Bill Text: NY A10261 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to a review of chemical security measures being taken by owners and operators of facilities that manufacture or store chemicals which could endanger the security of the public if unauthorized release occurred.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-05-23 - reported referred to codes [A10261 Detail]

Download: New_York-2015-A10261-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10261
                   IN ASSEMBLY
                                      May 18, 2016
                                       ___________
        Introduced  by M. of A. PEOPLES-STOKES -- (at request of the Division of
          Homeland Security and Emergency Services) -- read once and referred to
          the Committee on Governmental Operations
        AN ACT to amend the executive law, in relation to chemical security
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 714 of the executive law, as amended by section 17
     2  of part B of chapter 56 of the laws of  2010,  is  amended  to  read  as
     3  follows:
     4    §  714.  Protection of critical infrastructure; storage facilities for
     5  hazardous substances. 1. Notwithstanding any other provision of law  and
     6  subject to the availability of an appropriation, the commissioner of the
     7  division  of  homeland  security  and emergency services shall conduct a
     8  review and analysis of security measures being taken by the  owners  and
     9  operators  of facilities [identified pursuant to paragraph (b) of subdi-
    10  vision two of this section to protect the security of  critical  infras-
    11  tructure related to such facilities] that manufacture or store chemicals
    12  which,  if an unauthorized release occurred, could endanger the security
    13  of the public. The commissioner of the division of homeland security and
    14  emergency services shall have the authority  to  review  all  audits  or
    15  reports related to the security of such critical infrastructure, includ-
    16  ing  all  such  audits  or  reports mandated by state and federal law or
    17  regulation, including  spill  prevention  reports  and  risk  management
    18  plans,  audits and reports conducted at the request of the department of
    19  environmental conservation or at the request of any federal  entity,  or
    20  any  other agency or authority of the state or any political subdivision
    21  thereof, and reports prepared by owners and operators of such facilities
    22  as required in this subdivision. The owners and operators of such facil-
    23  ities shall, in compliance  with  any  federal  and  state  requirements
    24  regarding  the  dissemination of such information, provide access to the
    25  commissioner of the division of homeland security and emergency services
    26  to such  audits  and  reports  regarding  such  critical  infrastructure
    27  provided,  however,  exclusive  custody  and  control of such audits and
    28  reports shall remain solely with the owners and operators of such facil-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14297-01-6
        A. 10261                            2
     1  ities to the extent  not  inconsistent  with  any  other  law.  For  the
     2  purposes  of  this  section,  the term "critical infrastructure" has the
     3  meaning ascribed to that term in subdivision five of section  eighty-six
     4  of the public officers law.
     5    2. [To effectuate his or her duties pursuant to this section and iden-
     6  tify  risks  to the public, the commissioner of the division of homeland
     7  security and emergency services shall:
     8    (a) within six months of  the  effective  date  of  this  section,  in
     9  consultation  with  the  commissioner of environmental conservation, the
    10  commissioner of health, and such representatives of the chemical  indus-
    11  try  and  higher  education  as  may be appropriate, prepare a list that
    12  identifies toxic or hazardous substances, including but not  limited  to
    13  those  substances  listed  as  hazardous to public health, safety or the
    14  environment in regulations promulgated pursuant to article  thirty-seven
    15  of  the  environmental conservation law, as well as those substances for
    16  which the state possesses insufficient or limited toxicological informa-
    17  tion but for which there exists preliminary evidence that the  substance
    18  or  the class of chemicals with similar physical and chemical properties
    19  to which it belongs has the potential to cause death, injury, or serious
    20  adverse effects to human health or the environment, based on the severi-
    21  ty of the threat posed to the public by the unauthorized release of such
    22  substances. Such list will be promulgated in accord with the  provisions
    23  of the state administrative procedure act;
    24    (b)  upon completion of the list required pursuant to paragraph (a) of
    25  this subdivision, but no later than one hundred twenty days  after  such
    26  date,  in  consultation with the commissioner of environmental conserva-
    27  tion, the commissioner of health and such representatives of the  chemi-
    28  cal  industry  and  any  state,  local and municipal officials as may be
    29  appropriate, identify facilities, including facilities regulated  pursu-
    30  ant  to  title nine and title eleven of article twenty-seven and article
    31  forty of the environmental conservation law,  but  excluding  facilities
    32  that  hold  liquified petroleum gas for fuel at retail sale as described
    33  in section 112(1)(4)(B) of  the  Clean  Air  Act  (42  U.S.C.    section
    34  7412(r)(4)(b))  and  those facilities that are defined as "water suppli-
    35  ers" in subdivision one of section eleven  hundred  twenty-five  of  the
    36  public  health law, which because of their storage of or relationship to
    37  such substances identified pursuant to paragraph (a) of this subdivision
    38  pose risks to the public should an unauthorized release of such  hazard-
    39  ous substances occur; and
    40    (c)  require  such  facilities identified pursuant to paragraph (b) of
    41  this subdivision, as  the  commissioner  so  determines,  to  prepare  a
    42  vulnerability  assessment of the security measures taken by such facili-
    43  ties to prevent and respond to the  unauthorized  release  of  hazardous
    44  substances  as may be stored therein, which assessments the commissioner
    45  of the division of homeland security and emergency services shall review
    46  and consider in light of the seriousness of the risk posed  and  vulner-
    47  ability  of  such  facility and, where appropriate, make recommendations
    48  with respect thereto.
