§ 714. Protection of critical infrastructure; storage facilities for\nhazardous substances. 1. Notwithstanding any other provision of law and\nsubject to the availability of an appropriation, the commissioner of the\ndivision of homeland security and emergency services shall conduct a\nreview and analysis of measures being taken by the owners and operators\nof facilities identified pursuant to paragraph (b) of subdivision two of\nthis section to protect the security, and cyber security, of critical\ninfrastructure related to such facilities. The commissioner of the\ndivision of homeland security and emergency services shall have the\nauthority to review all audits or reports related to the security of\nsuch critical infrastructure, including all such audits or reports\nmandated by state and federal law or regulation, including spill\nprevention reports and risk management plans, audits and reports\nconducted at the request of the department of environmental conservation\nor at the request of any federal entity, or any other agency or\nauthority of the state or any political subdivision thereof, and reports\nprepared by owners and operators of such facilities as required in this\nsubdivision. The owners and operators of such facilities shall, in\ncompliance with any federal and state requirements regarding the\ndissemination of such information, provide access to the commissioner of\nthe division of homeland security and emergency services to such audits\nand reports regarding such critical infrastructure provided, however,\nexclusive custody and control of such audits and reports shall remain\nsolely with the owners and operators of such facilities to the extent\nnot inconsistent with any other law. For the purposes of this section,\nthe term "critical infrastructure" has the meaning ascribed to that term\nin subdivision five of section eighty-six of the public officers law.\n 2. To effectuate his or her duties pursuant to this section and\nidentify risks to the public, the commissioner of the division of\nhomeland security and emergency services shall:\n (a) within six months of the effective date of this section, in\nconsultation with the commissioner of environmental conservation, the\ncommissioner of health, and such representatives of the chemical\nindustry and higher education as may be appropriate, prepare a list that\nidentifies toxic or hazardous substances, including but not limited to\nthose substances listed as hazardous to public health, safety or the\nenvironment in regulations promulgated pursuant to article thirty-seven\nof the environmental conservation law, as well as those substances for\nwhich the state possesses insufficient or limited toxicological\ninformation but for which there exists preliminary evidence that the\nsubstance or the class of chemicals with similar physical and chemical\nproperties to which it belongs has the potential to cause death, injury,\nor serious adverse effects to human health or the environment, based on\nthe severity of the threat posed to the public by the unauthorized\nrelease of such substances. Such list will be promulgated in accord with\nthe provisions of the state administrative procedure act;\n (b) upon completion of the list required pursuant to paragraph (a) of\nthis subdivision, but no later than one hundred twenty days after such\ndate, in consultation with the commissioner of environmental\nconservation, the commissioner of health and such representatives of the\nchemical industry and any state, local and municipal officials as may be\nappropriate, identify facilities, including facilities regulated\npursuant to title nine and title eleven of article twenty-seven and\narticle forty of the environmental conservation law, but excluding\nfacilities that hold liquified petroleum gas for fuel at retail sale as\ndescribed in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C.\nsection 7412(r)(4)(b)) and those facilities that are defined as "water\nsuppliers" in sub
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