NY State Senate Bill 2015-S7601

Senate Bill S7601

Signed By Governor

2015-2016 Legislative Session

Provides for enhanced protection of water supplies from terrorism and cyber terrorism attacks

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 31, 2016	signed chap.516 approval memo.32
Dec 20, 2016	delivered to governor
Jun 16, 2016	returned to senate passed assembly ordered to third reading rules cal.503 substituted for a10129
Jun 09, 2016	referred to ways and means delivered to assembly passed senate
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal.
Jun 02, 2016	1st report cal.1400
May 23, 2016	reported and committed to finance
May 11, 2016	referred to veterans, homeland security and military affairs

Votes

- Jun 9, 2016 - Floor Vote
  S7601
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Panepinto
  May 23, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
  S7601
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: May 23, 2016
      
      aye (13)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Felder
      
      Golden
      
      Kaminsky
      
      Larkin
      
      Marchione
      
      Ortt
      
      Sanders Jr.
      
      Serrano
  Jun 2, 2016 - Finance Committee Vote
  S7601
  
  33
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 2, 2016
      
      aye (33)
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Dilan
      
      Espaillat
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Gallivan
      
      LaValle
      
      Seward
      
      excused (1)
      
      Diaz

2015-S7601 (ACTIVE) - Details

See Assembly Version of this Bill:: A10129
Law Section:: Executive Law
Laws Affected:: Add §711-b, Exec L; amd §1125, Pub Health L; amd §15-0507, En Con L

2015-S7601 (ACTIVE) - Summary

Provides for enhanced protection of water supplies from and emergency planning for terrorism and cyber terrorism attacks.

2015-S7601 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7601

 TITLE OF BILL :  An act to amend the executive law, the public health
law and the environmental conservation law, in relation to the
protection of water supplies

 PURPOSE OR GENERAL IDEA OF BILL :

To enhance public safety by requiring drink water suppliers to submit
a vulnerability assessment analysis relating to cyber terrorism

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new section 711-b to the Executive Law to
require the Commissioner of Homeland Security & Emergency Management
to review each vulnerability analysis assessment from a water supplier
sent to the Division. The Commissioner can also issue recommendations
or general guidance to water suppliers based on the Division's review
of the assessments.

Section 2 of the bill amends section 1125 of the public health law
related to water supply emergency plans, to require the Department of
Health to maintain a list of all water suppliers required to file
emergency plans pursuant to existing law.

Section 3 of the bill amends section 1125 of the public health law to

include an analysis of cyber attack within the water supplier's
vulnerability analysis assessment submitted to the Department of
Health.

Section 4 of the bill amends section 1125 of the public health law to
require water suppliers to revise their emergency plan by January 1,
2017 to include an analysis of risk of cyber attack. The Commissioner
of Health must transmit a copy of each vulnerability analysis
assessment to the Superintendent of State Police.

Section 5 of the bill amends section 1125 of the public health law to
allow the Commissioner of Health or a county health department to
provide guidance and support to community water systems on conducting
vulnerability analysis assessments. Community water systems that are
not already required to submit vulnerability analysis assessments
would be given the option of submitting such an assessment

Section 6 of the bill amends section 15-0507 of the environmental
conservation law to authorize the Commissioner of Environmental
Conservation to promulgate regulations related to response and
prevention of terrorism and cyber terrorism by dam owners.

Section 7 of the bill states that this Act shall take effect
immediately.

 JUSTIFICATION :

In March of 2016, federal prosecutors unsealed an indictment against
seven Iranian hackers who attempted to gain access to the Bowman
Avenue Dam in Rye, New York in 2013, as well as banks, the Nasdaq, and
New York Stock Exchange. One of the hackers attempted to gain access
to the dam's supervisory control and data acquisition system related
to water levels, water temperature, and water flow. With operators of
dams and drinking water systems computerizing much of their system
functions, the state of New York must remain vigilant in obtaining and
sharing information related to cyber threats and terrorist attacks
against critical infrastructure.

In 2002, legislation was passed requiring drinking water suppliers to
submit every five years an analysis of vulnerability to a terrorist
attack. This bill would update that chapter to require the analysis to
also include vulnerability to a cyber attack. Further, the bill
enhances information sharing within state government related to
possible terrorist or cyber terror attack by requiring this
vulnerability assessment to be shared with state police and the
department of homeland security and emergency management.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

none to the state

 EFFECTIVE DATE :
Immediately

2015-S7601 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7601

                            I N  S E N A T E

                              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:

