S T A T E O F N E W Y O R K
________________________________________________________________________
6455
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
___________
Introduced by M. of A. ORTIZ, JOHN, LAVINE, HOOPER -- Multi-Sponsored by
-- M. of A. PEOPLES -- read once and referred to the Committee on
Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to providing for
the security and safety of local communities and community facilities,
by protecting local communities from practices that fail to secure
rail facilities and equipment from the threat of terrorism and by
ensuring proper communication between the owners and operators of rail
facilities and equipment with local and state first responders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short Title. This act may be cited as the "Local Community
Rail Security Act of 2009."
S 2. Legislative intent; findings and purposes. The legislature here-
by finds and declares it necessary to protect this state's rail facili-
ties and the local communities where these facilities are located and/or
operated from possible sabotage resulting from acts of terrorism or
other crimes. The legislature finds it necessary for the state emergency
management agency and the department of transportation, in a collabora-
tive effort, to conduct a risk assessment of the safety and security of
this state's rail facilities and rail equipment.
The legislature further finds it necessary to implement an advanced
plan of protection for all local communities where rail facilities are
located and/or operated. This plan shall be uniformly adopted and
strictly adhered to by all such communities. Further, this plan shall
improve the quality of communication between the owners and operators of
rail facilities and the local and state first responders.
The legislature recognizes the dire need for the owners, operators and
employees of rail facilities to receive proper training on how to deal
with security threats or breaches effecting rail facilities since they
are the best persons to identify and respond to any security threat or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09941-01-9
A. 6455 2
breach and to recognize the resulting threats to local communities.
Therefore, this plan establishes training requirements including how
owners, operators, and employees must deal with hazardous materials or
oil being transported or stored on the premises of rail facilities, and
how to prevent the sabotage of rail facilities or equipment by conduct-
ing proper inspections of the facilities, adequately storing hazardous
materials, oil or equipment, and by properly identifying and quickly
responding to security threats.
S 3. The public authorities law is amended by adding a new article 9-A
to read as follows:
ARTICLE 9-A
LOCAL COMMUNITY RAIL SECURITY ACT OF 2009
FOR PROTECTING OUR RAIL FACILITIES FROM THREAT OF TERRORISM
SECTION 2990. RISK ASSESSMENT.
2991. COMMUNITY PROTECTION PLAN.
2992. WORKER PROTECTION PLAN.
2993. SCOPE.
S 2990. RISK ASSESSMENT. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER
THIS ARTICLE TAKES EFFECT, EVERY OPERATOR OF A RAIL FACILITY IN THIS
STATE SHALL PROVIDE TO THE STATE EMERGENCY MANAGEMENT AGENCY AND THE
DEPARTMENT OF TRANSPORTATION ANY NECESSARY DATA OR INFORMATION FOR A
RISK ASSESSMENT OF ALL RAIL FACILITIES IN THIS STATE TO BE CONDUCTED BY
SUCH AGENCY AND DEPARTMENT. SUCH ASSESSMENT SHALL CONTAIN INFORMATION
INCLUDING:
(A) ALL FACILITIES AND THEIR FUNCTIONS;
(B) THE TYPES OF CARGO THAT HAVE MOVED THROUGH SUCH FACILITIES WITHIN
THE PRECEDING TWELVE MONTHS, INCLUDING THE APPROXIMATE QUANTITIES OF
HAZARDOUS MATERIALS AND OIL SUBJECT TO CHAPTER I OF TITLE 49 OF THE CODE
OF FEDERAL REGULATIONS;
(C) THE EXTENT TO WHICH HAZARDOUS MATERIALS OR OIL ARE STORED IN RAIL
FACILITIES, INCLUDING THE LOCATION OF SUCH FACILITIES AND THE APPROXI-
MATE QUANTITIES OF HAZARDOUS MATERIALS OR OIL STORED;
(D) THE LOCATION OF ANY RAIL FACILITY THROUGH WHICH HAZARDOUS MATERI-
ALS OR OIL ARE TRANSPORTED OR AT WHICH SUCH CARGO IS STORED THAT LIES
WITHIN A FIFTEEN MILE RADIUS OF A SCHOOL, HOSPITAL, NURSING HOME, PUBLIC
UTILITY OR PUBLIC SAFETY FACILITY; AND
(E) THE RAIL OPERATOR'S CURRENT SECURITY PLAN, WHICH SHALL INCLUDE:
(I) A DESCRIPTION OF THE PRACTICES OF THE RAIL OPERATOR DESIGNED TO
PREVENT ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES ON RAIL FACILITIES;
(II) THE TRAINING PROGRAM THE RAIL OPERATOR PROVIDES TO ITS EMPLOYEES;
(III) THE EMERGENCY RESPONSE PROCEDURES OF THE RAIL OPERATOR IN DEAL-
ING WITH ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES; AND
(IV) THE PROCEDURES OF THE RAIL OPERATOR IN COMMUNICATING WITH LOCAL
AND STATE LAW ENFORCEMENT PERSONNEL, EMERGENCY PERSONNEL, TRANSPORTATION
OFFICIALS AND OTHER FIRST RESPONDERS IN THE EVENT OF ACTS OF SABOTAGE,
TERRORISM OR OTHER CRIMES.
