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Tuesday, May 13, 2003
The New York State Senate will act next week on a package of bills designed to enhance New York�s homeland security, ensure that municipalities are prepared to respond to a terrorist attack and that appropriate safety measures are put in place at chemical manufacturing facilities in New York State.
The Senate will also act on legislation to increase criminal penalties for tresspassing at nuclear power facilities and for stealing the identification of a law enforcement officer or fire department official.
"We have learned a great from the tragic events of September 11th about emergency response to a terrorist attack and disaster preparedness," Senate Majority Leader Joseph L. Bruno said. "This legislation builds on the anti-terrorism legislation passed by the Senate earlier this year to make New York safer and make New Yorkers better prepared to respond a terrorist attack."
This year Senator Bruno created a new Senate standing committee on Veterans, Homeland Security and Military Affairs, chaired by Senator Michael Balboni (R-C, Mineola), to focus on critical issues related to protecting New Yorkers against terrorism. The new committee held hearings throughout the state on homeland security issues.
"Our defense against terrorism requires vigilance," Senator Balboni said. "Threats still exist and we must remain focused on defending New York against another attack."
Last year, Senator Bruno establish a task force on State and Local Emergency Preparedness, which also sought input from public safety officials and experts and how localities could best be prepared to respond to a terrorist attack.
In addition, the Senate passed a comprehensive package of anti-terrorism legislation earlier this year. The bills, which are supported by Governor Pataki, have not been acted on in the Assembly.
The legislation the Senate plans to take up next week would help prevent terrorist attacks at chemical plants, prevent unlawful access to nuclear power plants, ensure that local governments have effective disaster preparedness plans in place and would put into state law, the state Office of Public Security.
CHEMICAL PLANT SECURITY (S.4156)
This bill requires chemical facilities to perform security assessments and security plans to protect against the threat of a terrorist attack. It also authorizes the Office of Public Security and the State Police, in consultation with various state agencies, to issue regulations to designate certain combinations of chemicals and substances of concern as high priority based on the severity of the threat that they pose to the public in the event of a terrorist attack.
The State Police Weapons of Mass Destruction unit has already begun the work of visiting chemical plants to discuss improvements to security.
"It is clear, that given finite resources, all potential terrorist targets cannot be protected. However, it is up to policy makers to assure the public that those targets that pose the greatest threat are not attacked," Senator Balboni said. "New York State has substantially increased measures to protect the public from terrorist attacks, but chemical facilities remain a vulnerable target in which terrorists could kill thousands of people, disable the economy and cause panic among residents of the surrounding areas and beyond."
This bill would lessen the chance of a terrorist attack by requiring chemical facilities to assess their vulnerabilities and plan ways to prevent, prepare for and respond to an attack. These measures will help reduce that chances of attack, allow chemical companies to reduce the likelihood of a successful attack and mitigate the effects of an attack.
The provisions of this bill require chemical companies with high priority plants to utilize increased security measures around the perimeter of chemical plants and conduct security background checks to ensure that employees are not security risks to the plant.
Safer design may also includes buffer zones that can protect a plant from terrorist attack. Buffer zones provide a safe distance between the plants and storage facilities and the perimeter of the plant. The bill also sets a schedule for planning, implementation and review of additional safety measures.
In addition, the bill calls for stiff penalties of $50,000 if the owner or operator of a chemical facility does not comply with this act. The size of the fines are intended to encourage owners and operators of these chemical facilities to heed the seriousness of the security environment we live in after September 11, 2001.
NUCLEAR PLANT SECURITY (S.3579)
This legislation provides additional criminal safeguards against individuals who trespass on the grounds of, or interfere with, the safe operations of a nuclear powered electric generating facility.
"Nuclear power facilities are sensitive properties that require a high level of security against unauthorized people who either inadvertently or intentionally enter a secured area," Senator Balboni said. "This legislation will provide that individuals who intentionally enter or remain on the grounds of a nuclear facility can be prosecuted for trespassing, but also that individuals who tamper with or try to obstruct the operations of a nuclear facility can be prosecuted for criminal tampering."
MUNICIPAL DISASTER PREPAREDNESS (S.4749)
This legislation would require counties to include in their existing disaster preparedness plans to include sections that will help respond to a terrorist attack. Appropriate plans would have:
> A roster of volunteer medical personnel within the county who would help in case of a disaster along with a plan to coordinate them;
> An assessment of the county's health care infrastructure including the number of hospital beds and doctor's offices;
> A system to collect disease or exposure data as a result of the disaster;
> Identification of a local stockpile of pharmaceuticals that might be used in case of a disaster;
> A plan to identify and coordinate emergency services organizations following a disaster;
> Identify a county health official that would serve as a risk communicator; and
> Drills to test the plans.
The Senate will also act on legislation that would put into law, the existence of the Office of Public Security, which was created by Executive Order.
In addition to the bills listed above, the Senate will act on three bills sponsored by Senator Charles Fuschillo (R-C, Merrick), that would make it a felony to steal the official identification of a fire department or law enforcement officer (S.4435); increase penalties for stealing identification issued by a transportation authority or government agency or issued for use at a transportation facility (S.4436); and legislation that would make criminal impersonation at a transportation facility or public place a felony (S.4584).
"What is a police badge worth to someone who is not a police officer? In the current climate of heightened security and awareness of safety issues, it is a critical question," Senator Fuschillo said. "Hundreds of police and fire department badges and IDs are stolen across the country each year. These forms of identification can become a tremendous danger to society if obtained for nefarious use.
"These government issued IDs could allow a person to impersonate legitimate law enforcement and public safety personnel and gain access to certain high security areas and effectively avoid close scrutiny in many secure situations," Senator Fuschillo said.
Currently, there is no value enhancement to these IDs, so someone who steals the ID can only be charged based upon their nominal monetary value, not their actual value. The New York State Penal Law recognizes value enhancements when the stolen item is of far greater import than its nominal cost, but does not currently address police and fire identification.
"Secure transportation facilities, such as airports, train and bus stations, have become an essential component of enhanced security efforts," Senator Fuschillo said. "Stolen identification or security devices could allow someone wide-ranging illegal access to New York's transportation infrastructure, which could lead to large scale disaster."
Earlier this year the Senate passed a package of anti-terrorism bills that would:
> Create new anti-terrorism crimes;
> Severely punish possession or use of chemical or biological weapons;
> Increase penalties on cyber-terrorists who attack computer networks to intimidate, threaten or disrupt vital services or communications;
> Criminalize agri-terrorism to protect the agricultural industry and preserve the integrity of New York State�s food production and supply;
> Punish terrorists who place false hazardous material in an attempt to disrupt or terrorize; and
> Require local governments and first responders be reimbursed by those who falsely report terrorist or other related threats and activities.
"These anti-terrorism bills, as well as the important security and disaster preparedness bills the Senate will act on next week, are critical to protecting the public safety of New Yorkers," Senator Bruno said. "I strongly urge the Assembly to join us in acting on these bills to fulfill one of the primary responsibilites of government, which is to ensure the safety of the people."
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