NY State Senate Bill 2015-S7199

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2016	referred to veterans, homeland security and military affairs

2015-S7199 (ACTIVE) - Details

See Assembly Version of this Bill:: A10261
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §714, Exec L

2015-S7199 (ACTIVE) - Summary

Relates to a review of chemical security measures being taken by owners and operators of facilities that manufacture or store chemicals which could endanger the security of the public if unauthorized release occurred.

2015-S7199 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7199

 TITLE OF BILL :

An act to amend the executive law, in relation to chemical security

 PURPOSE :

This bill would amend section 714 of the Executive Law to provide the
Division of Homeland Security and Emergency Services (DHSES) with
greater flexibility in determining chemical security priorities for
the State and provide protection for the reports and information
developed from disclosure under the Freedom of Information Law.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend section 714, subsection 1 of the
Executive Law by adding language to specify that the Commissioner of
DHSES is authorized to conduct a review and analysis of security
measures being taken by owners and operators of facilities that
manufacture or store chemicals which, if an unauthorized release
occurred, could endanger the security of the public. Subsection 2 of
section 714 would be is removed thereby eliminating the requirement
that a list of hazardous chemicals be promulgated in regulation and
that identified facilities submit vulnerability assessments to DHSES.
Subsection 3 of section 714 would further be amended to exempt such

reports and information developed pursuant to the section from
disclosure under Article 6 of the Public Officers Law.

Section 2 sets forth an immediate effective date.

 EXISTING LAW :

Section 714, subdivision 1 authorizes the Commissioner of DHSES to
undertake a review and analysis of measures taken by chemical facility
owners and operators to secure the critical infrastructure related to
such facilities.

Subdivision 2 requires DHSES to prepare a list that identifies certain
toxic or hazardous substances and promulgate such list in regulation
in consultation with the Departments of Environmental Conservation and
Health and representatives of the chemical industry. Upon completion
of the list, DHSES is required to identify facilities, except
liquefied petroleum gas facilities, that pose a risk to the public
should there be an unauthorized release.

 LEGISLATIVE HISTORY :

Section 714 was enacted pursuant to Part C of Chapter 1 of the Laws of
2004

 STATEMENT IN SUPPORT :

Prior to the adoption of federal regulations, individual states were
left to address chemical facility security on an ad hoc basis and in
most states did not address it at all. In 2004, New York State enacted
section 714 to create a hazardous substance storage facility security
program to address chemical security issues within the State and, at
the time, there were very few programs after which to model the
program. In 2006, during DHSES process of establishing a chemical list
as required by section 714, the U.S. Department of Homeland Security
(DHS) was granted regulatory authority over chemical facilities
regarding facility security, through federal appropriations language.

In 2007, DHS established the Chemical Facility Anti-Terrorism
Standards (CFATS) program to, among other things, assess the risk
posed by chemical facilities and require high-risk facilities to
develop security plans. DHS is then required to review these plans and
inspect the facilities to ensure compliance with regulatory
requirements. DHS issued final chemical security regulations which
captured virtually the same chemicals that DHSES captured pursuant to
Section 714(2)(a) and included many of the same activities, except
they went further. Additionally, 6 CFR § 27.405 establishes that
states are now preempted from issuing any law, regulation or rule
which serves as an obstacle to, or frustrates the purpose of, federal
regulation of chemical facilities under CFATS. This has posed a
problem for DHSES to fully administer the hazardous substance storage
facility security program. Furthermore, this has caused a great deal
of confusion for the industry.

The primary distinction, however, is in the specific threshold
quantities captured under the CFATS regulations. For example, with
regard to anhydrous ammonia, CFATS is triggered when a facility stores
at least 10,000 pounds. DHSES would like to leverage the work of DHS
with the chemical industry to ensure that New York's security needs
are being met and potentially focus on lesser quantities and
concentrations that may pose a risk to the security of the State. By
removing the subdivision 2 requirements, DHSES anticipates a more
productive and less adversarial relationship with an already heavily
regulated industry. The dynamic and evolving nature of the threat has
validated a need to remain flexible in evaluating our critical
infrastructure. The proposed amendments would allow DHSES the
capability to adapt with the evolving threat while preserving the
Division's authority to assess the effectiveness of security and
maintaining oversight and reporting of federal, state, local and
private sector security programs.