S 2991. COMMUNITY PROTECTION PLAN. 1. NOT LATER THAN THREE HUNDRED
SIXTY DAYS AFTER THE DATE THIS ARTICLE TAKES EFFECT, ALL RAIL OPERATORS
SHALL HAVE IN PLACE A COMMUNITY PROTECTION PLAN DESIGNED TO PROTECT RAIL
INFRASTRUCTURE AND TRAFFIC IN THIS STATE FROM ACTS OF SABOTAGE, TERROR-
ISM OR OTHER CRIMES. THE COMMUNITY PROTECTION PLAN SHALL PROVIDE SPECIF-
ICALLY FOR THE SECURITY OF CRITICAL INFRASTRUCTURE, INCLUDING ALL POINTS
OF VULNERABILITY OF THE RAIL SYSTEM WHICH HANDLE HAZARDOUS CARGO OR OIL,
INCLUDING RIGHTS OF WAY, YARDS, BRIDGES, TUNNELS AND SIGNAL SYSTEMS.
2. WITH RESPECT TO RAIL INFRASTRUCTURE, GENERALLY, THE COMMUNITY
PROTECTION PLAN SHALL SET FORTH AND DESCRIBE:
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(I) THE RAIL OPERATOR'S METHODS FOR PROTECTING CRITICAL INFRASTRUCTURE
FROM ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES;
(II) THE MANNER AND SUBSTANCE OF INITIAL AND RECURRENT TRAINING
PROVIDED BY THE RAIL OPERATOR TO ITS EMPLOYEES TO ENABLE THEM TO IDENTI-
FY SECURITY THREATS AND RESPOND APPROPRIATELY TO ACTS OF SABOTAGE,
TERRORISM OR OTHER CRIMES;
(III) THE EMERGENCY RESPONSE PROCEDURES OF THE RAIL OPERATOR IN DEAL-
ING WITH ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES; AND
(IV) THE PROCEDURES OF THE RAIL OPERATOR IN COMMUNICATING WITH LOCAL
AND STATE LAW ENFORCEMENT PERSONNEL, EMERGENCY PERSONNEL, TRANSPORTATION
OFFICIALS, AND OTHER FIRST RESPONDERS IN THE EVENT OF ACTS OF SABOTAGE,
TERRORISM OR OTHER CRIMES.
3. WITH RESPECT TO ANY RAIL FACILITY THROUGH WHICH HAZARDOUS MATERIALS
OR OIL IS TRANSPORTED OR AT WHICH SUCH CARGO IS STORED THAT LIES WITHIN
A FIFTEEN MILE RADIUS OF A SCHOOL, HOSPITAL, NURSING HOME, PUBLIC UTILI-
TY OR PUBLIC SAFETY FACILITY, THE COMMUNITY PROTECTION PLAN SHALL ALSO
PROVIDE FOR THE
(I) REGULAR ROUTINE INSPECTION OF THE CONDITION OF THE FACILITY AND
ITS SUSCEPTIBILITY TO SABOTAGE, RESULTING FROM TERRORISM OR OTHER
CRIMES, BY TRAINED PERSONNEL;
(II) STORAGE OF HAZARDOUS MATERIALS OR OIL ONLY IN SECURE FACILITIES
DESIGNED FOR SUCH STORAGE, WHICH SHALL NOT INCLUDE RIGHTS OF WAY;
(III) PROCEDURES TO PREVENT LEAVING LOCOMOTIVE EQUIPMENT RUNNING WHILE
UNATTENDED, AND LEAVING UNATTENDED LOCOMOTIVE EQUIPMENT UNLOCKED;
(IV) METHODS BY WHICH THE CABS OF OCCUPIED LOCOMOTIVES MAY BE SECURED
AGAINST UNAUTHORIZED ENTRY; AND
(V) SECURITY FOR ALL REMOTE CONTROL DEVICES TO PREVENT ACCESS TO SUCH
DEVICES BY UNAUTHORIZED PERSONNEL.
