Bill Text: NY A08545 | 2011-2012 | General Assembly | Introduced
Bill Title: Directs the division of homeland security and emergency services to conduct a review and analysis of security measures at rail yards and to issue related reports and recommendations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A08545 Detail]
Download: New_York-2011-A08545-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8545 2011-2012 Regular Sessions I N A S S E M B L Y July 20, 2011 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to directing the state office of homeland security to conduct a review and analysis of secu- rity measures at rail yards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new section 718 to 2 read as follows: 3 S 718. PROTECTION OF CRITICAL INFRASTRUCTURE; RAIL YARDS. 1. NOTWITH- 4 STANDING ANY OTHER PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF 5 AN APPROPRIATION, THE COMMISSIONER SHALL CONDUCT A REVIEW AND ANALYSIS 6 OF MEASURES BEING TAKEN BY THE OWNERS AND OPERATORS OF RAIL YARDS FACIL- 7 ITIES TO PROTECT THE SECURITY OF CRITICAL INFRASTRUCTURE RELATED TO SUCH 8 FACILITIES. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO REVIEW ALL 9 AUDITS OR REPORTS RELATED TO THE SECURITY OF SUCH CRITICAL INFRASTRUC- 10 TURE, INCLUDING ALL SUCH AUDITS OR REPORTS MANDATED BY STATE AND FEDERAL 11 LAW OR REGULATION, INCLUDING SPILL PREVENTION REPORTS AND RISK MANAGE- 12 MENT PLANS, AUDITS AND REPORTS CONDUCTED AT THE REQUEST OF ANY FEDERAL 13 ENTITY, OR ANY OTHER AGENCY OR AUTHORITY OF THE STATE OR ANY POLITICAL 14 SUBDIVISION THEREOF, AND REPORTS PREPARED BY OWNERS AND OPERATORS OF 15 SUCH FACILITIES AS REQUIRED IN THIS SUBDIVISION. THE OWNERS AND OPERA- 16 TORS OF SUCH RAIL YARD FACILITIES SHALL, IN COMPLIANCE WITH ANY FEDERAL 17 AND STATE REQUIREMENTS REGARDING THE DISSEMINATION OF SUCH INFORMATION, 18 PROVIDE ACCESS TO THE COMMISSIONER TO SUCH AUDITS AND REPORTS REGARDING 19 SUCH CRITICAL INFRASTRUCTURE PROVIDED, HOWEVER, EXCLUSIVE CUSTODY AND 20 CONTROL OF SUCH AUDITS AND REPORTS SHALL REMAIN SOLELY WITH THE OWNERS 21 AND OPERATORS OF SUCH FACILITIES TO THE EXTENT NOT INCONSISTENT WITH ANY 22 OTHER LAW. FOR THE PURPOSES OF THIS SECTION "CRITICAL INFRASTRUCTURE" 23 HAS THE MEANING ASCRIBED TO THAT TERM IN SUBDIVISION FIVE OF SECTION 24 EIGHTY-SIX OF THE PUBLIC OFFICERS LAW. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11295-01-1 A. 8545 2 1 2. TO EFFECTUATE HIS OR HER DUTIES PURSUANT TO THIS SECTION AND IDEN- 2 TIFY RISKS TO THE PUBLIC, THE COMMISSIONER SHALL: 3 (A) IDENTIFY AND PREPARE A LIST OF ALL RAIL YARD FACILITIES IN THE 4 STATE; 5 (B) IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION AND ANY 6 STATE, LOCAL AND MUNICIPAL OFFICIALS AS MAY BE APPROPRIATE, IDENTIFY 7 RAIL YARD FACILITIES, WHICH BECAUSE OF THEIR STORAGE AND/OR TRANSPORTA- 8 TION OF, OR RELATIONSHIP TO, SUCH SUBSTANCES IDENTIFIED PURSUANT TO 9 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED FOURTEEN OF 10 THIS ARTICLE POSE RISKS TO THE PUBLIC SHOULD AN UNAUTHORIZED RELEASE OF 11 SUCH HAZARDOUS SUBSTANCES OCCUR; AND 12 (C) REQUIRE SUCH RAIL YARD FACILITIES IDENTIFIED PURSUANT TO PARAGRAPH 13 (A) OF THIS SUBDIVISION, AS THE COMMISSIONER SO DETERMINES, TO PREPARE A 14 VULNERABILITY ASSESSMENT OF THE SECURITY MEASURES TAKEN BY SUCH FACILI- 15 TIES TO PREVENT AND RESPOND TO THE UNAUTHORIZED RELEASE OF HAZARDOUS 16 SUBSTANCES AS MAY BE STORED THEREIN, WHICH ASSESSMENTS THE COMMISSIONER 17 OF THE OFFICE OF HOMELAND SECURITY SHALL REVIEW AND CONSIDER IN LIGHT OF 18 THE SERIOUSNESS OF THE RISK POSED AND VULNERABILITY OF SUCH FACILITY 19 AND, WHERE APPROPRIATE, MAKE RECOMMENDATIONS WITH RESPECT THERETO. 