S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5699
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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, in relation to directing the division
   of homeland security and emergency services to conduct  a  review  and
   analysis of security measures at rail yards
 
   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 719 to
 read as follows:
   § 719. PROTECTION OF CRITICAL INFRASTRUCTURE; RAIL YARDS. 1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW AND SUBJECT TO THE  AVAILABILITY  OF
 AN  APPROPRIATION, THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
 AND EMERGENCY SERVICES SHALL CONDUCT A REVIEW AND ANALYSIS  OF  MEASURES
 BEING  TAKEN  BY  THE  OWNERS  AND OPERATORS OF RAIL YARDS FACILITIES TO
 PROTECT THE SECURITY OF CRITICAL INFRASTRUCTURE RELATED TO SUCH  FACILI-
 TIES. SUCH COMMISSIONER SHALL HAVE THE AUTHORITY TO REVIEW ALL AUDITS OR
 REPORTS RELATED TO THE SECURITY OF SUCH CRITICAL INFRASTRUCTURE, INCLUD-
 ING  ALL  SUCH  AUDITS  OR  REPORTS MANDATED BY STATE AND FEDERAL LAW OR
 REGULATION, INCLUDING  SPILL  PREVENTION  REPORTS  AND  RISK  MANAGEMENT
 PLANS,  AUDITS AND REPORTS CONDUCTED AT THE REQUEST OF ANY FEDERAL ENTI-
 TY, OR ANY OTHER AGENCY OR AUTHORITY  OF  THE  STATE  OR  ANY  POLITICAL
 SUBDIVISION  THEREOF,  AND  REPORTS  PREPARED BY OWNERS AND OPERATORS OF
 SUCH FACILITIES AS REQUIRED IN THIS SUBDIVISION. THE OWNERS  AND  OPERA-
 TORS  OF SUCH RAIL YARD FACILITIES SHALL, IN COMPLIANCE WITH ANY FEDERAL
 AND STATE REQUIREMENTS REGARDING THE DISSEMINATION OF SUCH  INFORMATION,
 PROVIDE  ACCESS TO THE COMMISSIONER TO SUCH AUDITS AND REPORTS REGARDING
 SUCH CRITICAL INFRASTRUCTURE PROVIDED, HOWEVER,  EXCLUSIVE  CUSTODY  AND
 CONTROL  OF  SUCH AUDITS AND REPORTS SHALL REMAIN SOLELY WITH THE OWNERS
 AND OPERATORS OF SUCH FACILITIES TO THE EXTENT NOT INCONSISTENT WITH ANY
 OTHER LAW. FOR THE PURPOSES OF THIS  SECTION  "CRITICAL  INFRASTRUCTURE"
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10031-01-1