4. EACH RAIL OPERATOR IN THIS STATE SHALL PROVIDE A COPY OF ITS COMMU-
NITY PROTECTION PLAN TO THE STATE EMERGENCY MANAGEMENT AGENCY AND THE
DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT OF TRANSPORTATION SHALL
REVIEW THE COMMUNITY PROTECTION PLAN AND SHALL HAVE THE AUTHORITY TO
ORDER A RAIL OPERATOR TO IMPROVE, MODIFY OR CHANGE ITS PLAN TO COMPLY
WITH THE REQUIREMENTS OF THIS ARTICLE. THE DEPARTMENT OF TRANSPORTATION
SHALL HAVE THE AUTHORITY TO FINE A RAIL OPERATOR UP TO FIFTY THOUSAND
DOLLARS PER DAY FOR FAILURE TO COMPLY WITH ANY PROVISION OF THIS ARTI-
CLE. THE COMMUNITY PROTECTION PLAN SHALL BE UPDATED BY THE RAIL OPERATOR
AT LEAST ONCE EVERY YEAR AND THE UPDATED PLAN SHALL BE SUBMITTED TO THE
STATE EMERGENCY MANAGEMENT AGENCY AND THE DEPARTMENT OF TRANSPORTATION
WITHIN THE TIME FRAME SO PROVIDED.
S 2992. WORKER PROTECTION PLAN. NO RAIL OPERATOR OR ANY OTHER PERSON
COVERED BY THIS ARTICLE MAY DISCHARGE OR IN ANY WAY DISCRIMINATE AGAINST
AN EMPLOYEE WHO REPORTS A VIOLATION OF THIS ARTICLE. AN EMPLOYEE WHO
ALLEGES A VIOLATION OF THIS ARTICLE MAY SEEK PUNITIVE DAMAGES OF UP TO
ONE MILLION DOLLARS FOR THE VIOLATION, IN ADDITION TO ANY OTHER REMEDY
AVAILABLE UNDER A PROVISION OF THE LAW.
S 2993. SCOPE. THIS ARTICLE SHALL APPLY TO RAIL OPERATORS, CONTRACTORS
OR SUBCONTRACTORS WORKING ON THE FACILITIES OF A RAIL OPERATOR, AND ANY
OTHER INDIVIDUAL OR CORPORATION PERFORMING WORK ON RAIL FACILITIES IN
THIS STATE. ALL EMPLOYEES OF RAIL OPERATORS, CONTRACTORS OR SUBCONTRAC-
TORS, AND OTHER INDIVIDUALS OR CORPORATIONS PERFORMING WORK ON RAIL
FACILITIES IN THIS STATE, SHALL RECEIVE THE TRAINING PRESCRIBED IN
SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS ARTICLE. IN ADDITION,
EMPLOYEES OF RAIL CONTRACTORS OR SUBCONTRACTORS, AND OTHER INDIVIDUALS
OR CORPORATIONS PERFORMING WORK ON RAIL FACILITIES IN THIS STATE, SHALL
BE REQUIRED TO UNDERGO THE SAME BACKGROUND, SKILLS AND FITNESS FOR DUTY
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CHECKS AS EMPLOYEES OF THE RAIL OPERATOR. IF ANY PROVISIONS OF THIS
ARTICLE SHALL BE DETERMINED TO BE IN CONFLICT WITH ANY OTHER PROVISION
OF LAW, SUCH PROVISIONS WILL CONTINUE IN EFFECT ONLY TO THE EXTENT
PERMITTED BY SUCH LAW. IF ANY PROVISIONS OF THIS ARTICLE ARE OR BECOME
INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR UNENFORCEABILITY WILL NOT
AFFECT OR IMPAIR ANY OTHER TERM OR PROVISION OF THIS ARTICLE.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.