Due to the sensitive nature of this report, any information contained
or used in preparation of the report should be considered exempt and
not made available pursuant to article six of the public officers law.
Without this protection the information held within the report could
be used to target a New York State chemical facility.

 BUDGET IMPLICATIONS :

None known.

 LOCAL IMPACT :

This proposal would have no known impact on local governments.

 EFFECTIVE DATE :
Immediately.

2015-S7199 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7199

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced  by  Sen.  CROCI  --  (at request of the Division of Homeland
  Security and Emergency Services) -- read twice  and  ordered  printed,
  and  when  printed to be committed to the Committee on Veterans, Home-
  land Security and Military Affairs

AN ACT to amend the executive law, in relation to chemical security

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 714 of the executive law, as amended by section 17
of part B of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  S  714.  Protection of critical infrastructure; storage facilities for
hazardous substances. 1. Notwithstanding any other provision of law  and
subject to the availability of an appropriation, the commissioner of the
division  of  homeland  security  and emergency services shall conduct a
review and analysis of SECURITY measures being taken by the  owners  and
operators  of facilities [identified pursuant to paragraph (b) of subdi-
vision two of this section to protect the security of  critical  infras-
tructure related to such facilities] THAT MANUFACTURE OR STORE CHEMICALS
WHICH,  IF AN UNAUTHORIZED RELEASE OCCURRED, COULD ENDANGER THE SECURITY
OF THE PUBLIC. The commissioner of the division of homeland security and
emergency services shall have the authority  to  review  all  audits  or
reports related to the security of such critical infrastructure, includ-
ing  all  such  audits  or  reports mandated by state and federal law or
regulation, including  spill  prevention  reports  and  risk  management
plans,  audits and reports conducted at the request of the department of
environmental conservation or at the request of any federal  entity,  or
any  other agency or authority of the state or any political subdivision
thereof, and reports prepared by owners and operators of such facilities
as required in this subdivision. The owners and operators of such facil-
ities shall, in compliance  with  any  federal  and  state  requirements
regarding  the  dissemination of such information, provide access to the
commissioner of the division of homeland security and emergency services
to such  audits  and  reports  regarding  such  critical  infrastructure
provided,  however,  exclusive  custody  and  control of such audits and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14297-01-6

S. 7199                             2

reports shall remain solely with the owners and operators of such facil-
ities to the extent  not  inconsistent  with  any  other  law.  For  the
purposes  of  this  section,  the term "critical infrastructure" has the
meaning  ascribed to that term in subdivision five of section eighty-six
of the public officers law.
  2. [To effectuate his or her duties pursuant to this section and iden-
tify risks to the public, the commissioner of the division  of  homeland
security and emergency services shall:
  (a)  within  six  months  of  the  effective  date of this section, in
consultation with the commissioner of  environmental  conservation,  the
commissioner  of health, and such representatives of the chemical indus-
try and higher education as may be  appropriate,  prepare  a  list  that
identifies  toxic  or hazardous substances, including but not limited to
those substances listed as hazardous to public  health,  safety  or  the
environment  in regulations promulgated pursuant to article thirty-seven
of the environmental conservation law, as well as those  substances  for
which the state possesses insufficient or limited toxicological informa-
tion  but for which there exists preliminary evidence that the substance
or the class of chemicals with similar physical and chemical  properties
to which it belongs has the potential to cause death, injury, or serious
adverse effects to human health or the environment, based on the severi-
ty of the threat posed to the public by the unauthorized release of such
substances.  Such list will be promulgated in accord with the provisions
of the state administrative procedure act;
  (b) upon completion of the list required pursuant to paragraph (a)  of
this  subdivision,  but no later than one hundred twenty days after such
date, in consultation with the commissioner of  environmental  conserva-
tion,  the commissioner of health and such representatives of the chemi-
cal industry and any state, local and  municipal  officials  as  may  be
appropriate,  identify facilities, including facilities regulated pursu-
ant to title nine and title eleven of article twenty-seven  and  article
forty  of  the  environmental conservation law, but excluding facilities
that hold liquified petroleum gas for fuel at retail sale  as  described
in  section  112(1)(4)(B)  of  the  Clean  Air  Act (42 U.S.C.   section
7412(r)(4)(b)) and those facilities that are defined as  "water  suppli-
ers"  in  subdivision  one  of section eleven hundred twenty-five of the
public health law, which because of their storage of or relationship  to
such substances identified pursuant to paragraph (a) of this subdivision
pose  risks to the public should an unauthorized release of such hazard-
ous substances occur; and
  (c) require such facilities identified pursuant to  paragraph  (b)  of
this  subdivision,  as  the  commissioner  so  determines,  to prepare a
vulnerability assessment of the security measures taken by such  facili-
ties  to  prevent  and  respond to the unauthorized release of hazardous
substances as may be stored therein, which assessments the  commissioner
of the division of homeland security and emergency services shall review
and  consider  in light of the seriousness of the risk posed and vulner-
ability of such facility and, where  appropriate,  make  recommendations
with respect thereto.
  3.]  (a)  On or before June first, two thousand five, the commissioner
of the division of homeland security and emergency services shall make a
preliminary report to the  governor,  the  temporary  president  of  the
senate,  the  speaker of the assembly, the commissioner of environmental
conservation, the commissioner of health and the chief executive officer
of any such affected facility or his or her designee, and on  or  before
December thirty-first, two thousand five, and not later than three years

