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A10129 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      May 12, 2016
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Governmental Operations
        AN  ACT  to amend the executive law, the public health law and the envi-
          ronmental conservation law, in relation to  the  protection  of  water
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  The executive law is amended by adding a new section 711-b
     2  to read as follows:
     3    § 711-b. Review of water supplier vulnerability analysis  assessments.
     4  The  commissioner  shall  review  each vulnerability analysis assessment
     5  from a water supplier transmitted to the division from the department of
     6  health pursuant to section eleven  hundred  twenty-five  of  the  public
     7  health  law. The commissioner may issue recommendations or general guid-
     8  ance  to  the  water  supplier  based  on  the  assessment  to   enhance
     9  protections against a terrorist attack or cyber attack. Such recommenda-
    10  tions  and  guidance shall be kept confidential and shall be exempt from
    11  disclosure under article six of the public officers law.
    12    § 2. Paragraph (a) of subdivision 1 of  section  1125  of  the  public
    13  health law, as amended by chapter 405 of the laws of 2002, is amended to
    14  read as follows:
    15    (a)  "Water  supply  emergency  plan"  shall  mean a plan reviewed and
    16  approved by the commissioner and filed with  the  department.  The  plan
    17  shall follow a form which shall be specified by the department and which
    18  shall  include,  but  not  be limited to, those items enumerated in this
    19  section, and shall address those actions to be taken by a water supplier
    20  to anticipate emergencies and respond  responsibly  to  emergency  situ-
    21  ations.    The  department  shall maintain a list of all water suppliers
    22  required to file a water supply emergency plan pursuant to this section.
    23    § 3. Paragraph (k) of subdivision 2 of  section  1125  of  the  public
    24  health law, as amended by chapter 405 of the laws of 2002, is amended to
    25  read as follows:
    26    (k)  a  vulnerability  analysis  assessment,  including an analysis of
    27  vulnerability to terrorist attack, including cyber attack,  which  shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10129                            2
     1  be  made  after  consultation with local and state law enforcement agen-
     2  cies.
     3    §  4.  Subdivisions  5 and 8 of section 1125 of the public health law,
     4  subdivision 5 as amended and subdivision 8 as added by  chapter  317  of
     5  the laws of 2007, are amended to read as follows:
     6    5.  Every  water  supplier  shall review, and if necessary, revise its
     7  water supply emergency plan and report its findings to the  commissioner
     8  by  December  thirty-first,  nineteen  hundred  ninety-five.  Any  water
     9  supplier whose water supply emergency plan does not include an  analysis
    10  of  vulnerability  to  terrorist  attack,  including cyber attack, shall
    11  revise its emergency plan and report its findings to the commissioner by
    12  January first, two thousand  [three]  seventeen.  Every  water  supplier
    13  shall  keep  its  water  supply emergency plan up to date, shall provide
    14  updated communication and notification information to  the  commissioner
    15  by  December  thirty-first  of  every  year,  and shall submit its water
    16  supply emergency plan to the commissioner for review at least once every
    17  five years and within thirty days after major water facility infrastruc-
    18  ture changes have been made. The commissioner shall transmit a  copy  of
    19  each  vulnerability  analysis  assessment  from  a water supplier to the
    20  superintendent of state police, commissioner of the division of homeland
    21  security and emergency services, and chief technology officer.
    22    8. The commissioner, superintendent of state police,  commissioner  of
    23  the  division  of  homeland  security  and emergency services, and chief
    24  technology officer shall keep confidential: (a) all vulnerability analy-
    25  sis assessments and all  information  derived  therefrom;  and  (b)  all
    26  information  determined  by  a water supplier to pose a security risk to
    27  the operation of a water supply system. Such assessments and information
    28  shall be exempt from disclosure under article six of the public officers
    29  law. A person who, without authorization, discloses any such  assessment
    30  or  information to another person who has not been authorized to receive
    31  such assessment or information is guilty of a class A misdemeanor.
    32    § 5. Subdivisions 6, 7 and 8 of section 1125 of the public health  law
    33  are  renumbered subdivisions 7, 8 and 9 and a new subdivision 6 is added
    34  to read as follows:
    35    6. (a) The commissioner or a  county  health  department  may  provide
    36  guidance and assistance to community water systems on conducting vulner-
    37  ability assessments, preparing water supply emergency plans and address-
    38  ing threats from terrorist attacks, including cyber attacks, designed to
    39  disrupt the provision of safe drinking water or significantly affect the
    40  public  health, or significantly affect the safety or supply of drinking
    41  water provided to communities or individuals.
    42    (b) A community water system, that is not a water supplier, may  elect
    43  to  complete  a water supply emergency plan. Such community water system
    44  may elect to submit the plan to the commissioner for approval. In such a
    45  case, the commissioner shall subject the plan to such  approval  process
    46  as described in paragraph (a) of subdivision one of this section.
    47    §  6.  Subdivision 1 of section 15-0507 of the environmental conserva-
    48  tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
    49  read as follows:
    50    1.  Any  owner of a dam or other structure which impounds waters shall
    51  at all times operate and maintain said  structure  and  all  appurtenant
    52  structures  in  a  safe  condition.  As used in this section and section
    53  71-1109 of this chapter, "owner" means any person or local public corpo-
    54  ration who owns, erects, reconstructs, repairs, maintains or uses a  dam
    55  or  other  structure which impounds waters. The commissioner may promul-
    56  gate regulations requiring any owner to prepare and implement  a  safety

        A. 10129                            3
     1  program  for such dam or structure as necessary to safeguard life, prop-
     2  erty or natural resources. Regulations governing the safety program  may
     3  include requirements for inspections, monitoring, maintenance and opera-
     4  tion,  emergency  action  planning, response and prevention of terrorism
     5  and cyber terrorism, financial security, recordkeeping and reporting  or
     6  any  other  requirement  the  commissioner  deems necessary to safeguard
     7  life, property or natural resources. Such requirement shall  only  apply
     8  to those dams or other structures that impound waters which pose, in the
     9  event  of  failure,  a  threat  of personal injury, substantial property
    10  damage or substantial natural resource damage.
    11    § 7. This act shall take effect immediately.
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