Bill Text: NY A06455 | 2009-2010 | General Assembly | Introduced
Bill Title: Enacts the "local community rail security act of 2009" to protect local communities from the threat of terrorism; and to open lines of communication.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-06-15 - held for consideration in corporations, authorities and commissions [A06455 Detail]
Download: New_York-2009-A06455-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6455
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
___________
Introduced by M. of A. ORTIZ, JOHN, LAVINE, HOOPER -- Multi-Sponsored by
-- M. of A. PEOPLES -- read once and referred to the Committee on
Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to providing for
the security and safety of local communities and community facilities,
by protecting local communities from practices that fail to secure
rail facilities and equipment from the threat of terrorism and by
ensuring proper communication between the owners and operators of rail
facilities and equipment with local and state first responders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short Title. This act may be cited as the "Local Community
2 Rail Security Act of 2009."
3 S 2. Legislative intent; findings and purposes. The legislature here-
4 by finds and declares it necessary to protect this state's rail facili-
5 ties and the local communities where these facilities are located and/or
6 operated from possible sabotage resulting from acts of terrorism or
7 other crimes. The legislature finds it necessary for the state emergency
8 management agency and the department of transportation, in a collabora-
9 tive effort, to conduct a risk assessment of the safety and security of
10 this state's rail facilities and rail equipment.
11 The legislature further finds it necessary to implement an advanced
12 plan of protection for all local communities where rail facilities are
13 located and/or operated. This plan shall be uniformly adopted and
14 strictly adhered to by all such communities. Further, this plan shall
15 improve the quality of communication between the owners and operators of
16 rail facilities and the local and state first responders.
17 The legislature recognizes the dire need for the owners, operators and
18 employees of rail facilities to receive proper training on how to deal
19 with security threats or breaches effecting rail facilities since they
20 are the best persons to identify and respond to any security threat or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09941-01-9
A. 6455 2
1 breach and to recognize the resulting threats to local communities.
2 Therefore, this plan establishes training requirements including how
3 owners, operators, and employees must deal with hazardous materials or
4 oil being transported or stored on the premises of rail facilities, and
5 how to prevent the sabotage of rail facilities or equipment by conduct-
6 ing proper inspections of the facilities, adequately storing hazardous
7 materials, oil or equipment, and by properly identifying and quickly
8 responding to security threats.
9 S 3. The public authorities law is amended by adding a new article 9-A
10 to read as follows:
11 ARTICLE 9-A
12 LOCAL COMMUNITY RAIL SECURITY ACT OF 2009
13 FOR PROTECTING OUR RAIL FACILITIES FROM THREAT OF TERRORISM
14 SECTION 2990. RISK ASSESSMENT.
15 2991. COMMUNITY PROTECTION PLAN.
16 2992. WORKER PROTECTION PLAN.
17 2993. SCOPE.
18 S 2990. RISK ASSESSMENT. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER
19 THIS ARTICLE TAKES EFFECT, EVERY OPERATOR OF A RAIL FACILITY IN THIS
20 STATE SHALL PROVIDE TO THE STATE EMERGENCY MANAGEMENT AGENCY AND THE
21 DEPARTMENT OF TRANSPORTATION ANY NECESSARY DATA OR INFORMATION FOR A
22 RISK ASSESSMENT OF ALL RAIL FACILITIES IN THIS STATE TO BE CONDUCTED BY
23 SUCH AGENCY AND DEPARTMENT. SUCH ASSESSMENT SHALL CONTAIN INFORMATION
24 INCLUDING:
25 (A) ALL FACILITIES AND THEIR FUNCTIONS;
26 (B) THE TYPES OF CARGO THAT HAVE MOVED THROUGH SUCH FACILITIES WITHIN
27 THE PRECEDING TWELVE MONTHS, INCLUDING THE APPROXIMATE QUANTITIES OF
28 HAZARDOUS MATERIALS AND OIL SUBJECT TO CHAPTER I OF TITLE 49 OF THE CODE
29 OF FEDERAL REGULATIONS;
30 (C) THE EXTENT TO WHICH HAZARDOUS MATERIALS OR OIL ARE STORED IN RAIL
31 FACILITIES, INCLUDING THE LOCATION OF SUCH FACILITIES AND THE APPROXI-
32 MATE QUANTITIES OF HAZARDOUS MATERIALS OR OIL STORED;
33 (D) THE LOCATION OF ANY RAIL FACILITY THROUGH WHICH HAZARDOUS MATERI-
34 ALS OR OIL ARE TRANSPORTED OR AT WHICH SUCH CARGO IS STORED THAT LIES
35 WITHIN A FIFTEEN MILE RADIUS OF A SCHOOL, HOSPITAL, NURSING HOME, PUBLIC
36 UTILITY OR PUBLIC SAFETY FACILITY; AND
37 (E) THE RAIL OPERATOR'S CURRENT SECURITY PLAN, WHICH SHALL INCLUDE:
38 (I) A DESCRIPTION OF THE PRACTICES OF THE RAIL OPERATOR DESIGNED TO
39 PREVENT ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES ON RAIL FACILITIES;
40 (II) THE TRAINING PROGRAM THE RAIL OPERATOR PROVIDES TO ITS EMPLOYEES;
