Bill Text: NY A00377 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the protection of water supplies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-03-15 - signed chap.11 [A00377 Detail]

Download: New_York-2017-A00377-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           377
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2017
                                       ___________
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Governmental Operations
        AN ACT to amend the executive law and the public health law, in relation
          to the protection of water supplies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 711-b of the executive law, as added by  a  chapter
     2  of  the  laws of 2016 amending the executive law and other laws relating
     3  to the protection of water supplies, as proposed  in  legislative  bills
     4  numbers S.7601 and A.10129, is amended to read as follows:
     5    §  711-b. Review of water supplier vulnerability analysis assessments.
     6  The commissioner, or his or her designee, shall review each vulnerabili-
     7  ty analysis assessment [from] prepared by a water supplier  [transmitted
     8  to the division from the department of health] pursuant to section elev-
     9  en  hundred  twenty-five  of the public health law. The commissioner may
    10  issue recommendations or general guidance to the water supplier based on
    11  the assessment to enhance protections  against  a  terrorist  attack  or
    12  cyber  attack. Such recommendations and guidance shall be kept confiden-
    13  tial and shall be exempt from disclosure under article six of the public
    14  officers law.
    15    § 2. Paragraph (a) of subdivision 1 of  section  1125  of  the  public
    16  health  law,  as  amended  by a chapter of the laws of 2016 amending the
    17  executive law and  other  laws  relating  to  the  protection  of  water
    18  supplies,  as  proposed in legislative bills numbers S.7601 and A.10129,
    19  is amended to read as follows:
    20    (a) "Water supply emergency plan"  shall  mean  a  plan  reviewed  and
    21  approved  by  the  commissioner  and filed with the department. The plan
    22  shall follow a form which shall be specified by the department and which
    23  shall include, but not be limited to, those  items  enumerated  in  this
    24  section, and shall address those actions to be taken by a water supplier
    25  to  anticipate  emergencies  and  respond responsibly to emergency situ-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07087-01-7
        A. 377                              2
     1  ations.  The department shall maintain a list  of  all  water  suppliers
     2  required to [file] submit a water supply emergency plan pursuant to this
     3  section.
     4    §  3.  Paragraph  (k)  of  subdivision 2 of section 1125 of the public
     5  health law, as amended by a chapter of the laws  of  2016  amending  the
     6  executive  law  and  other  laws  relating  to  the  protection of water
     7  supplies, as proposed in legislative bills numbers S.7601  and  A.10129,
     8  is amended to read as follows.
     9    (k)  a  vulnerability  analysis  assessment,  including an analysis of
    10  vulnerability to terrorist attack[, including] and cyber  attack,  which
    11  shall  be  made  after consultation with local and state law enforcement
    12  agencies.
    13    § 4. Subdivision 5 of section  1125  of  the  public  health  law,  as
    14  amended  by a chapter of the laws of 2016 amending the executive law and
    15  other laws relating to the protection of water supplies, as proposed  in
    16  legislative  bills  numbers  S.7601  and  A.10129, is amended to read as
    17  follows:
    18    5. Every water supplier shall review, and  if  necessary,  revise  its
    19  water  supply emergency plan and report its findings to the commissioner
    20  by  December  thirty-first,  nineteen  hundred  ninety-five.  Any  water
    21  supplier  whose water supply emergency plan does not include an analysis
    22  of vulnerability to terrorist  attack[,  including]  and  cyber  attack,
    23  shall  initiate  such an analysis by June first, two thousand seventeen,
    24  and shall revise its emergency plan  and  report  its  findings  to  the
    25  commissioner by January first, two thousand [seventeen] eighteen.  Every
    26  water  supplier  shall  keep its water supply emergency plan up to date,
    27  shall provide updated communication and notification information to  the
    28  commissioner  by  December  thirty-first of every year, and shall submit
    29  its water supply emergency plan to the commissioner for review at  least
    30  once  every five years and within thirty days after major water facility
    31  infrastructure changes have been made. The commissioner shall [transmit]
    32  make available for review, following established security  protocols,  a
    33  copy  of each vulnerability analysis assessment from a water supplier to
    34  the superintendent of state police,  commissioner  of  the  division  of
    35  homeland security and emergency services, and chief technology officer.
    36    §  5.  This  act  shall  take  effect on the same date and in the same
    37  manner as a chapter of the laws of 2016 amending the executive  law  and
    38  other  laws relating to the protection of water supplies, as proposed in
    39  legislative bills numbers S.7601 and A.10129, takes effect.