S T A T E O F N E W Y O R K
________________________________________________________________________
10953
I N A S S E M B L Y
May 5, 2010
___________
Introduced by M. of A. CORWIN -- read once and referred to the Committee
on Governmental Operations
AN ACT establishing the New York state electromagnetic pulse critical
infrastructure protection commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Commission established. A commission to be known as the
New York state electromagnetic pulse critical infrastructure protection
commission, hereafter referred to as the commission, is hereby estab-
lished to identify any necessary steps that it believes should be taken
by New York state to protect its civilian systems from an electromagnet-
ic pulse (EMP) event. Such commission shall educate itself about EMP and
EMP threats and vulnerabilities to New York state's infrastructures,
gather facts as needed, make recommendations, and inform local agencies
and governments about the hazards of natural and man-made EMP events.
Furthermore, the commission shall assess the dangers from all EMP
threats and this shall include developing a plan to protect the state
from an EMP event, as well as responding to the aftermath and recovery
after such an event.
S 2. Specifically, the commission shall:
1. study the findings and recommendations of the congressional commis-
sion to assess the threat to the United States of America from electro-
magnetic pulse attack (the EMP commission); the congressional commission
on strategic posture of the United States regarding EMP, the national
academy of sciences and the national fire protection association (NFPA)
and other related EMP findings and materials that are available with
regard to the following:
(a) the vulnerability of New York state's civilian systems to natural
and man-made EMP events, giving special attention to the vulnerability
of the civilian infrastructure as a matter of emergency preparedness;
(b) identify and assess the critical infrastructure within or impact-
ing New York state that is vulnerable to EMP, whether natural or man-
made, which at a minimum will include the following:
(i) infrastructure commonality;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17122-01-0
A. 10953 2
(ii) electricity (including without limitation generation, the bulk
power system, distribution, critical electrical and electrically depend-
ent systems and components);
(iii) communications (including without limitation operations, emer-
gency services, and keeping citizens informed);
(iv) banking and finance;
(v) petroleum and natural gas;
(vi) transportation;
(vii) food and water supplies;
(viii) waste water and sewage treatment;
(ix) emergency services (including but not limited to police, fire,
health and medical facilities); and
(x) continuity of government;
(c) the capacity of New York state to protect against and repair and
recover from damage inflicted on the civilian systems in and affecting
New York state by an EMP;
2. analyze the feasibility and cost of hardening civilian infrastruc-
ture systems against EMP events, the costs impacting state and local
government revenues if infrastructures remain unprotected, and the
financial benefits of protecting the critical infrastructures;
3. review recommendations calling for the creation of micro-grids and
make recommendations regarding the development, deployment and
protection of micro-grids from EMP including:
(a) the use of local electricity generation sources; and
(b) the use of renewable and backup energy storage systems;
4. identify critical interoperable communications capabilities and
determine means to keep them operable;
5. identify critical transformers, supervisory control and data acqui-
sition (SCADA) devices, and other critical components, and recommend
minimum "backup inventory" levels;
6. review opportunities where local and state agencies and the private
sector can coordinate and cooperate to expedite mitigation of critical
infrastructure vulnerabilities; and
7. develop and recommend a plan to prepare for, protect from, respond
to and recover after EMP events, and make recommendations regarding the
foregoing, including any suggested state action and legislation, as
deemed appropriate, and any recommendations regarding the New York state
public service commission and power utility authorities and companies
taking action to protect the electrical power grid and
supply/distribution systems from the effects of man-made and solar EMP.
S 3. This act shall take effect immediately.