41 (III) THE EMERGENCY RESPONSE PROCEDURES OF THE RAIL OPERATOR IN DEAL-
42 ING WITH ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES; AND
43 (IV) THE PROCEDURES OF THE RAIL OPERATOR IN COMMUNICATING WITH LOCAL
44 AND STATE LAW ENFORCEMENT PERSONNEL, EMERGENCY PERSONNEL, TRANSPORTATION
45 OFFICIALS AND OTHER FIRST RESPONDERS IN THE EVENT OF ACTS OF SABOTAGE,
46 TERRORISM OR OTHER CRIMES.
47 S 2991. COMMUNITY PROTECTION PLAN. 1. NOT LATER THAN THREE HUNDRED
48 SIXTY DAYS AFTER THE DATE THIS ARTICLE TAKES EFFECT, ALL RAIL OPERATORS
49 SHALL HAVE IN PLACE A COMMUNITY PROTECTION PLAN DESIGNED TO PROTECT RAIL
50 INFRASTRUCTURE AND TRAFFIC IN THIS STATE FROM ACTS OF SABOTAGE, TERROR-
51 ISM OR OTHER CRIMES. THE COMMUNITY PROTECTION PLAN SHALL PROVIDE SPECIF-
52 ICALLY FOR THE SECURITY OF CRITICAL INFRASTRUCTURE, INCLUDING ALL POINTS
53 OF VULNERABILITY OF THE RAIL SYSTEM WHICH HANDLE HAZARDOUS CARGO OR OIL,
54 INCLUDING RIGHTS OF WAY, YARDS, BRIDGES, TUNNELS AND SIGNAL SYSTEMS.
55 2. WITH RESPECT TO RAIL INFRASTRUCTURE, GENERALLY, THE COMMUNITY
56 PROTECTION PLAN SHALL SET FORTH AND DESCRIBE:
A. 6455 3
1 (I) THE RAIL OPERATOR'S METHODS FOR PROTECTING CRITICAL INFRASTRUCTURE
2 FROM ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES;
3 (II) THE MANNER AND SUBSTANCE OF INITIAL AND RECURRENT TRAINING
4 PROVIDED BY THE RAIL OPERATOR TO ITS EMPLOYEES TO ENABLE THEM TO IDENTI-
5 FY SECURITY THREATS AND RESPOND APPROPRIATELY TO ACTS OF SABOTAGE,
6 TERRORISM OR OTHER CRIMES;
7 (III) THE EMERGENCY RESPONSE PROCEDURES OF THE RAIL OPERATOR IN DEAL-
8 ING WITH ACTS OF SABOTAGE, TERRORISM OR OTHER CRIMES; AND
9 (IV) THE PROCEDURES OF THE RAIL OPERATOR IN COMMUNICATING WITH LOCAL
10 AND STATE LAW ENFORCEMENT PERSONNEL, EMERGENCY PERSONNEL, TRANSPORTATION
11 OFFICIALS, AND OTHER FIRST RESPONDERS IN THE EVENT OF ACTS OF SABOTAGE,
12 TERRORISM OR OTHER CRIMES.
13 3. WITH RESPECT TO ANY RAIL FACILITY THROUGH WHICH HAZARDOUS MATERIALS
14 OR OIL IS TRANSPORTED OR AT WHICH SUCH CARGO IS STORED THAT LIES WITHIN
15 A FIFTEEN MILE RADIUS OF A SCHOOL, HOSPITAL, NURSING HOME, PUBLIC UTILI-
16 TY OR PUBLIC SAFETY FACILITY, THE COMMUNITY PROTECTION PLAN SHALL ALSO
17 PROVIDE FOR THE
18 (I) REGULAR ROUTINE INSPECTION OF THE CONDITION OF THE FACILITY AND
19 ITS SUSCEPTIBILITY TO SABOTAGE, RESULTING FROM TERRORISM OR OTHER
20 CRIMES, BY TRAINED PERSONNEL;
21 (II) STORAGE OF HAZARDOUS MATERIALS OR OIL ONLY IN SECURE FACILITIES
22 DESIGNED FOR SUCH STORAGE, WHICH SHALL NOT INCLUDE RIGHTS OF WAY;
23 (III) PROCEDURES TO PREVENT LEAVING LOCOMOTIVE EQUIPMENT RUNNING WHILE
24 UNATTENDED, AND LEAVING UNATTENDED LOCOMOTIVE EQUIPMENT UNLOCKED;
25 (IV) METHODS BY WHICH THE CABS OF OCCUPIED LOCOMOTIVES MAY BE SECURED