  Section 1.  The executive law is amended by adding a new section 711-b
to read as follows:
  S  711-B. REVIEW OF WATER SUPPLIER VULNERABILITY ANALYSIS ASSESSMENTS.
THE COMMISSIONER SHALL REVIEW  EACH  VULNERABILITY  ANALYSIS  ASSESSMENT
FROM A WATER SUPPLIER TRANSMITTED TO THE DIVISION FROM THE DEPARTMENT OF
HEALTH  PURSUANT  TO  SECTION  ELEVEN  HUNDRED TWENTY-FIVE OF THE PUBLIC
HEALTH LAW. THE COMMISSIONER MAY ISSUE RECOMMENDATIONS OR GENERAL  GUID-
ANCE   TO  THE  WATER  SUPPLIER  BASED  ON  THE  ASSESSMENT  TO  ENHANCE
PROTECTIONS AGAINST A TERRORIST ATTACK OR CYBER ATTACK. SUCH RECOMMENDA-
TIONS AND GUIDANCE SHALL BE KEPT CONFIDENTIAL AND SHALL BE  EXEMPT  FROM
DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S  2.  Paragraph  (a)  of  subdivision 1 of section 1125 of the public
health law, as amended by chapter 405 of the laws of 2002, 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-
ations.  THE DEPARTMENT SHALL MAINTAIN A LIST  OF  ALL  WATER  SUPPLIERS
REQUIRED TO FILE A WATER SUPPLY EMERGENCY PLAN PURSUANT TO THIS SECTION.
  S  3.  Paragraph  (k)  of  subdivision 2 of section 1125 of the public
health law, as amended by chapter 405 of the laws of 2002, is amended to
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

  (k) a vulnerability analysis  assessment,  including  an  analysis  of
vulnerability  to  terrorist attack, INCLUDING CYBER ATTACK, which shall
be made after consultation with local and state  law  enforcement  agen-
cies.
  S  4.  Subdivisions  5 and 8 of section 1125 of the public health law,
subdivision 5 as amended and subdivision 8 as added by  chapter  317  of
the laws of 2007, are 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 CYBER ATTACK, shall
revise its emergency plan and report its findings to the commissioner by
January first, two thousand  [three]  SEVENTEEN.  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 infrastruc-
ture changes have been made. THE COMMISSIONER SHALL TRANSMIT 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.
  8. The commissioner, SUPERINTENDENT OF STATE POLICE,  COMMISSIONER  OF
THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES, AND CHIEF
TECHNOLOGY OFFICER shall keep confidential: (a) all vulnerability analy-
sis assessments and all  information  derived  therefrom;  and  (b)  all
information  determined  by  a water supplier to pose a security risk to
the operation of a water supply system. Such assessments and information
shall be exempt from disclosure under article six of the public officers
law. A person who, without authorization, discloses any such  assessment
or  information to another person who has not been authorized to receive
such assessment or information is guilty of a class A misdemeanor.
  S 5. Subdivisions 6, 7 and 8 of section 1125 of the public health  law
are  renumbered subdivisions 7, 8 and 9 and a new subdivision 6 is added
to read as follows:
  6. (A) THE COMMISSIONER OR A  COUNTY  HEALTH  DEPARTMENT  MAY  PROVIDE
GUIDANCE AND ASSISTANCE TO COMMUNITY WATER SYSTEMS ON CONDUCTING VULNER-
ABILITY ASSESSMENTS, PREPARING WATER SUPPLY EMERGENCY PLANS AND ADDRESS-
ING THREATS FROM TERRORIST ATTACKS, INCLUDING CYBER ATTACKS, DESIGNED TO
DISRUPT THE PROVISION OF SAFE DRINKING WATER OR SIGNIFICANTLY AFFECT THE
PUBLIC  HEALTH, OR SIGNIFICANTLY AFFECT THE SAFETY OR SUPPLY OF DRINKING
WATER PROVIDED TO COMMUNITIES OR INDIVIDUALS.
  (B) A COMMUNITY WATER SYSTEM, THAT IS NOT A WATER SUPPLIER, MAY  ELECT
TO  COMPLETE  A WATER SUPPLY EMERGENCY PLAN. SUCH COMMUNITY WATER SYSTEM
MAY ELECT TO SUBMIT THE PLAN TO THE COMMISSIONER FOR APPROVAL. IN SUCH A
CASE, THE COMMISSIONER SHALL SUBJECT THE PLAN TO SUCH  APPROVAL  PROCESS
AS DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
  S  6.  Subdivision 1 of section 15-0507 of the environmental conserva-
tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
read as follows:
  1.  Any  owner of a dam or other structure which impounds waters shall
at all times operate and maintain said  structure  and  all  appurtenant
structures  in  a  safe  condition.  As used in this section and section
71-1109 of this chapter, "owner" means any person or local public corpo-
ration who owns, erects, reconstructs, repairs, maintains or uses a  dam

S. 7601                             3

or  other  structure which impounds waters. The commissioner may promul-
gate regulations requiring any owner to prepare and implement  a  safety
program  for such dam or structure as necessary to safeguard life, prop-
erty  or natural resources. Regulations governing the safety program may
include requirements for inspections, monitoring, maintenance and opera-
tion, emergency action planning, RESPONSE AND  PREVENTION  OF  TERRORISM
AND  CYBER TERRORISM, financial security, recordkeeping and reporting or
any other requirement the  commissioner  deems  necessary  to  safeguard
life,  property  or natural resources. Such requirement shall only apply
to those dams or other structures that impound waters which pose, in the
event of failure, a threat  of  personal  injury,  substantial  property
damage or substantial natural resource damage.
  S 7. This act shall take effect immediately.

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