All potential terrorist targets in New York State must be protected.

That was Senator Michael Balboni's message as he proposed new legislation that would help to ensure the safety of the state's chemical plants. This legislation would require chemical facilities to conduct security assessments and prepare disaster preparedness plans. Assemblyman Michael N. Gianaris (D-Astoria) is sponsoring this bill in the Assembly.

"New York State has worked hard to increase measures that protect the public from terrorist attacks," Balboni said. "However, chemical facilities still remain vulnerable. A terrorist attack on a chemical plant would be devastating. Even though there are federal and state environmental regulations on the books, they are not designed to help protect the chemical industry and those living near chemical facilities from a terrorist attack."

Assemblyman Gianaris added, "Where gaps exist in our Homeland Security, they must be filled immediately. This proposal is an important part of our ongoing efforts to make sure our state's critical infrastructure is secure."

The provisions of this bill would allow chemical companies to reduce the likelihood of a successful attack and mitigate the effects of an attack by requiring the following:

*The Office of Public Security, along with the Department of Environmental Conservation, would designate certain combinations of chemicals and substances to be considered high priority based on the severity of the threat they pose in the event of a terrorist attack.

*Chemical companies with high priority plants would have to maintain safer designs. Plants would have to increase security around their perimeters and employees would have to undergo background checks. Safer designs may include buffer zones that can protect a plant from a terrorist attack. (Buffer zones provide a safe distance between the plants and storage facilities and the perimeter.)

*The owners and operators of those chemical plants that have been designated as high priority must conduct a vulnerability assessment and prepare a prevention, preparedness and response plan in the event of a terrorist attack. Owners and operators will be required to submit those plans to the Office of Public Security.

*This act calls for stiffer penalties if the owner or operator of the chemical plant does not comply with the law.