S T A T E O F N E W Y O R K
________________________________________________________________________
377
2017-2018 Regular Sessions
I N A S S E M B L Y
January 5, 2017
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law and the public health 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. Section 711-b of the executive law, as added by a chapter
of the laws of 2016 amending the executive law and other laws relating
to the protection of water supplies, as proposed in legislative bills
numbers S.7601 and A.10129, is amended to read as follows:
§ 711-b. Review of water supplier vulnerability analysis assessments.
The commissioner, OR HIS OR HER DESIGNEE, shall review each vulnerabili-
ty analysis assessment [from] PREPARED BY a water supplier [transmitted
to the division from the department of health] pursuant to section elev-
en hundred twenty-five of the public health law. The commissioner may
issue recommendations or general guidance to the water supplier based on
the assessment to enhance protections against a terrorist attack or
cyber attack. Such recommendations and guidance shall be kept confiden-
tial and shall be exempt from disclosure under article six of the public
officers law.
§ 2. Paragraph (a) of subdivision 1 of section 1125 of the public
health law, as amended by a chapter of the laws of 2016 amending the
executive law and other laws relating to the protection of water
supplies, as proposed in legislative bills numbers S.7601 and A.10129,
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07087-01-7
A. 377 2
ations. The department shall maintain a list of all water suppliers
required to [file] SUBMIT a water supply emergency plan pursuant to this
section.
§ 3. Paragraph (k) of subdivision 2 of section 1125 of the public
health law, as amended by a chapter of the laws of 2016 amending the
executive law and other laws relating to the protection of water
supplies, as proposed in legislative bills numbers S.7601 and A.10129,
is amended to read as follows.
(k) a vulnerability analysis assessment, including an analysis of
vulnerability to terrorist attack[, including] AND cyber attack, which
shall be made after consultation with local and state law enforcement
agencies.
§ 4. Subdivision 5 of section 1125 of the public health law, as
amended by a chapter of the laws of 2016 amending the executive law and
other laws relating to the protection of water supplies, as proposed in
legislative bills numbers S.7601 and A.10129, is 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] AND cyber attack,
shall INITIATE SUCH AN ANALYSIS BY JUNE FIRST, TWO THOUSAND SEVENTEEN,
AND SHALL revise its emergency plan and report its findings to the
commissioner by January first, two thousand [seventeen] EIGHTEEN. 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
infrastructure changes have been made. The commissioner shall [transmit]
MAKE AVAILABLE FOR REVIEW, FOLLOWING ESTABLISHED SECURITY PROTOCOLS, 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.
§ 5. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2016 amending the executive law and
other laws relating to the protection of water supplies, as proposed in
legislative bills numbers S.7601 and A.10129, takes effect.