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

A. 6455                             4

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.