S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3133
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M.  of  A.  CORWIN, BARCLAY, McLAUGHLIN -- read once and
         referred to the Committee on Governmental Operations
       AN ACT establishing the New York state  electromagnetic  pulse  critical
         infrastructure protection commission
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Commission established.  A commission to be  known  as  the
    2  New  York state electromagnetic pulse critical infrastructure protection
    3  commission, hereafter referred to as the commission,  is  hereby  estab-
    4  lished  to identify any necessary steps that it believes should be taken
    5  by New York state to protect its civilian systems from an electromagnet-
    6  ic pulse (EMP) event. Such commission shall educate itself about EMP and
    7  EMP threats and vulnerabilities to  New  York  state's  infrastructures,
    8  gather  facts as needed, make recommendations, and inform local agencies
    9  and governments about the hazards of natural and  man-made  EMP  events.
   10  Furthermore,  the  commission  shall  assess  the  dangers  from all EMP
   11  threats and this shall include developing a plan to  protect  the  state
   12  from  an  EMP event, as well as responding to the aftermath and recovery
   13  after such an event.
   14    S 2. Specifically, the commission shall:
   15    1. study the findings and recommendations of the congressional commis-
   16  sion to assess the threat to the United States of America from  electro-
   17  magnetic pulse attack (the EMP commission); the congressional commission
   18  on  strategic  posture  of the United States regarding EMP, the national
   19  academy of sciences and the national fire protection association  (NFPA)
   20  and  other  related  EMP  findings and materials that are available with
   21  regard to the following:
   22    (a) the vulnerability of New York state's civilian systems to  natural
   23  and  man-made  EMP events, giving special attention to the vulnerability
   24  of the civilian infrastructure as a matter of emergency preparedness;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04581-01-5
       A. 3133                             2
    1    (b) identify and assess the critical infrastructure within or  impact-
    2  ing  New  York  state that is vulnerable to EMP, whether natural or man-
    3  made, which at a minimum will include the following:
    4    (i) infrastructure commonality;
    5    (ii)  electricity  (including  without limitation generation, the bulk
    6  power system, distribution, critical electrical and electrically depend-
    7  ent systems and components);
    8    (iii) communications (including without limitation  operations,  emer-
    9  gency services, and keeping citizens informed);
   10    (iv) banking and finance;
   11    (v) petroleum and natural gas;
   12    (vi) transportation;
   13    (vii) food and water supplies;
   14    (viii) waste water and sewage treatment;
   15    (ix)  emergency  services  (including but not limited to police, fire,
   16  health and medical facilities); and
   17    (x) continuity of government;
   18    (c) the capacity of New York state to protect against and  repair  and
   19  recover  from  damage inflicted on the civilian systems in and affecting
   20  New York state by an EMP;
   21    2. analyze the feasibility and cost of hardening civilian  infrastruc-
   22  ture  systems  against  EMP  events, the costs impacting state and local
   23  government revenues  if  infrastructures  remain  unprotected,  and  the
   24  financial benefits of protecting the critical infrastructures;
   25    3.  review recommendations calling for the creation of micro-grids and
   26  make  recommendations  regarding   the   development,   deployment   and
   27  protection of micro-grids from EMP including:
   28    (a) the use of local electricity generation sources; and
   29    (b) the use of renewable and backup energy storage systems;
   30    4.  identify  critical  interoperable  communications capabilities and
   31  determine means to keep them operable;
   32    5. identify critical transformers, supervisory control and data acqui-
   33  sition (SCADA) devices, and other  critical  components,  and  recommend
   34  minimum "backup inventory" levels;
   35    6. review opportunities where local and state agencies and the private
   36  sector  can  coordinate and cooperate to expedite mitigation of critical
   37  infrastructure vulnerabilities; and
   38    7. develop and recommend a plan to prepare for, protect from,  respond
   39  to  and recover after EMP events, and make recommendations regarding the
   40  foregoing, including any suggested  state  action  and  legislation,  as
   41  deemed appropriate, and any recommendations regarding the New York state
   42  public  service  commission  and power utility authorities and companies
   43  taking   action   to   protect   the   electrical   power    grid    and
   44  supply/distribution systems from the effects of man-made and solar EMP.
   45    S 3. This act shall take effect immediately.