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

                                  3133

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A.  CORWIN, BARCLAY, McLAUGHLIN -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04581-01-5

              

A. 3133                             2

  (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;
  (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.