20 3. (A) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWELVE, THE COMMISSIONER 21 SHALL MAKE A PRELIMINARY REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT 22 OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER OF TRANS- 23 PORTATION AND THE CHIEF EXECUTIVE OFFICER OF ANY SUCH AFFECTED FACILITY 24 OR HIS OR HER DESIGNEE, AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO 25 THOUSAND TWELVE, AND NOT LATER THAN THREE YEARS AFTER SUCH DATE, AND 26 EVERY FIVE YEARS THEREAFTER, THE COMMISSIONER SHALL REPORT TO THE GOVER- 27 NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, 28 THE COMMISSIONER OF TRANSPORTATION AND THE CHIEF EXECUTIVE OFFICER OF 29 ANY SUCH AFFECTED FACILITY OR HIS OR HER DESIGNEE. SUCH REPORT SHALL 30 REVIEW THE SECURITY MEASURES BEING TAKEN REGARDING CRITICAL INFRASTRUC- 31 TURE RELATED TO RAIL YARD FACILITIES, ASSESS THE EFFECTIVENESS THEREOF, 32 AND INCLUDE RECOMMENDATIONS TO THE LEGISLATURE, THE DEPARTMENT OF TRANS- 33 PORTATION IF THE COMMISSIONER DETERMINES THAT ADDITIONAL MEASURES ARE 34 REQUIRED TO BE IMPLEMENTED. 35 (B) BEFORE THE RECEIPT OF SUCH REPORT IDENTIFIED IN PARAGRAPH (A) OF 36 THIS SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP CONFIDEN- 37 TIALITY PROTOCOLS WHICH SHALL BE BINDING UPON THE RECIPIENT WHO ISSUES 38 THE PROTOCOLS AND ANYONE TO WHOM THE RECIPIENT SHOWS A COPY OF THE 39 REPORT IN CONSULTATION WITH THE COMMISSIONER, FOR THE MAINTENANCE AND 40 USE OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND 41 ALL INFORMATION CONTAINED THEREIN, PROVIDED, HOWEVER, THAT SUCH PROTO- 42 COLS SHALL NOT BE BINDING UPON A PERSON WHO IS PROVIDED ACCESS TO SUCH 43 REPORT OR ANY INFORMATION CONTAINED THEREIN PURSUANT TO SECTION EIGHTY- 44 NINE OF THE PUBLIC OFFICERS LAW AFTER A FINAL DETERMINATION THAT ACCESS 45 TO SUCH REPORT OR ANY INFORMATION CONTAINED THEREIN COULD NOT BE DENIED 46 PURSUANT TO SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFI- 47 CERS LAW. THE COMMISSIONER SHALL ALSO DEVELOP PROTOCOLS FOR SUCH OFFICE 48 RELATED TO THE MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE THE 49 CONFIDENTIALITY OF ALL SENSITIVE INFORMATION CONTAINED IN SUCH REPORT. 50 ON EACH REPORT, THE COMMISSIONER SHALL PROMINENTLY DISPLAY THE FOLLOWING 51 STATEMENT: "THIS REPORT MAY CONTAIN INFORMATION THAT IF DISCLOSED COULD 52 ENDANGER THE LIFE OR SAFETY OF THE PUBLIC, AND THEREFORE, PURSUANT TO 53 SECTION SEVEN HUNDRED ELEVEN OF THE EXECUTIVE LAW, THIS REPORT IS TO BE 54 MAINTAINED AND USED IN A MANNER CONSISTENT WITH PROTOCOLS ESTABLISHED 55 TO PRESERVE THE CONFIDENTIALITY OF THE INFORMATION CONTAINED HEREIN IN A 56 MANNER CONSISTENT WITH LAW." A. 8545 3 1 (C) THE DEPARTMENTS OF TRANSPORTATION AND ENVIRONMENTAL CONSERVATION 2 SHALL HAVE THE DISCRETION TO REQUIRE THAT RECOMMENDATIONS OF THE COMMIS- 3 SIONER BE IMPLEMENTED BY ANY OWNER OR OPERATOR OF A RAIL YARD FACILITY. 4 S 2. This act shall take effect immediately.