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.
              

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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.