26 AGAINST UNAUTHORIZED ENTRY; AND
27 (V) SECURITY FOR ALL REMOTE CONTROL DEVICES TO PREVENT ACCESS TO SUCH
28 DEVICES BY UNAUTHORIZED PERSONNEL.
29 4. EACH RAIL OPERATOR IN THIS STATE SHALL PROVIDE A COPY OF ITS COMMU-
30 NITY PROTECTION PLAN TO THE STATE EMERGENCY MANAGEMENT AGENCY AND THE
31 DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT OF TRANSPORTATION SHALL
32 REVIEW THE COMMUNITY PROTECTION PLAN AND SHALL HAVE THE AUTHORITY TO
33 ORDER A RAIL OPERATOR TO IMPROVE, MODIFY OR CHANGE ITS PLAN TO COMPLY
34 WITH THE REQUIREMENTS OF THIS ARTICLE. THE DEPARTMENT OF TRANSPORTATION
35 SHALL HAVE THE AUTHORITY TO FINE A RAIL OPERATOR UP TO FIFTY THOUSAND
36 DOLLARS PER DAY FOR FAILURE TO COMPLY WITH ANY PROVISION OF THIS ARTI-
37 CLE. THE COMMUNITY PROTECTION PLAN SHALL BE UPDATED BY THE RAIL OPERATOR
38 AT LEAST ONCE EVERY YEAR AND THE UPDATED PLAN SHALL BE SUBMITTED TO THE
39 STATE EMERGENCY MANAGEMENT AGENCY AND THE DEPARTMENT OF TRANSPORTATION
40 WITHIN THE TIME FRAME SO PROVIDED.
41 S 2992. WORKER PROTECTION PLAN. NO RAIL OPERATOR OR ANY OTHER PERSON
42 COVERED BY THIS ARTICLE MAY DISCHARGE OR IN ANY WAY DISCRIMINATE AGAINST
43 AN EMPLOYEE WHO REPORTS A VIOLATION OF THIS ARTICLE. AN EMPLOYEE WHO
44 ALLEGES A VIOLATION OF THIS ARTICLE MAY SEEK PUNITIVE DAMAGES OF UP TO
45 ONE MILLION DOLLARS FOR THE VIOLATION, IN ADDITION TO ANY OTHER REMEDY
46 AVAILABLE UNDER A PROVISION OF THE LAW.
47 S 2993. SCOPE. THIS ARTICLE SHALL APPLY TO RAIL OPERATORS, CONTRACTORS
48 OR SUBCONTRACTORS WORKING ON THE FACILITIES OF A RAIL OPERATOR, AND ANY
49 OTHER INDIVIDUAL OR CORPORATION PERFORMING WORK ON RAIL FACILITIES IN
50 THIS STATE. ALL EMPLOYEES OF RAIL OPERATORS, CONTRACTORS OR SUBCONTRAC-
51 TORS, AND OTHER INDIVIDUALS OR CORPORATIONS PERFORMING WORK ON RAIL
52 FACILITIES IN THIS STATE, SHALL RECEIVE THE TRAINING PRESCRIBED IN
53 SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS ARTICLE. IN ADDITION,
54 EMPLOYEES OF RAIL CONTRACTORS OR SUBCONTRACTORS, AND OTHER INDIVIDUALS
55 OR CORPORATIONS PERFORMING WORK ON RAIL FACILITIES IN THIS STATE, SHALL
56 BE REQUIRED TO UNDERGO THE SAME BACKGROUND, SKILLS AND FITNESS FOR DUTY
A. 6455 4
1 CHECKS AS EMPLOYEES OF THE RAIL OPERATOR. IF ANY PROVISIONS OF THIS
2 ARTICLE SHALL BE DETERMINED TO BE IN CONFLICT WITH ANY OTHER PROVISION
3 OF LAW, SUCH PROVISIONS WILL CONTINUE IN EFFECT ONLY TO THE EXTENT
4 PERMITTED BY SUCH LAW. IF ANY PROVISIONS OF THIS ARTICLE ARE OR BECOME
5 INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR UNENFORCEABILITY WILL NOT
6 AFFECT OR IMPAIR ANY OTHER TERM OR PROVISION OF THIS ARTICLE.
7 S 4. This act shall take effect on the sixtieth day after it shall
8 have become a law.
