STATE OF NEW YORK ________________________________________________________________________ 2737 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ 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: 1 Section 1. The executive law is amended by adding a new section 719 to 2 read as follows: 3 § 719. Protection of critical infrastructure; rail yards. 1. Notwith- 4 standing any other provision of law and subject to the availability of 5 an appropriation, the commissioner of the division of homeland security 6 and emergency services shall conduct a review and analysis of measures 7 being taken by the owners and operators of rail yards facilities to 8 protect the security of critical infrastructure related to such facili- 9 ties. Such commissioner shall have the authority to review all audits or 10 reports related to the security of such critical infrastructure, includ- 11 ing all such audits or reports mandated by state and federal law or 12 regulation, including spill prevention reports and risk management 13 plans, audits and reports conducted at the request of any federal enti- 14 ty, or any other agency or authority of the state or any political 15 subdivision thereof, and reports prepared by owners and operators of 16 such facilities as required in this subdivision. The owners and opera- 17 tors of such rail yard facilities shall, in compliance with any federal 18 and state requirements regarding the dissemination of such information, 19 provide access to the commissioner to such audits and reports regarding 20 such critical infrastructure provided, however, exclusive custody and 21 control of such audits and reports shall remain solely with the owners 22 and operators of such facilities to the extent not inconsistent with any 23 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. LBD04333-01-3
S. 2737 2 1 has the meaning ascribed to that term in subdivision five of section 2 eighty-six of the public officers law. 3 2. To effectuate his or her duties pursuant to this section and iden- 4 tify risks to the public, the commissioner of the division of homeland 5 security and emergency services shall: 6 (a) identify and prepare a list of all rail yard facilities in the 7 state; 8 (b) in consultation with the commissioner of transportation and any 9 state, local and municipal officials as may be appropriate, identify 10 rail yard facilities, which because of their storage and/or transporta- 11 tion of, or relationship to, such substances identified pursuant to 12 paragraph (a) of subdivision two of section seven hundred fourteen of 13 this article pose risks to the public should an unauthorized release of 14 such hazardous substances occur; and 15 (c) require such rail yard facilities identified pursuant to paragraph 16 (a) of this subdivision, as the commissioner so determines, to prepare a 17 vulnerability assessment of the security measures taken by such facili- 18 ties to prevent and respond to the unauthorized release of hazardous 19 substances as may be stored therein, which assessments the commissioner 20 shall review and consider in light of the seriousness of the risk posed 21 and vulnerability of such facility and, where appropriate, make recom- 22 mendations with respect thereto. 23 3. (a) On or before June first, two thousand twenty-five, the commis- 24 sioner shall make a preliminary report to the governor, the temporary 25 president of the senate, the speaker of the assembly, the commissioner 26 of transportation and the chief executive officer of any such affected 27 facility or his or her designee, and on or before December thirty-first, 28 two thousand twenty-five, and not later than three years after such 29 date, and every five years thereafter, the commissioner shall report to 30 the governor, the temporary president of the senate, the speaker of the 31 assembly, the commissioner of transportation and the chief executive 32 officer of any such affected facility or his or her designee. Such 33 report shall review the security measures being taken regarding critical 34 infrastructure related to rail yard facilities, assess the effectiveness 35 thereof, and include recommendations to the legislature and the depart- 36 ment of transportation if the commissioner determines that additional 37 measures are required to be implemented. 38 (b) Before the receipt of such report identified in paragraph (a) of 39 this subdivision, each recipient of such report shall develop confiden- 40 tiality protocols which shall be binding upon the recipient who issues 41 the protocols and anyone to whom the recipient shows a copy of the 42 report in consultation with the commissioner, for the maintenance and 43 use of such report so as to ensure the confidentiality of the report and 44 all information contained therein, provided, however, that such proto- 45 cols shall not be binding upon a person who is provided access to such 46 report or any information contained therein pursuant to section eighty- 47 nine of the public officers law after a final determination that access 48 to such report or any information contained therein could not be denied 49 pursuant to subdivision two of section eighty-seven of the public offi- 50 cers law. The commissioner shall also develop protocols for the division 51 of homeland security and emergency services related to the maintenance 52 and use of such report so as to ensure the confidentiality of all sensi- 53 tive information contained in such report. On each report, the commis- 54 sioner shall prominently display the following statement: "This report 55 may contain information that if disclosed could endanger the life or 56 safety of the public, and therefore, pursuant to section seven hundred
S. 2737 3 1 eleven of the executive law, this report is to be maintained and used in 2 a manner consistent with protocols established to preserve the confi- 3 dentiality of the information contained herein in a manner consistent 4 with law." 5 (c) The departments of transportation and environmental conservation 6 shall have the discretion to require that recommendations of the commis- 7 sioner be implemented by any owner or operator of a rail yard facility. 8 § 2. This act shall take effect immediately.