§ 1125. Water supply emergency plans. 1. Definitions. As used in this
title:

(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
situations. The department shall maintain a list of all water suppliers
required to submit a water supply emergency plan pursuant to this
section.

(b) "Water supplier" shall mean any person who owns or operates a
community water system that supplies drinking water to more than three
thousand three hundred people.

2. All water suppliers shall prepare a water supply emergency plan;
provided, however, if more than one water supplier is responsible for
the same system, such plan shall be submitted jointly by such two or
more water suppliers. The plan shall identify and outline the steps
necessary to ensure that potable water is available during a water
supply emergency. The water supply emergency plan shall include, but not
be limited to, the following:

(a) establishment of criteria and procedures to determine critical
water levels or safe yield of system,

(b) identification of existing and future sources of water under
normal conditions and emergency conditions,

(c) system capacity and ability to meet peak demand and fire flows
concurrently,

(d) storage capacities,

(e) current condition of present interconnections and identification
of additional interconnections to meet a water supply emergency,

(f) specific action plan to be followed during a water supply
emergency including a phased implementation of the plan,

(g) general water conservation programs and water use reduction
strategies for water supply emergencies,

(h) prioritization of water users,

(i) identification and availability of emergency equipment needed
during a water supply emergency,

(j) public notification program coordinated with the phased
implementation schedule, and

(k) a vulnerability analysis assessment, including an analysis of
vulnerability to terrorist attack and cyber attack, which shall be made
after consultation with local and state law enforcement agencies.

3. All water suppliers shall, prior to the final submission of the
water supply emergency plan, publish a notice in a newspaper of general
circulation in the area served by the community water system stating
that the proposed water emergency plan is available for review and
comment; provided, however, a water supplier shall exempt from public
disclosure for public review and comment any information it determines
to pose a security risk to operation of the water supply system. Such
notice shall be printed at least once in each of two successive weeks
and the water supplier shall accept public comment for at least fourteen
days following the date of the first publication. The water supplier
shall submit all public comments with the water emergency plan to the
department.

4. Water supply emergency plans shall be submitted to the commissioner
on or before December thirty-first, nineteen hundred ninety. All water
suppliers who have previously submitted emergency water supply plans
which were approved by the commissioner prior to the effective date of
this title are exempt from the provisions of this subdivision. The
commissioner shall retain a copy of each water supply emergency plan.

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 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 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 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.

6. (a) The commissioner or a county health department may provide
guidance and assistance to community water systems on conducting
vulnerability assessments, preparing water supply emergency plans and
addressing 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.

7. The commissioner, in his discretion, may provide an opportunity for
public hearing for persons served by a community water system.

8. The commissioner shall make such rules and regulations which may be
necessary to effectuate the purposes of this title.

9. 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
analysis 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.