New York A 5791: Relates to directing the division of homeland security and emergency services to conduct review and analysis of security measures at rail yards and issue related reports and recommendations

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A05791 Summary:

BILL NOA05791 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHyndman

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §720, Exec L

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

Go to top A05791 Actions:

BILL NOA05791 

&nbsp

02/20/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA05791 Committee&nbspVotes:

Go to topA05791 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05791 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5791

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
 tee on Governmental Operations

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The executive law is amended by adding a new section 720 to
 2 read as follows:
 3 § 720. Protection of critical infrastructure; rail yards. 1. Notwith-
 4 standing any other provision of law and subject to the availability of
 5 an appropriation, the commissioner of the division of homeland security
 6 and emergency services shall conduct a review and analysis of measures
 7 being taken by the owners and operators of rail yard facilities to
 8 protect the security of critical infrastructure related to such facili-
 9 ties. Such commissioner shall have the authority to review all audits or
 10 reports related to the security of such critical infrastructure, includ-
 11 ing all such audits or reports mandated by state and federal law or
 12 regulation, including spill prevention reports and risk management
 13 plans, audits and reports conducted at the request of any federal enti-
 14 ty, or any other agency or authority of the state or any political
 15 subdivision thereof, and reports prepared by owners and operators of
 16 such facilities as required in this subdivision. The owners and opera-
 17 tors of such rail yard facilities shall, in compliance with any federal
 18 and state requirements regarding the dissemination of such information,
 19 provide access to the commissioner to such audits and reports regarding
 20 such critical infrastructure provided, however, exclusive custody and
 21 control of such audits and reports shall remain solely with the owners
 22 and operators of such facilities to the extent not inconsistent with any
 23 other law. For the purposes of this section "critical infrastructure"

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09852-01-5

 A. 5791 2

 1 has the meaning ascribed to that term in subdivision five of section
 2 eighty-six of the public officers law.
 3 2. To effectuate their duties pursuant to this section and identify
 4 risks to the public, the commissioner of the division of homeland secu-
 5 rity and emergency services shall:
 6 (a) identify and prepare a list of all rail yard facilities in the
 7 state;
 8 (b) in consultation with the commissioner of transportation and any
 9 state, local and municipal officials as may be appropriate, identify
 10 rail yard facilities, which because of their storage and/or transporta-
 11 tion of, or relationship to, such substances identified pursuant to
 12 paragraph (a) of subdivision two of section seven hundred fourteen of
 13 this article pose risks to the public should an unauthorized release of
 14 such hazardous substances occur; and
 15 (c) require such rail yard facilities identified pursuant to paragraph
 16 (a) of this subdivision, as the commissioner so determines, to prepare a
 17 vulnerability assessment of the security measures taken by such facili-
 18 ties to prevent and respond to the unauthorized release of hazardous
 19 substances as may be stored therein, which assessments the commissioner
 20 shall review and consider in light of the seriousness of the risk posed
 21 and vulnerability of such fa