S07601 Summary:

BILL NOS07601
 
SAME ASSAME AS A10129
 
SPONSORKLEIN
 
COSPNSR
 
MLTSPNSR
 
Add §711-b, Exec L; amd §1125, Pub Health L; amd §15-0507, En Con L
 
Provides for enhanced protection of water supplies from and emergency planning for terrorism and cyber terrorism attacks.
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S07601 Actions:

BILL NOS07601
 
05/11/2016REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
05/23/2016REPORTED AND COMMITTED TO FINANCE
06/02/20161ST REPORT CAL.1400
06/06/20162ND REPORT CAL.
06/07/2016ADVANCED TO THIRD READING
06/09/2016PASSED SENATE
06/09/2016DELIVERED TO ASSEMBLY
06/09/2016referred to ways and means
06/16/2016substituted for a10129
06/16/2016ordered to third reading rules cal.503
06/16/2016passed assembly
06/16/2016returned to senate
12/20/2016DELIVERED TO GOVERNOR
12/31/2016APPROVAL MEMO.32
12/31/2016SIGNED CHAP.516
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S07601 Committee Votes:

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S07601 Floor Votes:

DATE:06/16/2016Assembly Vote  YEA/NAY: 140/0
Yes
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
Yes
Palumbo
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Gunther
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
Yes
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Bronson
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Friend
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
ER
Gantt
Yes
Kolb
Yes
Nojay
Yes
Saladino
Yes
Woerner
Yes
Cancel
Yes
Garbarino
Yes
Lalor
Yes
Nolan
Yes
Santabarbara
ER
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
Yes
Schimel
ER
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Corwin
Yes
Goodell
Yes
Linares
Yes
Palmesano
Yes
Simanowitz

‡ Indicates voting via videoconference
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S07601 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7601
 
                    IN SENATE
 
                                      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:
 
     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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14903-02-6

        S. 7601                             2
 
     1    (k) a vulnerability analysis  assessment,  including  an  analysis  of
     2  vulnerability  to  terrorist attack, including cyber attack, which shall
     3  be made after consultation with local and state  law  enforcement  agen-
     4  cies.
     5    §  4.  Subdivisions  5 and 8 of section 1125 of the public health law,
     6  subdivision 5 as amended and subdivision 8 as added by  chapter  317  of
     7  the laws of 2007, are amended to read as follows:
     8    5.  Every  water  supplier  shall review, and if necessary, revise its
     9  water supply emergency plan and report its findings to the  commissioner
    10  by  December  thirty-first,  nineteen  hundred  ninety-five.  Any  water
    11  supplier whose water supply emergency plan does not include an  analysis
    12  of  vulnerability  to  terrorist  attack,  including cyber attack, shall
    13  revise its emergency plan and report its findings to the commissioner by
    14  January first, two thousand  [three]  seventeen.  Every  water  supplier
    15  shall  keep  its  water  supply emergency plan up to date, shall provide
    16  updated communication and notification information to  the  commissioner
    17  by  December  thirty-first  of  every  year,  and shall submit its water
    18  supply emergency plan to the commissioner for review at least once every
    19  five years and within thirty days after major water facility infrastruc-
    20  ture changes have been made. The commissioner shall transmit a  copy  of
    21  each  vulnerability  analysis  assessment  from  a water supplier to the
    22  superintendent of state police, commissioner of the division of homeland
    23  security and emergency services, and chief technology officer.
    24    8. The commissioner, superintendent of state police,  commissioner  of
    25  the  division  of  homeland  security  and emergency services, and chief
    26  technology officer shall keep confidential: (a) all vulnerability analy-
    27  sis assessments and all  information  derived  therefrom;  and  (b)  all
    28  information  determined  by  a water supplier to pose a security risk to
    29  the operation of a water supply system. Such assessments and information
    30  shall be exempt from disclosure under article six of the public officers
    31  law. A person who, without authorization, discloses any such  assessment
    32  or  information to another person who has not been authorized to receive
    33  such assessment or information is guilty of a class A misdemeanor.
    34    § 5. Subdivisions 6, 7 and 8 of section 1125 of the public health  law
    35  are  renumbered subdivisions 7, 8 and 9 and a new subdivision 6 is added
    36  to read as follows:
    37    6. (a) The commissioner or a  county  health  department  may  provide
    38  guidance and assistance to community water systems on conducting vulner-
    39  ability assessments, preparing water supply emergency plans and address-
    40  ing threats from terrorist attacks, including cyber attacks, designed to
    41  disrupt the provision of safe drinking water or significantly affect the
    42  public  health, or significantly affect the safety or supply of drinking
    43  water provided to communities or individuals.
    44    (b) A community water system, that is not a water supplier, may  elect
    45  to  complete  a water supply emergency plan. Such community water system
    46  may elect to submit the plan to the commissioner for approval. In such a
    47  case, the commissioner shall subject the plan to such  approval  process
    48  as described in paragraph (a) of subdivision one of this section.
    49    §  6.  Subdivision 1 of section 15-0507 of the environmental conserva-
    50  tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
    51  read as follows:
    52    1.  Any  owner of a dam or other structure which impounds waters shall
    53  at all times operate and maintain said  structure  and  all  appurtenant
    54  structures  in  a  safe  condition.  As used in this section and section
    55  71-1109 of this chapter, "owner" means any person or local public corpo-
    56  ration who owns, erects, reconstructs, repairs, maintains or uses a  dam

        S. 7601                             3
 
     1  or  other  structure which impounds waters. The commissioner may promul-
     2  gate regulations requiring any owner to prepare and implement  a  safety
     3  program  for such dam or structure as necessary to safeguard life, prop-
     4  erty  or natural resources. Regulations governing the safety program may
     5  include requirements for inspections, monitoring, maintenance and opera-
     6  tion, emergency action planning, response and  prevention  of  terrorism
     7  and  cyber terrorism, financial security, recordkeeping and reporting or
     8  any other requirement the  commissioner  deems  necessary  to  safeguard
     9  life,  property  or natural resources. Such requirement shall only apply
    10  to those dams or other structures that impound waters which pose, in the
    11  event of failure, a threat  of  personal  injury,  substantial  property
    12  damage or substantial natural resource damage.
    13    § 7. This act shall take effect immediately.
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