    49    3.] (a) On or before June first, two thousand five,  the  commissioner
    50  of the division of homeland security and emergency services shall make a
    51  preliminary  report  to  the  governor,  the  temporary president of the
    52  senate, the speaker of the assembly, the commissioner  of  environmental
    53  conservation, the commissioner of health and the chief executive officer
    54  of  any  such affected facility or his or her designee, and on or before
    55  December thirty-first, two thousand five, and not later than three years
    56  after such date, and every five years thereafter,  the  commissioner  of
        A. 10261                            3
     1  the division of homeland security and emergency services shall report to
     2  the  governor, the temporary president of the senate, the speaker of the
     3  assembly, the commissioner of environmental  conservation,  the  commis-
     4  sioner  of  health  and the chief executive officer of any such affected
     5  facility or his or her designee. Such report shall review  the  security
     6  measures  being  taken regarding critical infrastructure related to such
     7  facilities, assess the effectiveness thereof,  and  include  recommenda-
     8  tions  to  the legislature, the department of environmental conservation
     9  or the department of health if the commissioner of the division of home-
    10  land security and emergency services determines that additional measures
    11  are required to be implemented.
    12    (b) Before the receipt of such report identified in paragraph  (a)  of
    13  this  subdivision, each recipient of such report shall develop confiden-
    14  tiality protocols which shall be binding upon the recipient  who  issues
    15  the  protocols  and  anyone  to  whom  the recipient shows a copy of the
    16  report in consultation with the commissioner of the division of homeland
    17  security and emergency services, for the maintenance  and  use  of  such
    18  report  so as to ensure the confidentiality of the report and all infor-
    19  mation contained therein, provided, however, that such  protocols  shall
    20  not  be  binding  upon a person who is provided access to such report or
    21  any information contained therein [pursuant to  section  eighty-nine  of
    22  the  public officers law after a final determination that access to such
    23  report or any information contained therein could not be denied pursuant
    24  to subdivision two of section eighty-seven of the public  officers  law]
    25  and any information contained or used in its preparation shall be exempt
    26  and  not  made  available pursuant to article six of the public officers
    27  law.  The commissioner of the division of homeland security and emergen-
    28  cy services shall also develop protocols for such  division  related  to
    29  the maintenance and use of such report so as to ensure the confidential-
    30  ity  of  all  sensitive  information  contained  in such report. On each
    31  report, the commissioner of the division of homeland security and  emer-
    32  gency  services shall prominently display the following statement: "This
    33  report may contain information that if disclosed could endanger the life
    34  or safety of the  public,  and  therefore,  pursuant  to  section  seven
    35  hundred eleven of the executive law, this report is to be maintained and
    36  used  in  a manner consistent with protocols established to preserve the
    37  confidentiality of the information contained herein in a manner consist-
    38  ent with law."
    39    (c) The  department  of  environmental  conservation  shall  have  the
    40  discretion  to  require  that recommendations of the commissioner of the
    41  division of homeland security and emergency services be  implemented  by
    42  any  owner  or  operator  of  a hazardous substances storage facility as
    43  defined in this section.
    44    § 2. This act shall take effect immediately.