S. 7199                             3

after  such  date,  and every five years thereafter, the commissioner of
the division of homeland security and emergency services shall report to
the governor, the temporary president of the senate, the speaker of  the
assembly,  the  commissioner  of environmental conservation, the commis-
sioner of health and the chief executive officer of  any  such  affected
facility  or  his or her designee. Such report shall review the security
measures being taken regarding critical infrastructure related  to  such
facilities,  assess  the  effectiveness thereof, and include recommenda-
tions to the legislature, the department of  environmental  conservation
or the department of health if the commissioner of the division of home-
land security and emergency services determines that additional measures
are required to be implemented.
  (b)  Before  the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop  confiden-
tiality  protocols  which shall be binding upon the recipient who issues
the protocols and anyone to whom the  recipient  shows  a  copy  of  the
report in consultation with the commissioner of the division of homeland
security  and  emergency  services,  for the maintenance and use of such
report so as to ensure the confidentiality of the report and all  infor-
mation  contained  therein, provided, however, that such protocols shall
not be binding upon a person who is provided access to  such  report  or
any  information  contained  therein [pursuant to section eighty-nine of
the public officers law after a final determination that access to  such
report or any information contained therein could not be denied pursuant
to  subdivision  two of section eighty-seven of the public officers law]
AND ANY INFORMATION CONTAINED OR USED IN ITS PREPARATION SHALL BE EXEMPT
AND NOT MADE AVAILABLE PURSUANT TO ARTICLE SIX OF  THE  PUBLIC  OFFICERS
LAW.  The commissioner of the division of homeland security and emergen-
cy  services  shall  also develop protocols for such division related to
the maintenance and use of such report so as to ensure the confidential-
ity of all sensitive information  contained  in  such  report.  On  each
report,  the commissioner of the division of homeland security and emer-
gency services shall prominently display the following statement:  "This
report may contain information that if disclosed could endanger the life
or  safety  of  the  public,  and  therefore,  pursuant to section seven
hundred eleven of the executive law, this report is to be maintained and
used in a manner consistent with protocols established to  preserve  the
confidentiality of the information contained herein in a manner consist-
ent with law."
  (c)  The  department  of  environmental  conservation  shall  have the
discretion to require that recommendations of the  commissioner  of  the
division  of  homeland security and emergency services be implemented by
any owner or operator of a  hazardous  substances  storage  facility  as
defined in this section.
  S 2. This act shall take effect immediately.

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Senate Bill S7199

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

2015-S7199 (ACTIVE) - Details

2015-S7199 (ACTIVE) - Summary

2015-S7199 (ACTIVE) - Sponsor Memo

2015-S7199 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

2015-S7199 (ACTIVE) - Details

2015-S7199 (ACTIVE) - Summary

2015-S7199 (ACTIVE) - Sponsor Memo

2015-S7199 (ACTIVE) - Bill Text download pdf

Comments