BILL NUMBER: S1833
SPONSOR: MAY
 
TITLE OF BILL:
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"
 
PURPOSE:
To establish a coordinated statewide Harmful Algal Blooms monitoring and
prevention program
 
SUMMARY OF SPECIFIC PROVISIONS:
Sec. 1 - Short title: Harmful Algal Bloom Monitoring and Prevention
Program (HABMAP);
Sec. 2 - Statement of legislative intent;
Sec. 3 - Amends Environmental Conservation Law by adding a new section
15-0519 which:
*establishes definitions;
*directs the Department of Environmental Conservation (DEC), together
with Departments of Agriculture & Markets (DAM) and Health (DOH), to
develop a comprehensive statewide HABS data collection consolidation and
analysis program and, within 5 years, issue a report which includes
analysis, findings and recommendations for a coordinated system of HABS
outbreak monitoring and mitigation in all relevant water bodies, to be
incorporated into the DEC's regulations;
*directs DEC to establish a clearinghouse for HABS monitoring, miti-
gation and prevention data, strategies, funding sources and institutions
with expertise in HABS-related grantmaking and research, and to make
information available on a publicly accessible website; such monitoring
activities are not to be carried out by DEC staff, but the development
of the clearinghouse and provision of information would be handled by
agency staff
*directs the DEC to promulgate regulations to support and coordinate
federal, state, municipal and nongovernmental organizations in monitor-
ing, mitigating and preventing harmful algal blooms (HABs);
*creates a harmful algal bloom prevention and mitigation grant program
to provide funding to municipalities or intermunicipal organizations
using best practices for their local HABS monitoring and prevention
programs;
Sec. 4 - Amends state finance law by adding a new section 99-rr to
establish a.NABS Prevention and Mitigation Program fund;
Sec. 5 - Effective date.
 
JUSTIFICATION:
Harmful Algal Blooms (HABs), once rare in New York State, now routinely
occur in our reservoirs, lakes, and ponds. In 2022 alone the DEC
reported 1,053 number of HABs outbreaks in 204 unique water bodies in 52
counties across the state including a significant number of outbreaks in
NYC. The highest incidence of outbreaks occurred in the Finger Lakes
with the highest incidence in Cayuga Lake with 88 confirmed cases,
however HABs are also appearing in other water bodies statewide. Beyond
their use for recreation, our lakes provide important food sources for
local fishers and drinking water for millions of New Yorkers. These
blooms result from the uncontrolled growth of certain aquatic algae
which produce dangerous toxins that pollute drinking water, harm human
health, and threaten some of the remaining accessible surface freshwater
on Earth. They also threaten critical economic drivers, which, for exam-
ple, in the Finger Lakes region, represents a $3.2 billion tourism
industry that supports over 60,000 jobs.
The increase of HABs in New York's fresh water bodies is driven. by the
climate crisis and poor watershed management practices, which result in
warming waters and high nutrient inputs. In 2017, a HAB appeared on
Skaneateles Lake for the first time in 30 years, threatening the water
supply for 200,000 people, including the city of Syracuse. A SUNY
College of Environmental Science and Forestry (ESF) Professor Emeritus
called it "a serious wake-up call."
Without coordinated intervention, HABs in the Finger Lakes and across
the state have been escalating and will certainly continue to worsen
over time. The DEC has begun this important process with the 2018
multi-agency HABs Initiative, including water-body specific HABs Action
Plans and targeted mitigation studies. However, while we now have more
information about where HABs are appearing, we still lack comprehensive
information about the sources of HABs, and thus the means to implement
forward-looking solutions in the most effective way.
While the general drivers of HABs are known (high temperatures and
excessive nutrient loads), effective solutions have so, far remained
elusive as the problem worsens. This is because the specific combination
of factors that lead to HABs on any given water body is complex (depend-
ing on lake size, depth, watershed features, etc.), and because there is
a lack of comprehensive, longitudinal data on water body temperature,
nutrients, and HABs occurrence. Compounding the difficulty in identify-
ing sources of the problem is that efforts at HABs mitigation have so
far been local and waterbody-specific. This means they have been rela-
tively isolated from one another, lacking in the coordination that could
allow us to identify patterns in aggregate data and fully harness exist-
ing knowledge and funding resources.
This bill would charge the DEC with establishing a coordinated system of
HABs monitoring, evaluation, prevention and mitigation, finally putting
New York State on a path to be able to predict and prevent the occur-
rence of Harmful Algal Blooms in our water bodies. It would not require
new monitoring efforts by DEC staff.
 
LEGISLATIVE HISTORY:
2023-2024: S.8356-A (May) / A.8869-A (Kelles)
 
FISCAL IMPLICATIONS:
Subject to appropriation
 
EFFECTIVE DATE:
90 days after enactment