Bill Text: NY A02449 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the director of the office of homeland security and emergency services to conduct a review and analysis of the security measures taken at the transportation facilities of the metropolitan transportation authority and its subsidiaries; requires such director to issue confidential reports of his or her findings and recommendations.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2014-01-14 - print number 2449a [A02449 Detail]

Download: New_York-2013-A02449-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2449
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2013
                                      ___________
       Introduced  by  M.  of  A. ROZIC, KAVANAGH, COLTON, COOK, GALEF, MILLER,
         HOOPER -- Multi-Sponsored by -- M. of  A.  ABBATE,  BRENNAN,  MILLMAN,
         ORTIZ,  PERRY,  ROBINSON,  SWEENEY  --  read  once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to creation  of  security
         measures  for the transportation facilities of the metropolitan trans-
         portation authority
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (q) of subdivision 2 of section 709 of the execu-
    2  tive  law,  as amended by section 14 of part B of chapter 56 of the laws
    3  of 2010, is amended to read as follows:
    4    (q) request from any department, division, office, commission or other
    5  agency of the state or any political subdivision thereof, OR ANY  PUBLIC
    6  AUTHORITY  OR PUBLIC BENEFIT CORPORATION, and the same are authorized to
    7  provide, such assistance, services and data as may be  required  by  the
    8  division of homeland security and emergency services in carrying out the
    9  purposes  of  this article, subject to applicable laws, rules, and regu-
   10  lations;
   11    S 2. The executive law is amended by adding a new section 719 to  read
   12  as follows:
   13    S 719. PROTECTION OF CRITICAL INFRASTRUCTURE; METROPOLITAN TRANSPORTA-
   14  TION  AUTHORITY  FACILITIES.  1.  NOTWITHSTANDING ANY OTHER PROVISION OF
   15  LAW, THE DIRECTOR OF THE  OFFICE  OF  HOMELAND  SECURITY  AND  EMERGENCY
   16  SERVICES  SHALL CONDUCT A REVIEW AND ANALYSIS OF MEASURES BEING TAKEN BY
   17  THE METROPOLITAN  TRANSPORTATION  AUTHORITY  AND  ANY  OTHER  AGENCY  OR
   18  AUTHORITY  OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AND, TO THE
   19  EXTENT PRACTICABLE, OF ANY FEDERAL ENTITY, TO PROTECT  THE  SECURITY  OF
   20  CRITICAL  INFRASTRUCTURE RELATED TO THE TRANSPORTATION FACILITIES, WHICH
   21  SHALL INCLUDE THOSE FACILITIES SET  FORTH  IN  SUBDIVISION  FOURTEEN  OF
   22  SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW AND SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01380-01-3
