STATE OF NEW YORK ________________________________________________________________________ 5150--A 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. KELLES, GONZALEZ-ROJAS, McMAHON, BURDICK, SHIM- SKY, OTIS, SHRESTHA, ROSENTHAL, SLATER -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 participate in coordinated, 11 statewide monitoring, evaluation, prevention and mitigation, going 12 beyond water body-specific data collection and isolated mitigation 13 efforts. While the causes of HABS are complex and varied, with a coordi- 14 nated and standardized approach to monitoring and evaluation, patterns 15 can more readily be identified to isolate the combination of relevant 16 causes specific to different bodies of water across the state and deter- 17 mine the most effective targeted interventions. To address this threat, 18 the state must develop and maintain a comprehensive state clearinghouse 19 to bring together existing and new available statewide cross-sectional 20 and longitudinal data and information on harmful algal blooms, potential 21 and known causes, best practice interventions, expertise, and funding EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05332-02-5
A. 5150--A 2 1 resources. This data and subsequent report will enable the state to 2 effectively and efficiently administer a central grant program support- 3 ing data-driven best practices in prevention and mitigation of harmful 4 algal blooms. 5 § 3. The environmental conservation law is amended by adding a new 6 section 15-0519 to read as follows: 7 § 15-0519. Harmful algal bloom monitoring and prevention program. 8 1. Definitions. For the purposes of this section, the following terms 9 shall have the following meanings: 10 a. "Harmful algal blooms" shall mean growths of blooms of algal 11 species present in fresh or salt water that can produce toxins that are 12 harmful to public health, the economy, or recreational enjoyment, or 13 that can impair water quality and the natural ecology therein. 14 b. "Municipality" shall mean a county, city, town, or village. 15 c. "Waters of the state" means all waterways, or bodies of water 16 located within New York state or that part of any body of water which is 17 adjacent to New York state over which the state has territorial juris- 18 diction. 19 2. Comprehensive statewide data collection consolidation and report. 20 a. The commissioner shall develop a comprehensive database of all exist- 21 ing data collected to date by the department regarding harmful algal 22 bloom monitoring, evaluation, mitigation, and prevention. 23 b. The commissioner shall provide guidelines and protocols for the 24 submission of data on harmful algal bloom monitoring, evaluation, miti- 25 gation and prevention strategies from relevant institutions, organiza- 26 tions, and individuals with experience in peer-reviewed research, grant- 27 making, or other like activities in the area of water quality relating 28 to the monitoring, evaluation, prevention, and mitigation of harmful 29 algal bloom outbreaks, including but not limited to research programs, 30 clinics, labs, and project management. Such protocols shall include 31 tiers of quality standards by which data can be stratified to minimize 32 data loss. 33 c. The data collected, consolidated, and made publicly available shall 34 consist of elements including but not limited to longitudinal data on 35 the prevalence and incidence of harmful algal blooms, contextual factors 36 thought to be associated with the incidence of harmful algal blooms such 37 as water temperature, turbidity, flow rate, salinity, nutrient levels 38 for phosphorus and nitrogen, acidity (pH), dissolved oxygen levels, 39 monitoring and evaluation of waters of the state that do not contain 40 harmful algal blooms, and results of harmful algal bloom interventions 41 in New York state. 42 d. The data collected, consolidated, and made publicly available shall 43 meet a standard that is consistent with the practices and expertise of 44 institutions, organizations, or individuals with experience in peer-re- 45 viewed research, grantmaking, or other like activities in the area of 46 water quality relating to the monitoring, evaluation, prevention, and 47 mitigation of harmful algal bloom outbreaks, including but not limited 48 to research programs, clinics, labs, and project management. 49 e. No later than three years after the effective date of this section, 50 the commissioner, in consultation with the commissioner of agriculture 51 and markets, shall prepare a report that includes a list of vetted, best 52 practice strategies for harmful algal bloom monitoring, evaluation, 53 mitigation and prevention as identified from such comprehensive, state- 54 wide database, which shall be differentiated by region or water body 55 with unique confirmed causal pathways for the related harmful algal 56 bloom outbreak trends as well as external evaluation, including but not
