Section 1125. Water supply emergency plans

1. Definitions. As used in this
  title:
    (a) "Water supply emergency plan" shall mean a plan  approved  by  the
  commissioner and filed with the department. The plan shall follow a form
  which  shall be specified by the department and which shall include, but
  not be limited to, those items enumerated in  this  section,  and  shall
  address  those  actions  to  be  taken by a water supplier to anticipate
  emergencies and respond responsibly to emergency situations.
    (b) "Water supplier" shall mean any person  who  owns  or  operates  a
  community  water  system that supplies drinking water to more than three
  thousand three hundred people.
    2. All water suppliers shall prepare a water  supply  emergency  plan;
  provided,  however,  if  more than one water supplier is responsible for
  the same system, such plan shall be submitted jointly  by  such  two  or
  more  water  suppliers.  The  plan  shall identify and outline the steps
  necessary to ensure that potable  water  is  available  during  a  water
  supply emergency. The water supply emergency plan shall include, but not
  be limited to, the following:
    (a)  establishment  of  criteria  and procedures to determine critical
  water levels or safe yield of system,
    (b) identification of existing  and  future  sources  of  water  under
  normal conditions and emergency conditions,
    (c)  system  capacity  and  ability to meet peak demand and fire flows
  concurrently,
    (d) storage capacities,
    (e) current condition of present interconnections  and  identification
  of additional interconnections to meet a water supply emergency,
    (f)  specific  action  plan  to  be  followed  during  a  water supply
  emergency including a phased implementation of the plan,
    (g) general  water  conservation  programs  and  water  use  reduction
  strategies for water supply emergencies,
    (h) prioritization of water users,
    (i)  identification  and  availability  of  emergency equipment needed
  during a water supply emergency,
    (j)  public  notification  program   coordinated   with   the   phased
  implementation schedule, and
    (k)  a  vulnerability  analysis  assessment,  including an analysis of
  vulnerability  to  terrorist  attack,  which   shall   be   made   after
  consultation with local and state law enforcement agencies.
    3.  All  water  suppliers  shall, prior to the final submission of the
  water supply emergency plan, publish a notice in a newspaper of  general
  circulation  in  the  area  served by the community water system stating
  that the proposed water emergency  plan  is  available  for  review  and
  comment;  provided,  however,  a water supplier shall exempt from public
  disclosure for public review and comment any information  it  determines
  to  pose  a  security risk to operation of the water supply system. Such
  notice shall be printed at least once in each of  two  successive  weeks
  and the water supplier shall accept public comment for at least fourteen
  days  following  the  date  of the first publication. The water supplier
  shall submit all public comments with the water emergency  plan  to  the
  department.
    4. Water supply emergency plans shall be submitted to the commissioner
  on  or  before December thirty-first, nineteen hundred ninety. All water
  suppliers who have previously submitted  emergency  water  supply  plans
  which  were  approved by the commissioner prior to the effective date of
  this title are exempt from  the  provisions  of  this  subdivision.  The
  commissioner shall retain a copy of each water supply emergency plan.

    5.  Every  water  supplier  shall review, and if necessary, revise its
  water supply emergency plan and report its findings to the  commissioner
  by  December  thirty-first,  nineteen  hundred  ninety-five.  Any  water
  supplier whose water supply emergency plan does not include an  analysis
  of  vulnerability  to  terrorist attack, shall revise its emergency plan
  and report its findings  to  the  commissioner  by  January  first,  two
  thousand  three.  Every  water  supplier  shall  keep  its  water supply
  emergency plan up to  date,  shall  provide  updated  communication  and
  notification information to the commissioner by December thirty-first of
  every  year,  and  shall  submit  its water supply emergency plan to the
  commissioner for review at least once every five years and within thirty
  days after major water facility infrastructure changes have been made.
    6. The commissioner, in his discretion, may provide an opportunity for
  public hearing for persons served by a community water system.
    7. The commissioner shall make such rules and regulations which may be
  necessary to effectuate the purposes of this title.
    8. The commissioner shall keep  confidential:  (a)  all  vulnerability
  analysis  assessments and all information derived therefrom; and (b) all
  information determined by a water supplier to pose a  security  risk  to
  the operation of a water supply system. Such assessments and information
  shall be exempt from disclosure under article six of the public officers
  law.  A person who, without authorization, discloses any such assessment
  or information to another person who has not been authorized to  receive
  such assessment or information is guilty of a class A misdemeanor.