PART C

Section 1. The executive law is amended by adding a new section 714 to read as follows:
§ 714. Protection of critical infrastructure; storage facilities for
hazardous substances. 1. Notwithstanding any other provision of law and
subject to the availability of an appropriation, the director of the
office of homeland security shall conduct a review and analysis of meas-
ures being taken by the owners and operators of facilities identified
pursuant to paragraph (b) of subdivision two of this section to protect
the security of critical infrastructure related to such facilities. The
director of the office of homeland security shall have the authority to
review all audits or reports related to the security of such critical
infrastructure, including 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
the department of environmental conservation or at the request of any
federal entity, or any other agency or authority of the state or any
political subdivision thereof, and reports prepared by owners and opera-
tors of such facilities as required in this subdivision. The owners and
operators of such facilities shall, in compliance with any federal and
state requirements regarding the dissemination of such information,
provide access to the director of the office of homeland security 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, the term "critical infrastructure" has the meaning ascribed to
that term in subdivision five of section eighty-six of the public offi-
cers law.
2. To effectuate his or her duties pursuant to this section and iden-
tify risks to the public, the director of the office of homeland securi-
ty shall:
(a) within six months of the effective date of this section, in
consultation with the commissioner of environmental conservation, the
commissioner of health, and such representatives of the chemical indus-
try and higher education as may be appropriate, prepare a list that
identifies toxic or hazardous substances, including but not limited to
those substances listed as hazardous to public health, safety or the
environment in regulations promulgated pursuant to article thirty-seven
of the environmental conservation law, as well as those substances for
which the state possesses insufficient or limited toxicological informa-
tion but for which there exists preliminary evidence that the substance
or the class of chemicals with similar physical and chemical properties
to which it belongs has the potential to cause death, injury, or serious
adverse effects to human health or the environment, based on the severi-
ty of the threat posed to the public by the unauthorized release of such
substances. Such list will be promulgated in accord with the provisions
of the state administrative procedure act;
(b) upon completion of the list required pursuant to paragraph (a) of
this subdivision, but no later than one hundred twenty days after such
date, in consultation with the commissioner of environmental conserva-
tion, the commissioner of health and such representatives of the chemi-
cal industry and any state, local and municipal officials as may be
appropriate, identify facilities, including facilities regulated pursu-
ant to title nine and title eleven of article twenty-seven and article
forty of the environmental conservation law, but excluding facilities
that hold liquified petroleum gas for fuel at retail sale as described
in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C. section
7412(r)(4)(b)) and those facilities that are defined as "water suppli-
ers" in subdivision one of section eleven hundred twenty-five of the
public health law, which because of their storage of or relationship to
such substances identified pursuant to paragraph (a) of this subdivision
pose risks to the public should an unauthorized release of such hazard-
ous substances occur; and
(c) require such facilities identified pursuant to paragraph (b) of
this subdivision, as the director so determines, to prepare a vulner-
ability assessment of the security measures taken by such facilities to
prevent and respond to the unauthorized release of hazardous substances
as may be stored therein, which assessments the director of the office
of homeland security shall review and consider in light of the serious-
ness of the risk posed and vulnerability of such facility and, where
appropriate, make recommendations with respect thereto.
3. (a) On or before June first, two thousand five, the director of
homeland security shall make a preliminary report to the governor, the
temporary president of the senate, the speaker of the assembly, the
commissioner of environmental conservation, the commissioner of health
and the chief executive officer of any such affected facility or his or
her designee, and on or before December thirty-first, two thousand five,
and not later than three years after such date, and every five years
thereafter, the director of the office of homeland security shall report
to the governor, the temporary president of the senate, the speaker of
the assembly, the commissioner of environmental conservation, the
commissioner of health 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 such facilities, assess the effectiveness thereof, and include recom-
mendations to the legislature, the department of environmental conserva-
tion or the department of health if the director of the office of home-
land security 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 director of the office of homeland secu-
rity, 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 protocols 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 infor-
mation contained therein could not be denied pursuant to subdivision two
of section eighty-seven of the public officers law. The director of the
office of homeland security shall also develop protocols for such office
related to the maintenance and use of such report so as to ensure the
confidentiality of all sensitive information contained in such report.
On each report, the director of the office of homeland security 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 eleven of the
executive law, as added by a chapter of the laws of two thousand four,
this report is to be maintained and used in a manner consistent with
protocols established to preserve the confidentiality of the information
contained herein in a manner consistent with law."
(c) The department of environmental conservation shall have the
discretion to require that recommendations of the director of the office
of homeland security be implemented by any owner or operator of a
hazardous substances storage facility as defined in this section.
§ 2. This act shall take effect immediately.

PART D

Section 1. Section 156-a of the executive law, as added by chapter 793
of the laws of 1982, is amended to read as follows:
CHAP. 1 22
§ 156-a. Establishment of a specialized hazardous [material] materials
emergency response training program. 1. The state fire administrator
shall, in his or her discretion, consult with the fire fighting and code
enforcement personnel standards and education commission established
pursuant to section one hundred fifty-nine-a of this article, to estab-
lish a specialized hazardous [material] materials emergency response
training program for individuals responsible for providing emergency
response recovery following [accidents] incidents involving hazardous
materials as defined in accordance with section fourteen-f of the trans-
portation law. The state fire administrator shall inform all fire compa-
nies, municipal corporations and districts, including agencies and
departments thereof and all firefighters, both paid and volunteer, and
related officers and employees and police officers of the implementation
and availability of the hazardous [material] materials emergency
response training program and shall, subject to the availability of an
appropriation, conduct such training with sufficient frequency to assure
adequate response to incidents involving hazardous materials and
protection of responders in all geographic areas of the state.
2. The state fire administrator, in consultation with the aforemen-
tioned commission shall prescribe the curriculum of the hazardous [mate-
rial] materials emergency response training program, which shall
include, but shall not be limited to:
(a) hands-on training, including information in regard to leak and
spill control, product neutralization, pickup and disposal, fire
control, decontamination procedures and use and application of foam
agents;
(b) hazard assessment with emphasis on incident scene decision-making,
including: potential threat to public safety and need for evacuation,
calculation of the effect of weather on certain chemicals and evaluation
of the result of chemical exposures to air, water, soil, vegetation,
lives and property and impact on the personal safety of those working in
the accident area;
(c) calibration and use of emergency equipment; [and]
(d) chemical and biological properties of various classes of chemi-
cals, for example, flammables, oxidizers, corrosives, poisons[.]; and
(e) weapons of mass destruction and response to terrorism.
3. The state fire administrator is hereby directed to issue a report
to the governor, speaker of the assembly, temporary president of the
senate, chairman of the assembly transportation committee and the chair-
man of the senate transportation committee by April first of each year
on the operations of the program set forth in this section.
4. The state fire administrator shall promulgate such rules and regu-
lations as are necessary to carry out the provisions of this section.
§ 2. This act shall take effect immediately.

Proceed to Part E and F