A. 5150--A 3 1 limited to strategies approved by the federal environmental protection 2 agency, certification that such strategies meet or exceed the American 3 National Standards for health effects of drinking water treatment chemi- 4 cals (NSF/ANSI/CAN-60), or testing for efficacy by a center of excel- 5 lence in healthy water solutions. The department shall publish such 6 list and findings supporting the strategies on such list on the depart- 7 ment's website. 8 3. Harmful algal bloom database. a. Within twelve months of the effec- 9 tive date of this section, the commissioner shall establish and main- 10 tain a website providing public access to a harmful algal bloom database 11 which shall contain all relevant data, research, and reporting required 12 pursuant to subdivision two of this section. 13 b. Such database shall support the coordination of efforts across the 14 state to monitor, evaluate, prevent, and mitigate harmful algal blooms, 15 and shall include, but not be limited to: 16 i. the geolocation of harmful algal bloom outbreaks, and all data 17 associated with efforts to monitor, evaluate, prevent, and mitigate such 18 outbreaks; 19 ii. existing research including all findings relating to outbreaks of 20 harmful algal blooms in the waters of the state and the causes of such 21 outbreaks; and 22 iii. known or developing strategies and best practices of state, 23 municipal, and non-governmental organizations that monitor, evaluate, 24 prevent, or mitigate harmful algal bloom outbreaks, the respective 25 waters of the state in which such strategies and best practices have 26 been conducted, and the geolocations of such waters. 27 4. Publicly accessible website and portal. Within twelve months of the 28 effective date of this section, the department shall establish and main- 29 tain a website with an easily accessible portal for use by local poli- 30 tical subdivisions, and nonprofit organizations working on their behalf, 31 which provides access to harmful algal blooms expertise and providers of 32 harmful algal blooms monitoring, evaluation and prevention services, 33 including but not limited to the following: 34 a. information on institutions with expertise in peer-reviewed grant- 35 making and research in the area of water quality and/or harmful algal 36 blooms, including but not limited to the New York sea grant at Stony 37 Brook University, the New York water resource institute at Cornell 38 University, the center of excellence in healthy water solutions, the 39 bureau of water supply protection, the New York city department of envi- 40 ronmental protection, the department of agriculture and markets, commu- 41 nity-based nonprofit organizations with missions that specifically 42 involve monitoring, evaluating, mitigating, or preventing harmful algal 43 blooms, and any other institution or organization providing data 44 compiled pursuant to this section, and the contact information, relevant 45 research programs, clinics, labs, staff, and published research of such 46 institutions; and 47 b. available sources of funding for algal bloom monitoring, evalu- 48 ation, prevention, and mitigation, including federal, state, municipal, 49 and/or private funding, grants, or other monies. 50 5. Harmful algal bloom grant program. The commissioner, in consulta- 51 tion with the commissioner of agriculture and markets, the commissioner 52 of health, and the president of the empire state development corpo- 53 ration, shall establish a harmful algal bloom grant program which shall 54 provide funding to municipalities, intermunicipal organizations, commu- 55 nity-based nonprofits, or academic institutions for the deployment of
A. 5150--A 4 1 harmful algal bloom monitoring, evaluation, prevention, and mitigation 2 strategies and best practices. 3 a. The intent of this grant program shall be to build on the existing 4 knowledge base about harmful algal blooms for a given water body or 5 geolocation with respect to monitoring, prevention and/or mitigation. 6 Data collected should meet standards outlined by the department so data 7 can be incorporated into the comprehensive database required by this 8 section and contribute to collective, coordinated efforts to mitigate 9 and prevent further harmful algal bloom outbreaks. 