Bill Text: NY S02752 | 2019-2020 | 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) 2020-01-08 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S02752 Detail]

Download: New_York-2019-S02752-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2752
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 29, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs
        AN ACT to amend the executive law, in relation to directing the division
          of homeland security and emergency services to conduct  a  review  and
          analysis of security 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 719 to
     2  read as follows:
     3    § 719. 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 of the division of homeland security
     6  and emergency services shall conduct a review and analysis  of  measures
     7  being  taken  by  the  owners  and operators of rail yards facilities to
     8  protect the security of critical infrastructure related to such  facili-
     9  ties. Such commissioner shall have the authority to review all audits or
    10  reports related to the security of such critical infrastructure, includ-
    11  ing  all  such  audits  or  reports mandated by state and federal law or
    12  regulation, including  spill  prevention  reports  and  risk  management
    13  plans,  audits and reports conducted at the request of any federal enti-
    14  ty, or any other agency or authority  of  the  state  or  any  political
    15  subdivision  thereof,  and  reports  prepared by owners and operators of
    16  such facilities as required in this subdivision. The owners  and  opera-
    17  tors  of such rail yard facilities shall, in compliance with any federal
    18  and state requirements regarding the dissemination of such  information,
    19  provide  access to the commissioner to such audits and reports regarding
    20  such critical infrastructure provided, however,  exclusive  custody  and
    21  control  of  such audits and reports shall remain solely with the owners
    22  and operators of such facilities to the extent not inconsistent with any
    23  other law. For the purposes of this  section  "critical  infrastructure"
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08229-01-9

        S. 2752                             2
     1  has  the  meaning  ascribed  to that term in subdivision five of section
     2  eighty-six of the public officers law.
     3    2.  To effectuate his or her duties pursuant to this section and iden-
     4  tify risks to the public, the commissioner of the division  of  homeland
     5  security and emergency services shall:
     6    (a)  identify  and  prepare  a list of all rail yard facilities in the
     7  state;
     8    (b) in consultation with the commissioner of  transportation  and  any
     9  state,  local  and  municipal  officials as may be appropriate, identify
    10  rail yard facilities, which because of their storage and/or  transporta-
    11  tion  of,  or  relationship  to,  such substances identified pursuant to
    12  paragraph (a) of subdivision two of section seven  hundred  fourteen  of
    13  this  article pose risks to the public should an unauthorized release of
    14  such hazardous substances occur; and
    15    (c) require such rail yard facilities identified pursuant to paragraph
    16  (a) of this subdivision, as the commissioner so determines, to prepare a
    17  vulnerability assessment of the security measures taken by such  facili-
    18  ties  to  prevent  and  respond to the unauthorized release of hazardous
    19  substances as may be stored therein, which assessments the  commissioner
    20  shall  review and consider in light of the seriousness of the risk posed
    21  and vulnerability of such facility and, where appropriate,  make  recom-
    22  mendations with respect thereto.
    23    3.  (a)  On or before June first, two thousand twenty-one, the commis-
    24  sioner shall make a preliminary report to the  governor,  the  temporary
    25  president  of  the senate, the speaker of the assembly, the commissioner
    26  of transportation and the chief executive officer of any  such  affected
    27  facility or his or her designee, and on or before December thirty-first,
    28  two thousand twenty-one, and not later than three years after such date,
    29  and  every  five  years thereafter, the commissioner shall report to the
    30  governor, the temporary president of the  senate,  the  speaker  of  the
    31  assembly,  the  commissioner  of  transportation and the chief executive
    32  officer of any such affected facility  or  his  or  her  designee.  Such
    33  report shall review the security measures being taken regarding critical
    34  infrastructure related to rail yard facilities, assess the effectiveness
    35  thereof,  and include recommendations to the legislature and the depart-
    36  ment of transportation if the commissioner  determines  that  additional
    37  measures are required to be implemented.
    38    (b)  Before  the receipt of such report identified in paragraph (a) of
    39  this subdivision, each recipient of such report shall develop  confiden-
    40  tiality  protocols  which shall be binding upon the recipient who issues
    41  the protocols and anyone to whom the  recipient  shows  a  copy  of  the
    42  report  in  consultation  with the commissioner, for the maintenance and
    43  use of such report so as to ensure the confidentiality of the report and
    44  all information contained therein, provided, however, that  such  proto-
    45  cols  shall  not be binding upon a person who is provided access to such
    46  report or any information contained therein pursuant to section  eighty-
    47  nine  of the public officers law after a final determination that access
    48  to such report or any information contained therein could not be  denied
    49  pursuant  to subdivision two of section eighty-seven of the public offi-
    50  cers law. The commissioner shall also develop protocols for the division
    51  of homeland security and emergency services related to  the  maintenance
    52  and use of such report so as to ensure the confidentiality of all sensi-
    53  tive  information  contained in such report. On each report, the commis-
    54  sioner shall prominently display the following statement:  "This  report
    55  may  contain  information  that  if disclosed could endanger the life or
    56  safety of the public, and therefore, pursuant to section  seven  hundred

        S. 2752                             3
     1  eleven of the executive law, this report is to be maintained and used in
     2  a  manner consistent   with protocols established to preserve the confi-
     3  dentiality of the information contained herein in  a  manner  consistent
     4  with law."
     5    (c)  The  departments of transportation and environmental conservation
     6  shall have the discretion to require that recommendations of the commis-
     7  sioner be implemented by any owner or operator of a rail yard facility.
     8    § 2. This act shall take effect immediately.
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