S T A T E   O F   N E W   Y O R K
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                                  8454

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law, in relation to directing the division
  of homeland security and emergency services to conduct  a  review  and
  analysis of security measures at rail yards

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

  Section 1. The executive law is amended by adding a new section 719 to
read as follows:
  S 719. PROTECTION OF CRITICAL INFRASTRUCTURE; RAIL YARDS. 1.  NOTWITH-
STANDING 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  MEASURES
BEING  TAKEN  BY  THE  OWNERS  AND OPERATORS OF RAIL YARDS FACILITIES TO
PROTECT THE SECURITY OF CRITICAL INFRASTRUCTURE RELATED TO SUCH  FACILI-
TIES. SUCH COMMISSIONER 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 ANY FEDERAL ENTI-
TY, 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  OPERA-
TORS  OF SUCH RAIL YARD FACILITIES SHALL, IN COMPLIANCE WITH ANY FEDERAL
AND STATE REQUIREMENTS REGARDING THE DISSEMINATION OF SUCH  INFORMATION,
PROVIDE  ACCESS TO THE COMMISSIONER 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 FACILITIES TO THE EXTENT NOT INCONSISTENT WITH ANY
OTHER LAW. FOR THE PURPOSES OF THIS  SECTION  "CRITICAL  INFRASTRUCTURE"

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03581-02-5

              

A. 8454                             2

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)  IDENTIFY  AND  PREPARE  A LIST OF ALL RAIL YARD FACILITIES IN THE
STATE;
  (B) IN CONSULTATION WITH THE COMMISSIONER OF  TRANSPORTATION  AND  ANY
STATE,  LOCAL  AND  MUNICIPAL  OFFICIALS AS MAY BE APPROPRIATE, IDENTIFY
RAIL YARD FACILITIES, WHICH BECAUSE OF THEIR STORAGE AND/OR  TRANSPORTA-
TION  OF,  OR  RELATIONSHIP  TO,  SUCH SUBSTANCES IDENTIFIED PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SEVEN  HUNDRED  FOURTEEN  OF
THIS  ARTICLE POSE RISKS TO THE PUBLIC SHOULD AN UNAUTHORIZED RELEASE OF
SUCH HAZARDOUS SUBSTANCES OCCUR; AND
  (C) REQUIRE SUCH RAIL YARD FACILITIES IDENTIFIED PURSUANT TO PARAGRAPH
(A) 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
SHALL  REVIEW AND CONSIDER IN LIGHT OF THE SERIOUSNESS OF THE RISK POSED
AND VULNERABILITY OF SUCH FACILITY AND, WHERE APPROPRIATE,  MAKE  RECOM-
MENDATIONS WITH RESPECT THERETO.
  3.  (A)  ON  OR BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN, THE COMMIS-
SIONER SHALL MAKE A PRELIMINARY REPORT TO THE  GOVERNOR,  THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER
OF TRANSPORTATION AND THE CHIEF EXECUTIVE OFFICER OF ANY  SUCH  AFFECTED
FACILITY OR HIS OR HER DESIGNEE, AND ON OR BEFORE DECEMBER THIRTY-FIRST,
TWO  THOUSAND SEVENTEEN, AND NOT LATER THAN THREE YEARS AFTER SUCH DATE,
AND EVERY FIVE YEARS THEREAFTER, THE COMMISSIONER SHALL  REPORT  TO  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE COMMISSIONER OF TRANSPORTATION  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 RAIL YARD FACILITIES, ASSESS THE EFFECTIVENESS
THEREOF, AND INCLUDE RECOMMENDATIONS TO THE LEGISLATURE AND THE  DEPART-
MENT  OF  TRANSPORTATION  IF THE COMMISSIONER 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, FOR  THE  MAINTENANCE  AND
USE OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND
ALL  INFORMATION  CONTAINED THEREIN, PROVIDED, HOWEVER, THAT SUCH PROTO-
COLS 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  OFFI-
CERS LAW. THE COMMISSIONER SHALL ALSO DEVELOP PROTOCOLS FOR THE DIVISION
OF  HOMELAND  SECURITY AND EMERGENCY SERVICES RELATED TO THE MAINTENANCE
AND USE OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF ALL SENSI-
TIVE INFORMATION CONTAINED IN SUCH REPORT. ON EACH REPORT,  THE  COMMIS-
SIONER  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

A. 8454                             3

ELEVEN OF THE EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED AND USED IN
A MANNER CONSISTENT  WITH PROTOCOLS ESTABLISHED TO PRESERVE  THE  CONFI-
DENTIALITY  OF  THE  INFORMATION CONTAINED HEREIN IN A MANNER CONSISTENT
WITH LAW."
  (C)  THE  DEPARTMENTS OF TRANSPORTATION AND ENVIRONMENTAL CONSERVATION
SHALL HAVE THE DISCRETION TO REQUIRE THAT RECOMMENDATIONS OF THE COMMIS-
SIONER BE IMPLEMENTED BY ANY OWNER OR OPERATOR OF A RAIL YARD FACILITY.
  S 2. This act shall take effect immediately.