       A. 2449                             2
    1  ALSO  INCLUDE,  FOR PURPOSES OF THIS SECTION, BRIDGES AND TUNNELS OF THE
    2  METROPOLITAN TRANSPORTATION AUTHORITY AND OF ALL  SUBSIDIARIES  OF  SUCH
    3  AUTHORITY.  THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGEN-
    4  CY  SERVICES  SHALL  HAVE  THE AUTHORITY TO REVIEW ANY AUDITS OR REPORTS
    5  RELATED TO THE  SECURITY  OF  SUCH  CRITICAL  INFRASTRUCTURE,  INCLUDING
    6  AUDITS OR REPORTS CONDUCTED AT THE REQUEST OF THE METROPOLITAN TRANSPOR-
    7  TATION  AUTHORITY  OR  ANY OTHER AGENCY OR AUTHORITY OF THE STATE OR ANY
    8  POLITICAL SUBDIVISION THEREOF OR, TO  THE  EXTENT  PRACTICABLE,  OF  ANY
    9  FEDERAL  ENTITY.  THE OPERATORS OF SUCH TRANSPORTATION FACILITIES SHALL,
   10  IN COMPLIANCE WITH ANY FEDERAL  AND  STATE  REQUIREMENTS  REGARDING  THE
   11  DISSEMINATION OF SUCH INFORMATION, PROVIDE ACCESS TO THE DIRECTOR OF THE
   12  OFFICE  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES TO SUCH AUDITS OR
   13  REPORTS REGARDING SUCH CRITICAL INFRASTRUCTURE PROVIDED,  HOWEVER,  THAT
   14  EXCLUSIVE  CUSTODY  AND  CONTROL OF SUCH AUDITS AND REPORTS SHALL REMAIN
   15  SOLELY WITH THE OPERATORS OF SUCH  TRANSPORTATION  FACILITIES.  FOR  THE
   16  PURPOSES  OF  THIS  ARTICLE,  THE TERM "CRITICAL INFRASTRUCTURE" HAS THE
   17  MEANING ASCRIBED TO THAT TERM IN SUBDIVISION FIVE OF SECTION  EIGHTY-SIX
   18  OF THE PUBLIC OFFICERS LAW.
   19    2.  (A) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, AND
   20  NOT LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS  THERE-
   21  AFTER,  THE  DIRECTOR  OF  THE OFFICE OF HOMELAND SECURITY AND EMERGENCY
   22  SERVICES SHALL REPORT TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE
   23  SENATE,  THE  SPEAKER OF THE ASSEMBLY AND THE BOARD OF ANY SUCH AFFECTED
   24  TRANSPORTATION AUTHORITY.  SUCH REPORT SHALL REVIEW THE  SECURITY  MEAS-
   25  URES  BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE RELATED TO TRANSPOR-
   26  TATION FACILITIES, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION  TWELVE
   27  HUNDRED  SIXTY-ONE  OF THE PUBLIC AUTHORITIES LAW, ASSESS THE EFFECTIVE-
   28  NESS THEREOF, AND INCLUDE RECOMMENDATIONS  TO  THE  LEGISLATURE  OR  THE
   29  METROPOLITAN  TRANSPORTATION AUTHORITY, IF THE DIRECTOR OF THE OFFICE OF
   30  HOMELAND SECURITY AND  EMERGENCY  SERVICES  DETERMINES  THAT  ADDITIONAL
   31  MEASURES  ARE  REQUIRED  TO  BE  IMPLEMENTED,  CONSIDERING  AMONG  OTHER
   32  FACTORS, THE UNIQUE CHARACTERISTICS OF EACH TRANSPORTATION FACILITY.  ON
   33  OR  BEFORE  APRIL  THIRTIETH, TWO THOUSAND FOURTEEN, THE DIRECTOR OF THE
   34  OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL MAKE A PRELIMI-
   35  NARY REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,  THE
   36  SPEAKER  OF  THE ASSEMBLY AND THE BOARD OF ANY SUCH AFFECTED TRANSPORTA-
   37  TION AUTHORITY.
   38    (B) BEFORE THE RECEIPT OF SUCH REPORT IDENTIFIED IN PARAGRAPH  (A)  OF
   39  THIS  SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP CONFIDEN-
   40  TIALITY PROTOCOLS, WHICH SHALL BE BINDING UPON THE RECIPIENT WHO  ISSUES
   41  THE  PROTOCOLS  AND  ANYONE  TO  WHOM  THE RECIPIENT SHOWS A COPY OF THE
   42  REPORT, IN CONSULTATION WITH THE DIRECTOR  OF  THE  OFFICE  OF  HOMELAND
   43  SECURITY  AND  EMERGENCY  SERVICES  FOR  THE MAINTENANCE AND USE OF SUCH
   44  REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND ALL  INFOR-
   45  MATION  CONTAINED  THEREIN, PROVIDED, HOWEVER, THAT SUCH PROTOCOLS SHALL
   46  NOT BE BINDING UPON A PERSON WHO IS PROVIDED ACCESS TO  SUCH  REPORT  OR
   47  ANY INFORMATION CONTAINED THEREIN PURSUANT TO SECTION EIGHTY-NINE OF THE
   48  PUBLIC  OFFICERS  LAW  AFTER  A  FINAL DETERMINATION THAT ACCESS TO SUCH
   49  REPORT OR ANY INFORMATION CONTAINED THEREIN COULD NOT BE DENIED PURSUANT
   50  TO SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC  OFFICERS  LAW.
   51  THE  DIRECTOR  OF THE OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES
   52  SHALL ALSO DEVELOP PROTOCOLS FOR HIS OR HER OFFICE RELATED TO THE  MAIN-
   53  TENANCE  AND  USE  OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF
   54  THE REPORT AND ALL INFORMATION CONTAINED THEREIN. ON  EACH  REPORT,  THE
   55  DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
   56  PROMINENTLY  DISPLAY  THE  FOLLOWING STATEMENT: "THIS REPORT MAY CONTAIN
       A. 2449                             3
    1  INFORMATION THAT IF DISCLOSED COULD ENDANGER THE LIFE OR SAFETY  OF  THE
    2  PUBLIC,  AND  THEREFORE,  PURSUANT  TO  SECTION SEVEN HUNDRED TEN OF THE
    3  EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED  AND  USED  IN  A  MANNER
    4  CONSISTENT WITH PROTOCOLS ESTABLISHED TO PRESERVE THE CONFIDENTIALITY OF
    5  THE INFORMATION CONTAINED HEREIN IN A MANNER CONSISTENT WITH LAW".
    6    (C)   THE   METROPOLITAN   TRANSPORTATION  AUTHORITY  SHALL  HAVE  THE
    7  DISCRETION TO REQUIRE THAT THE RECOMMENDATIONS OF THE  DIRECTOR  OF  THE
    8  OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES BE IMPLEMENTED BY ANY
    9  OPERATOR OF A TRANSPORTATION FACILITY.
   10    S 3. This act shall take effect immediately.