S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    377
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law and the public health 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. Section 711-b of the executive law, as added by  a  chapter
 of  the  laws of 2016 amending the executive law and other laws relating
 to the protection of water supplies, as proposed  in  legislative  bills
 numbers S.7601 and A.10129, is amended to read as follows:
   §  711-b. Review of water supplier vulnerability analysis assessments.
 The commissioner, OR HIS OR HER DESIGNEE, shall review each vulnerabili-
 ty analysis assessment [from] PREPARED BY a water supplier  [transmitted
 to the division from the department of health] pursuant to section elev-
 en  hundred  twenty-five  of the public health law. The commissioner may
 issue recommendations or general guidance to the water supplier based on
 the assessment to enhance protections  against  a  terrorist  attack  or
 cyber  attack. Such recommendations and guidance shall be kept confiden-
 tial and shall be exempt from disclosure under article six of the public
 officers law.
   § 2. Paragraph (a) of subdivision 1 of  section  1125  of  the  public
 health  law,  as  amended  by a chapter of the laws of 2016 amending the
 executive law and  other  laws  relating  to  the  protection  of  water
 supplies,  as  proposed in legislative bills numbers S.7601 and A.10129,
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07087-01-7

 A. 377                              2
 
 ations.  The department shall maintain a list  of  all  water  suppliers
 required to [file] SUBMIT a water supply emergency plan pursuant to this
 section.
   §  3.  Paragraph  (k)  of  subdivision 2 of section 1125 of the public
 health law, as amended by a chapter of the laws  of  2016  amending  the
 executive  law  and  other  laws  relating  to  the  protection of water
 supplies, as proposed in legislative bills numbers S.7601  and  A.10129,
 is amended to read as follows.
   (k)  a  vulnerability  analysis  assessment,  including an analysis of
 vulnerability to terrorist attack[, including] AND cyber  attack,  which
 shall  be  made  after consultation with local and state law enforcement
 agencies.
   § 4. Subdivision 5 of section  1125  of  the  public  health  law,  as
 amended  by a chapter of the laws of 2016 amending the executive law and
 other laws relating to the protection of water supplies, as proposed  in
 legislative  bills  numbers  S.7601  and  A.10129, is 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]  AND  cyber  attack,
 shall  INITIATE  SUCH AN ANALYSIS BY JUNE FIRST, TWO THOUSAND SEVENTEEN,
 AND SHALL revise its emergency plan  and  report  its  findings  to  the
 commissioner by January first, two thousand [seventeen] EIGHTEEN.  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
 infrastructure changes have been made. The commissioner shall [transmit]
 MAKE AVAILABLE FOR REVIEW, FOLLOWING ESTABLISHED SECURITY  PROTOCOLS,  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.
   §  5.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2016 amending the executive  law  and
 other  laws relating to the protection of water supplies, as proposed in
 legislative bills numbers S.7601 and A.10129, takes effect.