10 b. The program shall require that applicants for the harmful algal 11 bloom grant program, informed by the harmful algal bloom database 12 created by subdivision three of this section, outline a proposal to 13 either: 14 i. contribute to monitoring efforts for a given water body or geoloca- 15 tion where further data collection is necessary to identify the most 16 appropriate mitigation and prevention strategies; or 17 ii. propose implementation of new or existing technologies for a given 18 water body or geolocation for harmful algal bloom mitigation and/or 19 prevention. 20 c. Any data collected with these funds shall be collected following 21 standards outlined by the department so it can be incorporated into the 22 database and further collective knowledge regarding harmful algal bloom 23 mitigation and/or prevention. 24 d. As a condition of funding, grantees shall agree to make their data 25 and findings publicly available in the harmful algal bloom database 26 created by subdivision three of this section. 27 e. In determining which applicants shall be awarded grants pursuant to 28 this subdivision, first preference shall be given to applicants who 29 propose strategies that incorporate principles of least harm and great- 30 est safety to applicators, the public, and the environment, and utilize 31 passive or non-chemical physical controls, including but not limited to: 32 i. aeration; 33 ii. hydrological manipulations; 34 iii. mechanical mixing; 35 iv. reservoir drawdown or desiccation; 36 v. surface skimming; 37 vi. ultrasound; or 38 vii. other emerging technologies, as approved by the department. 39 f. In determining which applicants shall be awarded grants pursuant to 40 this subdivision, second preference shall be given to applicants who 41 demonstrate expertise with previous experience treating water bodies in 42 the United States larger than one thousand acres, with proven success 43 using accepted strategies, including but not limited to strategies that: 44 i. are aimed at reducing cyanotoxins in the water to less than harmful 45 levels; 46 ii. employ ready-to-use technology that is means tested, reproducible, 47 and generalizable, without limitation of size or shape of the water 48 body; 49 iii. employ technology which allows for application under emergency 50 situations and within less than ninety-six hours from approval; 51 iv. utilize products that are modular and can be used as a preventa- 52 tive measure; 53 v. utilize products that are quick and easy to apply and are generally 54 recognized as safe to the applicator, public, and environment; 55 vi. utilize products that float on the surface of the water and do not 56 sink immediately to the bottom of the water column;
A. 5150--A 5 1 vii. utilize products that are distributed autonomously across the 2 water body after a localized application; 3 viii. utilize products with a time-release mechanism that applies 4 constant and prolonged oxidative stress of the cyanobacteria triggered 5 by the programmed cell death signaling cascade, resulting in their 6 collapse; and 7 ix. utilize products manufactured in the United States. 8 g. The commissioner shall make monies available from the harmful algal 9 bloom monitoring and prevention fund, as established pursuant to section 10 ninety-nine-ss of the state finance law, within amounts appropriated 11 therefor, pursuant to this section. 12 § 4. The state finance law is amended by adding a new section 99-ss to 13 read as follows: 14 § 99-ss. Harmful algal bloom monitoring and prevention fund. 1. There 15 is hereby established in the joint custody of the state comptroller and 16 commissioner of taxation and finance a special fund to be known as the 17 "harmful algal bloom monitoring and prevention fund". 18 2. Such fund shall consist of all revenues received by the comptroller 19 and all other moneys appropriated, credited, or transferred thereto from 20 the general fund or any other fund or source pursuant to law. Nothing 21 contained in this section shall prevent the state from receiving grants, 22 gifts, or bequests for the purposes of such fund and depositing them 23 into such fund according to law. 24 3. Moneys shall be paid out of the fund on the audit and warrant of 25 the comptroller on vouchers certified or approved by the commissioner of 26 environmental conservation or the commissioner of environmental conser- 27 vation's designee. 28 4. Moneys of the fund shall be available to the commissioner of envi- 29 ronmental conservation for the harmful algal bloom monitoring and 30 prevention program established pursuant to section 15-0519 of the envi- 31 ronmental conservation law. 32 § 5. This act shall take effect one year after it shall have become a 33 law. Effective immediately, the addition, amendment and/or repeal of any 34 rule or regulation necessary for the implementation of this act on its 35 effective date are authorized to be made and completed on or before such 36 effective date.