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S07601 Text:

                STATE OF NEW YORK
                    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

          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.

        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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