S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5857
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the executive law, in  relation  to  providing  for  the
   regulation  of  the sale, use and storage of nitric acid; and to amend
   the penal law, in relation to disseminating material on  the  manufac-
   ture of an explosive

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature hereby finds that while
 there are important uses for substances like nitric acid, it  is  impor-
 tant  that  we  safeguard these substances in order to prevent them from
 being used to harm both people and property. Nitric acid can be used  to
 cause  harmful  explosions and its use carries the ability, if fallen in
 the wrong hands, of resulting in massive destruction.
   Currently, the sale of nitric acid is not regulated on an  appropriate
 level.  Retailers  are  not  required to check the identification of the
 buyers when selling them nitric acid. They  are  also  not  required  to
 maintain  records  of  the  sale.  This act would require that retailers
 check the identification of buyers purchasing  nitric  acid  and  record
 their name and address.
   In  addition,  there are no standard rules or requirements maintaining
 the security of nitric acid in academia. While this act does not  hinder
 the  important  academic  work  that surrounds the use of nitric acid in
 colleges, universities and even high schools, it  would  provide  a  set
 standard  ensuring  we  do  our part in not allowing our academic insti-
 tutions to become tools for potential terrorists.
   Finally, while the advent of the internet has  provided  us  countless
 benefits,  it  has also increased the threat we face from people looking
 to harm Americans, using information widely available on the  web.  This
 act  bans websites that provide guides on taking nitric acid and turning
 it into explosives.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07926-01-1

 A. 5857                             2
 
   § 2. The executive law is amended by adding a new section 719 to  read
 as follows:
   §  719. NITRIC ACID SECURITY. 1. (A) FOR THE PURPOSES OF THIS SECTION,
 "NITRIC ACID" SHALL INCLUDE NITRIC ACID OR  ANY  PREPARATION  CONTAINING
 FREE  OR  CHEMICALLY UNNEUTRALIZED NITRIC ACID (HN03) IN A CONCENTRATION
 OF FIVE PER CENTUM OR MORE.
   (B) THE PROVISIONS OF THIS SECTION SHALL APPLY  TO  THE  RETAIL  SALE,
 STORAGE AND USE OF NITRIC ACID, NOTWITHSTANDING ANY PROVISION OF SECTION
 ONE  HUNDRED  FORTY-SIX-F  OR  ARTICLE FOURTEEN-A OF THE AGRICULTURE AND
 MARKETS LAW TO THE CONTRARY.
   2. (A) EVERY PERSON WHO SELLS ANY QUANTITY OF NITRIC  ACID  AT  RETAIL
 SHALL  RECORD  THE  DATE  OF  SALE AND QUANTITY OF NITRIC ACID SOLD TO A
 PURCHASER, ALONG WITH THE VALID STATE OR FEDERAL DRIVER LICENSE  NUMBER,
 OR OTHER PICTURE IDENTIFICATION CARD NUMBER APPROVED FOR PURCHASER IDEN-
 TIFICATION  BY THE DIRECTOR OF THE STATE OFFICE OF HOMELAND SECURITY, AS
 WELL AS THE NAME, CURRENT PHYSICAL ADDRESS AND TELEPHONE NUMBER OF  SUCH
 PURCHASER OF NITRIC ACID.
   (B)  SUCH  INFORMATION  AND  ANY  ADDITIONAL  INFORMATION, AS SHALL BE
 DETERMINED BY THE DIRECTOR OF THE STATE  OFFICE  OF  HOMELAND  SECURITY,
 SHALL  BE MAINTAINED BY THE RETAIL SELLER OF NITRIC ACID AT THE PLACE OF
 SALE OF THE NITRIC ACID FOR A PERIOD OF NOT LESS THAN THREE YEARS  IN  A
 FORM OR USING A FORMAT DEVELOPED BY THE DIRECTOR.
   (C)  EVERY PERSON WHO SELLS NITRIC ACID AT RETAIL SHALL, IN COMPLIANCE
 WITH ANY FEDERAL AND STATE REQUIREMENTS REGARDING THE  DISSEMINATION  OF
 SUCH  INFORMATION,  PROVIDE  THE DIRECTOR, OR ANY OFFICER OR EMPLOYEE OF
 THE STATE OFFICE OF HOMELAND SECURITY ACCESS TO SUCH RECORDS.
   3. NITRIC ACID, WHILE UPON THE PREMISES OF A  PERSON  ENGAGED  IN  THE
 RETAIL  SALE  THEREOF, SHALL BE SECURED TO PROVIDE REASONABLE PROTECTION
 AGAINST  VANDALISM,  THEFT  OR  OTHER  UNAUTHORIZED  ACCESS.  REASONABLE
 PROTECTION  MAY  INCLUDE,  BUT  NOT BE LIMITED TO, ENSURING THAT STORAGE
 FACILITIES ARE LOCKED WHEN UNATTENDED, AND INSPECTED DAILY FOR SIGNS  OF
 ATTEMPTED ENTRY, VANDALISM AND STRUCTURAL INTEGRITY. THE DIRECTOR OF THE
 STATE OFFICE OF HOMELAND SECURITY MAY REQUIRE SUCH SECURITY MEASURES FOR
 THE STORAGE OF NITRIC ACID AS HE OR SHE SHALL DEEM NECESSARY.
   4. (A) EVERY ELEMENTARY AND SECONDARY SCHOOL, AND EVERY INSTITUTION OF
 HIGHER  EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO OF THE
 EDUCATION LAW, WHICH HAS  NITRIC  ACID  UPON  ITS  PREMISES  OR  IN  ITS
 POSSESSION,  SHALL  SECURE  SUCH ACID WHEN IT IS NOT IN USE FOR ACADEMIC
 PURPOSES TO PREVENT THE VANDALISM, THEFT OR OTHER UNAUTHORIZED USE THER-
 EOF. IN ADDITION, ALL ACADEMIC USES OF NITRIC ACID SHALL BE MONITORED TO
 PREVENT THEFT AND UNAUTHORIZED USES  THEREOF.  THE  SECURING  OF  NITRIC
 ACID,  WHEN NOT IN USE, SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PLACE-
 MENT OF ALL NITRIC ACID IN A  STORAGE  CONTAINER  WHICH  IS  LOCKED  AND
 ACCESSIBLE BY MEANS OF A KEY OR SPECIAL COMBINATION MAINTAINED SOLELY BY
 THE EMPLOYEE RESPONSIBLE FOR SUCH STORAGE CONTAINER.
   (B)  IN  THE EVENT ANY QUANTITY OF NITRIC ACID IS TO BE TAKEN FROM THE
 PREMISES OF ANY SUCH SCHOOL OR INSTITUTION, THE EMPLOYEE RESPONSIBLE FOR
 THE STORAGE OF SUCH ACID SHALL RECORD THE NAME OF THE PERSON TAKING  THE
 ACID.  SUCH  RECORDS  AND ANY ADDITIONAL INFORMATION, AS SHALL BE DETER-
 MINED BY THE DIRECTOR OF THE STATE OFFICE OF HOMELAND SECURITY, SHALL BE
 MAINTAINED FOR A PERIOD OF NOT LESS THAN THREE YEARS IN A FORM OR  USING
 A  FORMAT DEVELOPED BY THE DIRECTOR. FURTHERMORE, THESE RECORDS SHALL BE
 MADE AVAILABLE TO THE DIRECTOR, AND ANY OFFICER OR EMPLOYEE OF THE STATE
 OFFICE OF HOMELAND SECURITY.

