Directs division of homeland security and emergency services to conduct review and analysis of security measures at rail yards and issue related reports and recommendations

BILL NUMBER:S3882

Title of bill

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

Purpose

To authorize the Office of Homeland Security to conduct a review and analysis of security measures at rail yards. This analysis will help to ensure proper security at these critical sites.

Summary of provisions

Section One - Amends the executive law in order to allow the commissioner of the Division of Homeland Security to conduct a review and analysis of security measures being. taken by the owners and operators of rail yard facilities.

Section One - Will allow the director of the Division 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.

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 commissioner shall review the assessment and make recommendations based on the report.

On or before June 1, 2013 the commissioner 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 affected facility. Make a final report on or before December 31, 2013, and not later than three years after that date, and every five years after. This report will review measures being taken regarding critical infrastructure related to rail yard facilities, assess the effectiveness of these measures and make recommendations.

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

The departments of transportation and environmental conservation shall have 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.

Section Two - This act shall take effect immediately.

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. This bill would provide another safeguard towards protecting the public from a mass casualty event.

Legislative history

01/04/12 Referred to veterans, homeland security, and military affairs.

Fiscal implications

The implementation of this legislation is subject to the availability of an appropriation.

Effective date

This act shall take effect immediately.