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

                                  7601

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, the public health law and  the  envi-
  ronmental  conservation  law,  in  relation to the protection of water
  supplies

  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 711-b
to read as follows:
  S  711-B. REVIEW OF WATER SUPPLIER VULNERABILITY ANALYSIS ASSESSMENTS.
THE COMMISSIONER SHALL REVIEW  EACH  VULNERABILITY  ANALYSIS  ASSESSMENT
FROM A WATER SUPPLIER TRANSMITTED TO THE DIVISION FROM THE DEPARTMENT OF
HEALTH  PURSUANT  TO  SECTION  ELEVEN  HUNDRED TWENTY-FIVE OF THE PUBLIC
HEALTH LAW. THE COMMISSIONER MAY ISSUE RECOMMENDATIONS OR GENERAL  GUID-
ANCE   TO  THE  WATER  SUPPLIER  BASED  ON  THE  ASSESSMENT  TO  ENHANCE
PROTECTIONS AGAINST A TERRORIST ATTACK OR CYBER ATTACK. SUCH RECOMMENDA-
TIONS AND GUIDANCE SHALL BE KEPT CONFIDENTIAL AND SHALL BE  EXEMPT  FROM
DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S  2.  Paragraph  (a)  of  subdivision 1 of section 1125 of the public
health law, as amended by chapter 405 of the laws of 2002, is amended to
read as follows:
  (a) "Water supply emergency plan"  shall  mean  a  plan  REVIEWED  AND
approved  by  the  commissioner  and filed with the department. The plan
shall follow a form which shall be specified by the department and which
shall include, but not be limited to, those  items  enumerated  in  this
section, and shall address those actions to be taken by a water supplier
to  anticipate  emergencies  and  respond responsibly to emergency situ-
ations.  THE DEPARTMENT SHALL MAINTAIN A LIST  OF  ALL  WATER  SUPPLIERS
REQUIRED TO FILE A WATER SUPPLY EMERGENCY PLAN PURSUANT TO THIS SECTION.
  S  3.  Paragraph  (k)  of  subdivision 2 of section 1125 of the public
health law, as amended by chapter 405 of the laws of 2002, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14903-02-6
              

S. 7601                             2

  (k) a vulnerability analysis  assessment,  including  an  analysis  of
vulnerability  to  terrorist attack, INCLUDING CYBER ATTACK, which shall
be made after consultation with local and state  law  enforcement  agen-
cies.
  S  4.  Subdivisions  5 and 8 of section 1125 of the public health law,
subdivision 5 as amended and subdivision 8 as added by  chapter  317  of
the laws of 2007, are amended to read as follows:
  5.  Every  water  supplier  shall review, and if necessary, revise its
water supply emergency plan and report its findings to the  commissioner
by  December  thirty-first,  nineteen  hundred  ninety-five.  Any  water
supplier whose water supply emergency plan does not include an  analysis
of  vulnerability  to  terrorist  attack,  INCLUDING CYBER ATTACK, shall
revise its emergency plan and report its findings to the commissioner by
January first, two thousand  [three]  SEVENTEEN.  Every  water  supplier
shall  keep  its  water  supply emergency plan up to date, shall provide
updated communication and notification information to  the  commissioner
by  December  thirty-first  of  every  year,  and shall submit its water
supply emergency plan to the commissioner for review at least once every
five years and within thirty days after major water facility infrastruc-
ture changes have been made. THE COMMISSIONER SHALL TRANSMIT A  COPY  OF
EACH  VULNERABILITY  ANALYSIS  ASSESSMENT  FROM  A WATER SUPPLIER TO THE
SUPERINTENDENT OF STATE POLICE, COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, AND CHIEF TECHNOLOGY OFFICER.
  8. The commissioner, SUPERINTENDENT OF STATE POLICE,  COMMISSIONER  OF
THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES, AND CHIEF
TECHNOLOGY OFFICER shall keep confidential: (a) all vulnerability analy-
sis assessments and all  information  derived  therefrom;  and  (b)  all
information  determined  by  a water supplier to pose a security risk to
the operation of a water supply system. Such assessments and information
shall be exempt from disclosure under article six of the public officers
law. A person who, without authorization, discloses any such  assessment
or  information to another person who has not been authorized to receive
such assessment or information is guilty of a class A misdemeanor.
  S 5. Subdivisions 6, 7 and 8 of section 1125 of the public health  law
are  renumbered subdivisions 7, 8 and 9 and a new subdivision 6 is added
to read as follows:
  6. (A) THE COMMISSIONER OR A  COUNTY  HEALTH  DEPARTMENT  MAY  PROVIDE
GUIDANCE AND ASSISTANCE TO COMMUNITY WATER SYSTEMS ON CONDUCTING VULNER-
ABILITY ASSESSMENTS, PREPARING WATER SUPPLY EMERGENCY PLANS AND ADDRESS-
ING THREATS FROM TERRORIST ATTACKS, INCLUDING CYBER ATTACKS, DESIGNED TO
DISRUPT THE PROVISION OF SAFE DRINKING WATER OR SIGNIFICANTLY AFFECT THE
PUBLIC  HEALTH, OR SIGNIFICANTLY AFFECT THE SAFETY OR SUPPLY OF DRINKING
WATER PROVIDED TO COMMUNITIES OR INDIVIDUALS.
  (B) A COMMUNITY WATER SYSTEM, THAT IS NOT A WATER SUPPLIER, MAY  ELECT
TO  COMPLETE  A WATER SUPPLY EMERGENCY PLAN. SUCH COMMUNITY WATER SYSTEM
MAY ELECT TO SUBMIT THE PLAN TO THE COMMISSIONER FOR APPROVAL. IN SUCH A
CASE, THE COMMISSIONER SHALL SUBJECT THE PLAN TO SUCH  APPROVAL  PROCESS
AS DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
  S  6.  Subdivision 1 of section 15-0507 of the environmental conserva-
tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
read as follows:
  1.  Any  owner of a dam or other structure which impounds waters shall
at all times operate and maintain said  structure  and  all  appurtenant
structures  in  a  safe  condition.  As used in this section and section
71-1109 of this chapter, "owner" means any person or local public corpo-
ration who owns, erects, reconstructs, repairs, maintains or uses a  dam

S. 7601                             3

or  other  structure which impounds waters. The commissioner may promul-
gate regulations requiring any owner to prepare and implement  a  safety
program  for such dam or structure as necessary to safeguard life, prop-
erty  or natural resources. Regulations governing the safety program may
include requirements for inspections, monitoring, maintenance and opera-
tion, emergency action planning, RESPONSE AND  PREVENTION  OF  TERRORISM
AND  CYBER TERRORISM, financial security, recordkeeping and reporting or
any other requirement the  commissioner  deems  necessary  to  safeguard
life,  property  or natural resources. Such requirement shall only apply
to those dams or other structures that impound waters which pose, in the
event of failure, a threat  of  personal  injury,  substantial  property
damage or substantial natural resource damage.
  S 7. This act shall take effect immediately.