITIGATION, AND PREVENTION DATA AND STRATEGIES FROM
RELEVANT INSTITUTIONS, ORGANIZATIONS, AND INDIVIDUALS WITH EXPERIENCE IN
PEER-REVIEWED RESEARCH, GRANTMAKING, OR OTHER LIKE ACTIVITIES IN THE
AREA OF WATER QUALITY RELATING TO THE MONITORING, EVALUATION,
PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOM OUTBREAKS, INCLUDING
BUT NOT LIMITED TO RESEARCH PROGRAMS, CLINICS, LABS, AND PROJECT MANAGE-
MENT.
B. THE DATA COLLECTED, CONSOLIDATED, AND ANALYZED SHALL CONSIST OF
ELEMENTS INCLUDING BUT NOT LIMITED TO LONGITUDINAL DATA ON THE INCIDENCE
OF HARMFUL ALGAL BLOOMS, CONTEXTUAL FACTORS THOUGHT TO BE ASSOCIATED
WITH THE INCIDENCE OF HARMFUL ALGAL BLOOMS SUCH AS WATER TEMPERATURE,
TURBIDITY, FLOW RATE, SALINITY, NUTRIENT LEVELS FOR PHOSPHORUS AND
NITROGEN, ACIDITY (PH), DISSOLVED OXYGEN LEVELS, AND RESULTS OF HARMFUL
ALGAL BLOOM INTERVENTIONS IN NEW YORK STATE.
C. THE DATA COLLECTED, CONSOLIDATED, AND ANALYZED SHALL MEET A STAND-
ARD THAT IS CONSISTENT WITH THE PRACTICES AND EXPERTISE OF INSTITUTIONS,
ORGANIZATIONS, OR INDIVIDUALS WITH EXPERIENCE IN PEER-REVIEWED RESEARCH,
GRANTMAKING, OR OTHER LIKE ACTIVITIES IN THE AREA OF WATER QUALITY
RELATING TO THE MONITORING, EVALUATION, PREVENTION, AND MITIGATION OF
HARMFUL ALGAL BLOOM OUTBREAKS, INCLUDING BUT NOT LIMITED TO RESEARCH
PROGRAMS, CLINICS, LABS, AND PROJECT MANAGEMENT.
D. THE DEPARTMENT SHALL ANNUALLY PUBLISH AND UPDATE A LIST OF VETTED
BEST PRACTICE STRATEGIES FOR HARMFUL ALGAL BLOOM MONITORING, EVALUATION,
PREVENTION, AND MITIGATION, WHICH SHALL BE DIFFERENTIATED BY REGION OR
WATER BODY WITH UNIQUE CONFIRMED CAUSAL PATHWAYS FOR THE RELATED HARMFUL
ALGAL BLOOM OUTBREAK TRENDS. SUCH STRATEGIES SHALL BE SUPPORTED BY FIND-
INGS OF THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION, AS WELL AS EXTERNAL EVALUATION, INCLUDING BUT NOT
LIMITED TO STRATEGIES APPROVED BY THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY, CERTIFICATION THAT SUCH STRATEGIES MEET OR EXCEED THE AMERICAN
NATIONAL STANDARDS FOR HEALTH EFFECTS OF DRINKING WATER TREATMENT CHEMI-
CALS (NSF/ANSI/CAN-60), OR TESTING FOR EFFICACY BY CENTER OF EXCELLENCE
IN HEALTHY WATER SOLUTIONS. THE DEPARTMENT SHALL PUBLISH SUCH LIST AND
FINDINGS SUPPORTING THE STRATEGIES ON SUCH LIST ON THE DEPARTMENT'S
WEBSITE.
E. NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
AND MARKETS, SHALL PREPARE A REPORT PROVIDING COMPREHENSIVE ANALYSIS AND
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META-ANALYSIS OF THE DATA COLLECTED PURSUANT TO THIS SECTION, INCLUDING
FINDINGS AND RECOMMENDATIONS FOR ESTABLISHING, MAINTAINING, AND IMPROV-
ING UPON A COORDINATED SYSTEM OF MONITORING, EVALUATION, PREVENTION, AND
MITIGATION OF HARMFUL ALGAL BLOOM OUTBREAKS ACROSS NEW YORK STATE. THE
DEPARTMENT SHALL:
I. UPDATE THE REPORT AT LEAST ONCE EVERY FIVE YEARS AFTER THE INITIAL
COMPLETION OF THE REPORT;
II. MAKE THE REPORT PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE;
III. HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEARINGS ON THE DRAFT
REPORT AND SUBSEQUENT UPDATES TO THE REPORT, INCLUDING THREE MEETINGS IN
THE UPSTATE REGION AND THREE MEETINGS IN THE DOWNSTATE REGION, AND SHALL
ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF PUBLIC
COMMENT;
IV. PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FROM ALL
SEGMENTS OF THE POPULATIONS THAT LIVE NEAR, OR ARE RELIANT UPON FOR
DRINKING, RECREATION, OR ECONOMIC ACTIVITY, THE WATERS OF THE STATE
INCLUDED IN THE REPORT, INCLUDING BUT NOT LIMITED TO INSTITUTIONS OR
ORGANIZATIONS WITH RELEVANT EXPERTISE, CITIZEN SCIENTISTS, AND LABS
TESTING WATER QUALITY IN RELATION TO HARMFUL ALGAL BLOOMS;
V. IDENTIFY THE MAGNITUDE OF HARMFUL ALGAL BLOOMS ACROSS THE STATE AND
MAKE RECOMMENDATIONS ON REGULATORY MEASURES AND OTHER STATE OR LOCAL
ACTIONS TO MONITOR, EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL BLOOMS,
INCLUDING EXISTING OPPORTUNITIES FOR COORDINATION OF FEDERAL, STATE,
MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS;
VI. IDENTIFY BEST PRACTICES, TECHNOLOGY, AND AVAILABLE FEDERAL, STATE,
MUNICIPAL, OR PRIVATE FUNDING FOR AND EXISTING EFFORTS IN MONITORING,
EVALUATING, PREVENTING, AND MITIGATING HARMFUL ALGAL BLOOMS; AND
VII. IDENTIFY THE CURRENT NEED IN SPECIFIC BODIES OF WATER FOR THE
ESTABLISHMENT OF PROGRAMS OR ORGANIZATIONS TO FURTHER THE MONITORING,
EVALUATION, PREVENTION, AND MITIGATION OF HARMFUL ALGAL BLOOMS, AND THE
COSTS THEREFOR.
3. HARMFUL ALGAL BLOOM DATABASE. A. THE COMMISSIONER SHALL ESTABLISH
AND MAINTAIN A WEBSITE PROVIDING PUBLIC ACCESS TO A HARMFUL ALGAL BLOOM
DATABASE WHICH SHALL CONTAIN ALL RELEVANT DATA, RESEARCH, AND REPORTING
REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
B. SUCH DATABASE, AND ANALYSIS OF THE COMPREHENSIVE STATEWIDE DATA
THEREIN, SHALL SUPPORT THE COORDINATION OF EFFORTS ACROSS THE STATE TO
MONITOR, EVALUATE, PREVENT, AND MITIGATE HARMFUL ALGAL BLOOMS, AND SHALL
INCLUDE, BUT NOT BE LIMITED TO:
I. THE GEOLOCATION OF HARMFUL ALGAL BLOOM OUTBREAKS, AND EFFORTS TO
MONITOR, EVALUATE, PREVENT, AND MITIGATE SUCH OUTBREAKS;
II. EXISTING RESEARCH, ANALYSIS, OR REPORTS RELATING TO OUTBREAKS OF
HARMFUL ALGAL BLOOMS IN THE WATERS OF THE STATE AND THE CAUSES OF SUCH
OUTBREAKS;
III. KNOWN OR DEVELOPING STRATEGIES AND BEST PRACTICES OF STATE,
MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS THAT MONITOR, EVALUATE,