 S. 5699                             2
 
 HAS  THE  MEANING  ASCRIBED  TO THAT TERM IN SUBDIVISION FIVE OF SECTION
 EIGHTY-SIX OF THE PUBLIC OFFICERS LAW.
   2.  TO EFFECTUATE HIS OR HER DUTIES PURSUANT TO THIS SECTION AND IDEN-
 TIFY RISKS TO THE PUBLIC, THE COMMISSIONER OF THE DIVISION  OF  HOMELAND
 SECURITY AND EMERGENCY SERVICES SHALL:
   (A)  IDENTIFY  AND  PREPARE  A LIST OF ALL RAIL YARD FACILITIES IN THE
 STATE;
   (B) IN CONSULTATION WITH THE COMMISSIONER OF  TRANSPORTATION  AND  ANY
 STATE,  LOCAL  AND  MUNICIPAL  OFFICIALS AS MAY BE APPROPRIATE, IDENTIFY
 RAIL YARD FACILITIES, WHICH BECAUSE OF THEIR STORAGE AND/OR  TRANSPORTA-
 TION  OF,  OR  RELATIONSHIP  TO,  SUCH SUBSTANCES IDENTIFIED PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SEVEN  HUNDRED  FOURTEEN  OF
 THIS  ARTICLE POSE RISKS TO THE PUBLIC SHOULD AN UNAUTHORIZED RELEASE OF
 SUCH HAZARDOUS SUBSTANCES OCCUR; AND
   (C) REQUIRE SUCH RAIL YARD FACILITIES IDENTIFIED PURSUANT TO PARAGRAPH
 (A) OF THIS SUBDIVISION, AS THE COMMISSIONER SO DETERMINES, TO PREPARE A
 VULNERABILITY ASSESSMENT OF THE SECURITY MEASURES TAKEN BY SUCH  FACILI-
 TIES  TO  PREVENT  AND  RESPOND TO THE UNAUTHORIZED RELEASE OF HAZARDOUS
 SUBSTANCES AS MAY BE STORED THEREIN, WHICH ASSESSMENTS THE  COMMISSIONER
 SHALL  REVIEW AND CONSIDER IN LIGHT OF THE SERIOUSNESS OF THE RISK POSED
 AND VULNERABILITY OF SUCH FACILITY AND, WHERE APPROPRIATE,  MAKE  RECOM-
 MENDATIONS WITH RESPECT THERETO.
   3. (A) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-THREE, THE COMMIS-
 SIONER  SHALL  MAKE  A PRELIMINARY REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  COMMISSIONER
 OF  TRANSPORTATION  AND THE CHIEF EXECUTIVE OFFICER OF ANY SUCH AFFECTED
 FACILITY OR HIS OR HER DESIGNEE, AND ON OR BEFORE DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-THREE, AND NOT LATER THAN  THREE  YEARS  AFTER  SUCH
 DATE,  AND EVERY FIVE YEARS THEREAFTER, THE COMMISSIONER SHALL REPORT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE
 ASSEMBLY,  THE  COMMISSIONER  OF  TRANSPORTATION AND THE CHIEF EXECUTIVE
 OFFICER OF ANY SUCH AFFECTED FACILITY  OR  HIS  OR  HER  DESIGNEE.  SUCH
 REPORT SHALL REVIEW THE SECURITY MEASURES BEING TAKEN REGARDING CRITICAL
 INFRASTRUCTURE RELATED TO RAIL YARD FACILITIES, ASSESS THE EFFECTIVENESS
 THEREOF,  AND INCLUDE RECOMMENDATIONS TO THE LEGISLATURE AND THE DEPART-
 MENT OF TRANSPORTATION IF THE COMMISSIONER  DETERMINES  THAT  ADDITIONAL
 MEASURES ARE REQUIRED TO BE IMPLEMENTED.
   (B)  BEFORE  THE RECEIPT OF SUCH REPORT IDENTIFIED IN PARAGRAPH (A) OF
 THIS SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP  CONFIDEN-
 TIALITY  PROTOCOLS  WHICH SHALL BE BINDING UPON THE RECIPIENT WHO ISSUES
 THE PROTOCOLS AND ANYONE TO WHOM THE  RECIPIENT  SHOWS  A  COPY  OF  THE
 REPORT  IN  CONSULTATION  WITH THE COMMISSIONER, FOR THE MAINTENANCE AND
 USE OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND
 ALL INFORMATION CONTAINED THEREIN, PROVIDED, HOWEVER, THAT  SUCH  PROTO-
 COLS  SHALL  NOT BE BINDING UPON A PERSON WHO IS PROVIDED ACCESS TO SUCH
 REPORT OR ANY INFORMATION CONTAINED THEREIN PURSUANT TO SECTION  EIGHTY-
 NINE  OF THE PUBLIC OFFICERS LAW AFTER A FINAL DETERMINATION THAT ACCESS
 TO SUCH REPORT OR ANY INFORMATION CONTAINED THEREIN COULD NOT BE  DENIED
 PURSUANT  TO SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFI-
 CERS LAW. THE COMMISSIONER SHALL ALSO DEVELOP PROTOCOLS FOR THE DIVISION
 OF HOMELAND SECURITY AND EMERGENCY SERVICES RELATED TO  THE  MAINTENANCE
 AND USE OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF ALL SENSI-
 TIVE  INFORMATION  CONTAINED IN SUCH REPORT. ON EACH REPORT, THE COMMIS-
 SIONER SHALL PROMINENTLY DISPLAY THE FOLLOWING STATEMENT:  "THIS  REPORT
 MAY  CONTAIN  INFORMATION  THAT  IF DISCLOSED COULD ENDANGER THE LIFE OR
 SAFETY OF THE PUBLIC, AND THEREFORE, PURSUANT TO SECTION  SEVEN  HUNDRED

 S. 5699                             3
 
 ELEVEN OF THE EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED AND USED IN
 A  MANNER CONSISTENT   WITH PROTOCOLS ESTABLISHED TO PRESERVE THE CONFI-
 DENTIALITY OF THE INFORMATION CONTAINED HEREIN IN  A  MANNER  CONSISTENT
 WITH LAW."
   (C)  THE  DEPARTMENTS OF TRANSPORTATION AND ENVIRONMENTAL CONSERVATION
 SHALL HAVE THE DISCRETION TO REQUIRE THAT RECOMMENDATIONS OF THE COMMIS-
 SIONER BE IMPLEMENTED BY ANY OWNER OR OPERATOR OF A RAIL YARD FACILITY.
   § 2. This act shall take effect immediately.