Relates to a review of chemical security measures being taken by owners and operators of facilities that manufacture or store chemicals which could endanger the security of the public if unauthorized release occurred.
STATE OF NEW YORK
________________________________________________________________________
7199
IN SENATE
April 6, 2016
___________
Introduced by Sen. CROCI -- (at request of the Division of Homeland
Security and Emergency Services) -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military Affairs
AN ACT to amend the executive law, in relation to chemical security
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 714 of the executive law, as amended by section 17
2 of part B of chapter 56 of the laws of 2010, is amended to read as
3 follows:
4 § 714. Protection of critical infrastructure; storage facilities for
5 hazardous substances. 1. Notwithstanding any other provision of law and
6 subject to the availability of an appropriation, the commissioner of the
7 division of homeland security and emergency services shall conduct a
8 review and analysis of security measures being taken by the owners and
9 operators of facilities [identified pursuant to paragraph (b) of subdi-
10 vision two of this section to protect the security of critical infras-
11 tructure related to such facilities] that manufacture or store chemicals
12 which, if an unauthorized release occurred, could endanger the security
13 of the public. The commissioner of the division of homeland security and
14 emergency services shall have the authority to review all audits or
15 reports related to the security of such critical infrastructure, includ-
16 ing all such audits or reports mandated by state and federal law or
17 regulation, including spill prevention reports and risk management
18 plans, audits and reports conducted at the request of the department of
19 environmental conservation or at the request of any federal entity, or
20 any other agency or authority of the state or any political subdivision
21 thereof, and reports prepared by owners and operators of such facilities
22 as required in this subdivision. The owners and operators of such facil-
23 ities shall, in compliance with any federal and state requirements
24 regarding the dissemination of such information, provide access to the
25 commissioner of the division of homeland security and emergency services
26 to such audits and reports regarding such critical infrastructure
27 provided, however, exclusive custody and control of such audits and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14297-01-6
S. 7199 2
1 reports shall remain solely with the owners and operators of such facil-
2 ities to the extent not inconsistent with any other law. For the
3 purposes of this section, the term "critical infrastructure" has the
4 meaning ascribed to that term in subdivision five of section eighty-six
5 of the public officers law.
6 2. [To effectuate his or her duties pursuant to this section and iden-
7 tify risks to the public, the commissioner of the division of homeland
8 security and emergency services shall:
9 (a) within six months of the effective date of this section, in
10 consultation with the commissioner of environmental conservation, the
11 commissioner of health, and such representatives of the chemical indus-
12 try and higher education as may be appropriate, prepare a list that
13 identifies toxic or hazardous substances, including but not limited to
14 those substances listed as hazardous to public health, safety or the
15 environment in regulations promulgated pursuant to article thirty-seven
16 of the environmental conservation law, as well as those substances for
17 which the state possesses insufficient or limited toxicological informa-
18 tion but for which there exists preliminary evidence that the substance
19 or the class of chemicals with similar physical and chemical properties
20 to which it belongs has the potential to cause death, injury, or serious
21 adverse effects to human health or the environment, based on the severi-
22 ty of the threat posed to the public by the unauthorized release of such
23 substances. Such list will be promulgated in accord with the provisions
24 of the state administrative procedure act;
25 (b) upon completion of the list required pursuant to paragraph (a) of
26 this subdivision, but no later than one hundred twenty days after such
27 date, in consultation with the commissioner of environmental conserva-
28 tion, the commissioner of health and such representatives of the chemi-
29 cal industry and any state, local and municipal officials as may be
30 appropriate, identify facilities, including facilities regulated pursu-
31 ant to title nine and title eleven of article twenty-seven and article
32 forty of the environmental conservation law, but excluding facilities
33 that hold liquified petroleum gas for fuel at retail sale as described
34 in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C. section
35 7412(r)(4)(b)) and those facilities that are defined as "water suppli-
36 ers" in subdivision one of section eleven hundred twenty-five of the
37 public health law, which because of their storage of or relationship to
38 such substances identified pursuant to paragraph (a) of this subdivision
39 pose risks to the public should an unauthorized release of such hazard-
40 ous substances occur; and
41 (c) require such facilities identified pursuant to paragraph (b) of
42 this subdivision, as the commissioner so determines, to prepare a
43 vulnerability assessment of the security measures taken by such facili-
44 ties to prevent and respond to the unauthorized release of hazardous
45 substances as may be stored therein, which assessments the commissioner
46 of the division of homeland security and emergency services shall review
47 and consider in light of the seriousness of the risk posed and vulner-
48 ability of such facility and, where appropriate, make recommendations
49 with respect thereto.
50 3.] (a) On or before June first, two thousand five, the commissioner
51 of the division of homeland security and emergency services shall make a
52 preliminary report to the governor, the temporary president of the
53 senate, the speaker of the assembly, the commissioner of environmental
54 conservation, the commissioner of health and the chief executive officer
55 of any such affected facility or his or her designee, and on or before
56 December thirty-first, two thousand five, and not later than three years
S. 7199 3
1 after such date, and every five years thereafter, the commissioner of
2 the division of homeland security and emergency services shall report to
3 the governor, the temporary president of the senate, the speaker of the
4 assembly, the commissioner of environmental conservation, the commis-
5 sioner of health and the chief executive officer of any such affected
6 facility or his or her designee. Such report shall review the security
7 measures being taken regarding critical infrastructure related to such
8 facilities, assess the effectiveness thereof, and include recommenda-
9 tions to the legislature, the department of environmental conservation
10 or the department of health if the commissioner of the division of home-
11 land security and emergency services determines that additional measures
12 are required to be implemented.
13 (b) Before the receipt of such report identified in paragraph (a) of
14 this subdivision, each recipient of such report shall develop confiden-
15 tiality protocols which shall be binding upon the recipient who issues
16 the protocols and anyone to whom the recipient shows a copy of the
17 report in consultation with the commissioner of the division of homeland
18 security and emergency services, for the maintenance and use of such
19 report so as to ensure the confidentiality of the report and all infor-
20 mation contained therein, provided, however, that such protocols shall
21 not be binding upon a person who is provided access to such report or
22 any information contained therein [pursuant to section eighty-nine of
23 the public officers law after a final determination that access to such
24 report or any information contained therein could not be denied pursuant
25 to subdivision two of section eighty-seven of the public officers law]
26 and any information contained or used in its preparation shall be exempt
27 and not made available pursuant to article six of the public officers
28 law. The commissioner of the division of homeland security and emergen-
29 cy services shall also develop protocols for such division related to
30 the maintenance and use of such report so as to ensure the confidential-
31 ity of all sensitive information contained in such report. On each
32 report, the commissioner of the division of homeland security and emer-
33 gency services shall prominently display the following statement: "This
34 report may contain information that if disclosed could endanger the life
35 or safety of the public, and therefore, pursuant to section seven
36 hundred eleven of the executive law, this report is to be maintained and
37 used in a manner consistent with protocols established to preserve the
38 confidentiality of the information contained herein in a manner consist-
39 ent with law."
40 (c) The department of environmental conservation shall have the
41 discretion to require that recommendations of the commissioner of the
42 division of homeland security and emergency services be implemented by
43 any owner or operator of a hazardous substances storage facility as
44 defined in this section.
45 § 2. This act shall take effect immediately.