PREVENT, OR MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS, THE RESPECTIVE
WATERS OF THE STATE IN WHICH SUCH STRATEGIES AND BEST PRACTICES HAVE
BEEN CONDUCTED, AND THE GEOLOCATIONS OF SUCH WATERS;
IV. AVAILABLE SOURCES OF FINANCING FOR ALGAL BLOOM MONITORING, EVALU-
ATION, PREVENTION, AND MITIGATION, INCLUDING FEDERAL, STATE, MUNICIPAL,
AND/OR PRIVATE FUNDING, GRANTS, OR OTHER MONIES; AND
V. INFORMATION ON INSTITUTIONS WITH EXPERTISE IN PEER-REVIEWED GRANT-
MAKING AND RESEARCH IN THE AREA OF WATER QUALITY AND/OR HARMFUL ALGAL
BLOOMS, INCLUDING BUT NOT LIMITED TO THE NEW YORK SEA GRANT AT STONY
BROOK UNIVERSITY, THE NEW YORK WATER RESOURCE INSTITUTE AT CORNELL
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UNIVERSITY, THE CENTER OF EXCELLENCE IN HEALTHY WATER SOLUTIONS, THE
BUREAU OF WATER SUPPLY PROTECTION, THE NEW YORK CITY DEPARTMENT OF ENVI-
RONMENTAL PROTECTION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, COMMU-
NITY-BASED NONPROFIT ORGANIZATIONS WITH MISSIONS THAT SPECIFICALLY
INVOLVE MONITORING, EVALUATING, MITIGATING, OR PREVENTING HARMFUL ALGAL
BLOOMS, AND ANY OTHER INSTITUTION OR ORGANIZATION PROVIDING DATA
COMPILED PURSUANT TO THIS SECTION, AND THE CONTACT INFORMATION, RELEVANT
RESEARCH PROGRAMS, CLINICS, LABS, STAFF, AND PUBLISHED RESEARCH OF SUCH
INSTITUTIONS.
4. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES AND
REGULATIONS FOR THE DEVELOPMENT OF A PROGRAM TO SUPPORT AND COORDINATE
EFFORTS BY FEDERAL, STATE, MUNICIPAL, AND NON-GOVERNMENTAL ORGANIZATIONS
TO:
A. CONSISTENTLY MONITOR AND EVALUATE WATERS OF THE STATE THAT DO NOT
CONTAIN HARMFUL ALGAL BLOOMS FOR THE PURPOSES OF COLLECTING WATER QUALI-
TY DATA;
B. LIMIT AND ELIMINATE THE CAUSES OF HARMFUL ALGAL BLOOM OUTBREAKS;
C. MONITOR AND MITIGATE HARMFUL ALGAL BLOOM OUTBREAKS;
D. IDENTIFY SOURCES OF FINANCING TO ACHIEVE THE PURPOSES OF THIS
SECTION EQUITABLY; AND
E. ESTABLISH AND SUPPORT NEW AND EXISTING PROGRAMS AND ORGANIZATIONS
RELEVANT TO THE HEALTH OF WATERS OF THE STATE THAT HAVE NOT IMPLEMENTED
STRATEGIES TO MONITOR, EVALUATE, PREVENT, OR MITIGATE HARMFUL ALGAL
BLOOM OUTBREAKS.
5. HARMFUL ALGAL BLOOM GRANT PROGRAM. A. THE COMMISSIONER, IN CONSUL-
TATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, THE COMMISSION-
ER OF HEALTH, AND THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPO-
RATION, SHALL PROMULGATE RULES AND REGULATIONS FOR THE ESTABLISHMENT OF
A HARMFUL ALGAL BLOOM GRANT PROGRAM WHICH SHALL PROVIDE FUNDING TO MUNI-
CIPALITIES AND INTERMUNICIPAL ORGANIZATIONS FOR THE DEPLOYMENT OF HARM-
FUL ALGAL BLOOM MONITORING, EVALUATION, PREVENTION, AND MITIGATION STRA-
TEGIES AND BEST PRACTICES.
B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION SHALL REQUIRE THAT APPLICANTS FOR THE HARMFUL ALGAL
BLOOM GRANT PROGRAM CONDUCT AND SUBMIT A STUDY, AS PART OF THEIR APPLI-
CATION, ASSESSING THE MOST APPROPRIATE MITIGATION AND PREVENTION STRATE-
GIES FOR RELEVANT WATERS OF THE STATE AND BEST PRACTICES THEREFOR, AS
INFORMED BY THE HARMFUL ALGAL BLOOM DATABASE CREATED PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION.
C. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
THIS SUBDIVISION, FIRST PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO
PROPOSE STRATEGIES THAT INCORPORATE PRINCIPLES OF LEAST HARM AND GREAT-
EST SAFETY TO APPLICATORS, THE PUBLIC, AND THE ENVIRONMENT, AND UTILIZE
PASSIVE OR NON-CHEMICAL PHYSICAL CONTROLS, INCLUDING BUT NOT LIMITED TO:
I. AERATION;
II. HYDROLOGICAL MANIPULATIONS;
III. MECHANICAL MIXING;
IV. RESERVOIR DRAWDOWN OR DESICCATION;
V. SURFACE SKIMMING;
VI. ULTRASOUND; OR
VII. OTHER EMERGING TECHNOLOGIES, AS APPROVED BY THE DEPARTMENT.
D. IN DETERMINING WHICH APPLICANTS SHALL BE AWARDED GRANTS PURSUANT TO
THIS SUBDIVISION, SECOND PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO
DEMONSTRATE EXPERTISE WITH PREVIOUS EXPERIENCE TREATING WATER BODIES IN
THE UNITED STATES LARGER THAN ONE THOUSAND ACRES, WITH PROVEN SUCCESS
USING ACCEPTED STRATEGIES, INCLUDING BUT NOT LIMITED TO STRATEGIES THAT:
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I. ARE AIMED AT REDUCING CYANOTOXINS IN THE WATER TO LESS THAN HARMFUL
LEVELS;
II. EMPLOY READY-TO-USE TECHNOLOGY THAT IS MEANS TESTED, REPRODUCIBLE,
AND GENERALIZABLE, WITHOUT LIMITATION OF SIZE OR SHAPE OF THE WATER
BODY;
III. EMPLOY TECHNOLOGY WHICH ALLOWS FOR APPLICATION UNDER EMERGENCY
SITUATIONS AND WITHIN LESS THAN NINETY-SIX HOURS FROM APPROVAL;
IV. UTILIZE PRODUCTS THAT ARE MODULAR AND CAN BE USED AS A PREVENTA-
TIVE MEASURE;
V. UTILIZE PRODUCTS THAT ARE QUICK AND EASY TO APPLY AND ARE GENERALLY
RECOGNIZED AS SAFE TO THE APPLICATOR, PUBLIC, AND ENVIRONMENT;
VI. UTILIZE PRODUCTS THAT FLOAT ON THE SURFACE OF THE WATER AND DO NOT
SINK IMMEDIATELY TO THE BOTTOM OF THE WATER COLUMN;
VII. UTILIZE PRODUCTS THAT ARE DISTRIBUTED AUTONOMOUSLY ACROSS THE
WATER BODY AFTER A LOCALIZED APPLICATION;
VIII. UTILIZE PRODUCTS WITH A TIME-RELEASE MECHANISM THAT APPLIES
CONSTANT AND PROLONGED OXIDATIVE STRESS OF THE CYANOBACTERIA TRIGGERED
BY THE PROGRAMMED CELL DEATH SIGNALING CASCADE, RESULTING IN THEIR
COLLAPSE; AND
IX. UTILIZE PRODUCTS MANUFACTURED IN THE UNITED STATES.
E. THE COMMISSIONER SHALL MAKE MONIES AVAILABLE FROM THE HARMFUL ALGAL
BLOOM MONITORING AND PREVENTION FUND, AS ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-RR OF THE STATE FINANCE LAW, WITHIN AMOUNTS APPROPRIATED
THEREFOR, FOR THE PURPOSES OF AWARDING GRANTS TO MUNICIPALITIES, INTER-
MUNICIPAL ORGANIZATIONS, COMMUNITY-BASED NONPROFITS, OR ACADEMIC INSTI-
TUTIONS FOR HARMFUL ALGAL BLOOM MONITORING, EVALUATION, PREVENTION, AND
MITIGATION STRATEGIES PURSUANT TO THIS SECTION.
§ 4. The state finance law is amended by adding a new section 99-rr to
read as follows:
§ 99-RR. HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"HARMFUL ALGAL BLOOM MONITORING AND PREVENTION FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COMPTROLLER
AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
THE GENERAL FUND OR ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING
CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
GIFTS, OR BEQUESTS FOR THE PURPOSES OF SUCH FUND AND DEPOSITING THEM
INTO SUCH FUND ACCORDING TO LAW.
3. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
4. MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION FOR THE HARMFUL ALGAL BLOOM MONITORING AND
PREVENTION PROGRAM ESTABLISHED PURSUANT TO SECTION 15-0519 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.