S T A T E   O F   N E W   Y O R K
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                                  10261

                          I N  A S S E M B L Y

                              May 18, 2016
                               ___________

Introduced  by M. of A. PEOPLES-STOKES -- (at request of the Division of
  Homeland Security and Emergency Services) -- read once and referred to
  the Committee on Governmental Operations

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
reports shall remain solely with the owners and operators of such facil-

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

                                                           LBD14297-01-6

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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
after such date, and every five years thereafter,  the  commissioner  of

A. 10261                            3

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.