BILL NUMBER: S4444
SPONSOR: STEC
 
TITLE OF BILL:
An act to amend the legislative law, in relation to authorizing the
legislative commission on the development of rural resources to study
the effectiveness of pond and lake management programs; to amend the
executive law, the soil and water conservation districts law, the envi-
ronmental conservation law, the public health law, the education law and
the public authorities law, in relation to the mitigation and control of
harmful algal blooms; and providing for the repeal of certain provisions
upon expiration thereof
 
PURPOSE:
Provides for the control and mitigation of harmful algal blooms
 
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 2 of section 83-i of the
legislative law to include pond and lake management within the purview
of the Legislative Commission on the Development of Rural Resources.
Section two-a of the bill includes harmful algal blooms within the defi-
nition of water contamination.
Section two-b of the bill requires the establishment of a multi-agency
emergency response team which can be deployed in the event of a
suspected contamination of a potable water source by harmful algal bloom
or hypoxia.
Section three of the bill amends section 912 of the executive law to
include the detection and monitoring of harmful algal blooms within the
state's coastal and inland waterway policies.
Section four of the bill amends subdivision 16 of section 9 of the soil
and water conservation law to allow districts, within the limits of
appropriations made available for such purposes, to undertake a program
for the monitoring and response to harmful algal blooms.
Section five of the bill amends article 17 of the environmental conser-
vation law by adding a new title 17 to create a harmful algal bloom
program, which includes a harmful algal bloom and hypoxia commission
made up of various state agency heads, as well as a harmful algal bloom
and hypoxia advisory committee made up of various subject matter
experts, who will be charged with the development of a plan for the
monitoring and response to harmful algal blooms, as well as local and
regional assessments.
Section six of the bill amends section 225 of the public health law to
include the management of harmful algal blooms at ponds, lakes, rivers,
estuaries, water systems used by public water suppliers, and surf beach-
es in the sanitary code. Section seven of the bill requires Cornell to
complete a peer-reviewed study of harmful algal blooms and provide such
study to the governor, the legislature, state agencies and the harmful
algal bloom and hypoxia commission.
Section eight of the bill allows the Environmental Facilities Corpo-
ration to provide funding for emergency drinking water supplies when
contamination has resulted from harmful algal blooms or hypoxia.
Section nine sets the effective date.
 
JUSTIFICATION:
Previous administrations announced major investments to combat algal
blooms that threaten recreational use of lakes as well as drinking
water.
Yet, the State still lacks a specific program and inter-agency approach
to this emerging threat to our water supply.
Governor Cuomo noted that "in recent years, the extent, duration, and
impacts of HABs have increased. HABs occurrence has been linked to phos-
phorus and other nutrient inputs and is exacerbated by heavy rain events
and warming waters related to climate change. In 2015, the Department of
Health documented an estimated 35 HAB-associated illness cases in 16 New
York counties, all associated with exposure during recreational activ-
ities like swimming and boating."
The Governor also reported that "in 2016, drinking water for more than
40,000 people in Cayuga County was impacted when HABs-related toxins
were detected in finished drinking water for the first time.
In 2017, more than 100 beaches were closed for at least part of the
summer due to HABs, and Skaneateles Lake, the source of unfiltered
drinking water for several communities including the city of Syracuse,
was threatened by algal blooms for the first time. While the finished
drinking water was not impacted, this event highlights the need to
better understand the causes and control of these HABs."
Building on the successful model of the State's invasive species
program, this bill will create a mechanism whereby the state can study,
respond to, and mitigate harmful algal blooms.
 
LEGISLATIVE HISTORY:
2023-2024: S7727 referred to Investigations and Government Operations;
A6266 referred to Environmental Conservation
2017-2018: A10994/S7752
 
FISCAL IMPLICATIONS:
The initial programmatic costs will be similar to setup of the State's
invasive species program, and other funding will be available subject to
appropriation when and if such appropriations are made therefor.
 
EFFECTIVE DATE:
This act shall take 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.

Statutes affected:
S4444: 83-i legislative law, 83-i(2) legislative law, 20 executive law, 20(2) executive law, 912 executive law, 225 public health law, 1285 public authorities law