 A. 5857                             3
 
   5. THE DIRECTOR OF THE STATE OFFICE OF HOMELAND SECURITY MAY,  IN  HIS
 OR  HER  DISCRETION,  PROMULGATE  ANY RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   6.  ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
 CLASS A MISDEMEANOR.
   § 3. The penal law is amended by adding a new section 270.40  to  read
 as follows:
 § 270.40 DISSEMINATING MATERIAL ON THE MANUFACTURE OF AN EXPLOSIVE.
   A  PERSON IS GUILTY OF DISSEMINATING MATERIAL ON THE MANUFACTURE OF AN
 EXPLOSIVE WHEN KNOWING THE CHARACTER AND CONTENT  OF  THE  COMMUNICATION
 WHICH,  IN  WHOLE OR PART, DESCRIBES OR EXPLAINS THE PROCESS OR MEANS OF
 CONSTRUCTING OR MANUFACTURING AN EXPLOSIVE USING NITRIC ACID, HE OR  SHE
 INTENTIONALLY  USES  ANY  COMPUTER  COMMUNICATION SYSTEM ALLOWING INPUT,
 OUTPUT, EXAMINATION OR TRANSFER OF COMPUTER DATA  OR  COMPUTER  PROGRAMS
 FROM ONE COMPUTER TO ANOTHER.
   DISSEMINATING MATERIAL ON THE MANUFACTURE OF AN EXPLOSIVE IS A CLASS D
 FELONY.
   §  4.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law. Effective imme-
 diately, the director of  the  state  office  of  homeland  security  is
 authorized  to  promulgate any rules and regulations necessary to imple-
 ment the provisions of section two of this act on its effective date  on
 or before such date.