ROBERT L. EHRLICH, JR., Governor

Ch. 504

7-703.

(A) ON OR BEFORE JANUARY 1, 2005, THE DEPARTMENT SHALL ADOPT
HAZARDOUS MATERIAL SECURITY STANDARDS THAT REQUIRE:

(1)      PRIORITIZATION AND PERIODIC ANALYSIS, USING ACCEPTED
METHODOLOGIES, OF POTENTIAL SECURITY THREATS, VULNERABILITIES, AND
CONSEQUENCES;

(2)      DEVELOPMENT AND IMPLEMENTATION OF SECURITY MEASURES
COMMENSURATE WITH RISKS;

(3)      DOCUMENTATION OF SECURITY MANAGEMENT PROGRAMS,
PROCESSES, AND PROCEDURES;

(4)      TRAINING, DRILLS, AND GUIDANCE FOR EMPLOYEES, CONTRACTORS,
SERVICE PROVIDERS, AND OTHERS, AS APPROPRIATE, TO ENHANCE AWARENESS AND
CAPABILITY;

(5)      COMMUNICATIONS, DIALOGUE, AND EXCHANGE OF INFORMATION
WITH EMPLOYEES, COMMUNITIES, AND GOVERNMENT AGENCIES AND OFFICIALS;

(6)      INTERNAL AUDITS TO ASSESS SECURITY PROGRAMS AND
PROCESSES AND THE IMPLEMENTATION OF CORRECTIVE MEASURES; AND

(7)      THIRD-PARTY VERIFICATION THAT OWNERS AND OPERATORS HAVE
IMPLEMENTED THE PHYSICAL SECURITY MEASURES THAT HAVE BEEN IDENTIFIED
UNDER THE REQUIRED PERIODIC ANALYSIS OF POTENTIAL SECURITY THREATS,
VULNERABILITIES, AND CONSEQUENCES.

(B) INSTEAD OF THE STANDARDS REQUIRED UNDER SUBSECTION (A) OF THIS
SECTION, THE DEPARTMENT MAY ADOPT HAZARDOUS MATERIAL SECURITY
STANDARDS THAT CONFORM TO A NATIONAL INDUSTRY SECURITY CODE THAT IS AT
LEAST AS STRINGENT AS THE STANDARDS PROVIDED IN SUBSECTION (A) OF THIS
SECTION.

7-704.

(A)     THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF STATE
POLICE, SHALL AUDIT A FACILITY, THROUGH AN INSPECTION OR OTHER
INVESTIGATION, TO VERIFY THE ANALYSIS SUBMITTED IN ACCORDANCE WITH §
7-702(C)(2) OF THIS SUBTITLE.

(B)     IF THE DEPARTMENT, THROUGH AN AUDIT, FINDS THAT THE FACILITY IS
NOT IN COMPLIANCE WITH THE HAZARDOUS MATERIAL SECURITY STANDARDS OF
THIS SUBTITLE, THE DEPARTMENT SHALL REFER THE VIOLATION TO THE
DEPARTMENT OF STATE POLICE FOR ENFORCEMENT.

7-705.

(A) (1) SUBJECT TO SUBSECTION (B) OF THIS SECTION, ON OR BEFORE
JANUARY 1, 2005, THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT
THE PROVISIONS OF THIS SUBTITLE.

- 2379 -