Directs the state office of homeland security to conduct a review and analysis of security measures at rail yards

Title of bill

An act to amend the executive law, in relation to directing the state office of homeland security to conduct a review and analysis of security measures at rail yards

Purpose or general idea of bill

This bill would authorize the Office of Homeland Security to conduct a review and analysis of security measures at rail yards, in order to help to ensure proper security at these critical sites.

Summary of provisions

This bill would:

* Allow the director of the office of homeland security to conduct a review and analysis of security measures being taken by the owners and operators of rail yard facilities;

* Allow the director of the office of homeland security to:

* Identify and prepare a list of all rail yard facilities in the state;

* Identify those facilities that provide storage and/or transportation of such substances that pose a risk to the public in the event of an unauthorized discharge; and

* Require rail yard facilities to prepare a vulnerability assessment of the security measures taken to prevent and respond to an unauthorized release of hazardous substances. The director shall review the assessment and make recommendations based on the report.

* Require, on or before June 1, 2010, the director of the Office of Homeland Security to 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 affected facility.

* Require, on or before December 31, 2010, and not later than three years after that date, and every five years thereafter, the director of the Office of Homeland Security to make a comprehensive report, with this report:

* Reviewing measures being taken regarding critical infrastructure related to rail yard facilities; and

* Assessing the effectiveness of these measures, and make recommendations; and

* Requiring the recipients of this report to develop confidentiality protocols for information derived from assessments and security plans.

* Granting the departments of transportation and environmental conservation the authority to require any owner or operator of a rail yard facility to comply with the recommendations of the director of the office of homeland security.

Justification

In the years that have followed the September 11th attacks, New York State has substantially increased measures to protect the public from terrorist attacks.

One of those steps has been to protect the chemical plant facilities in this state.

However, even if the chemical plant facilities are secure, the railways that run in and out of them may not be. Data indicates that more than 1.7 million shipments of hazardous materials were transported last year. A recent accident in central New York, highlighted the important need for this security.

This bill would provide another safeguard towards protecting the public from an event that could result in mass casualties and serious property damage.

Prior legislative history

2008 - S.3644: Reported and Advanced to 3rd Reading.

Fiscal implications

None Noted.

Effective date

This act would take effect immediately.