Bill Text: NY S00448 | 2023-2024 | General Assembly | Amended
Bill Title: Directs the commissioner of the division 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 2-0)
Status: (Engrossed) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S00448 Detail]
Download: New_York-2023-S00448-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 448--B Cal. No. 981 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. GIANARIS, STAVISKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report -- reported favorably from said committee, amended on second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 § 2. The executive law is amended by adding a new section 720 to read 12 as follows: 13 § 720. Protection of critical infrastructure; metropolitan transporta- 14 tion authority facilities. 1. Notwithstanding any other provision of 15 law, the commissioner of the division 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02578-05-3S. 448--B 2 1 authority of the state or any political subdivision thereof and, to the 2 extent practicable, of any federal entity, to protect the security of 3 critical infrastructure related to the transportation facilities, which 4 shall include those facilities set forth in subdivision seventeen of 5 section twelve hundred sixty-one of the public authorities law and shall 6 also include, for purposes of this section, bridges and tunnels of the 7 metropolitan transportation authority and of all subsidiaries of such 8 authority. The commissioner of the division of homeland security and 9 emergency services shall have the authority to review any audits or 10 reports related to the security of such critical infrastructure, includ- 11 ing audits or reports conducted at the request of the metropolitan 12 transportation authority or any other agency or authority of the state 13 or any political subdivision thereof or, to the extent practicable, of 14 any federal entity. The operators of such transportation facilities 15 shall, in compliance with any federal and state requirements regarding 16 the dissemination of such information, provide access to the commission- 17 er of the division of homeland security and emergency services to such 18 audits or reports regarding such critical infrastructure provided, 19 however, that exclusive custody and control of such audits and reports 20 shall remain solely with the operators of such transportation facili- 21 ties. For the purposes of this article, the term "critical infrastruc- 22 ture" has the meaning ascribed to that term in subdivision five of 23 section eighty-six of the public officers law. 24 2. (a) On or before December thirty-first, two thousand twenty-five, 25 and not later than three years after such date, and every five years 26 thereafter, the commissioner of the division of homeland security and 27 emergency services shall report to the governor, the temporary president 28 of the senate, the speaker of the assembly and the board of any such 29 affected transportation authority. Such report shall review the securi- 30 ty measures being taken regarding critical infrastructure related to 31 transportation facilities, as defined in subdivision seventeen of 32 section twelve hundred sixty-one of the public authorities law, assess 33 the effectiveness thereof, and include recommendations to the legisla- 34 ture or the metropolitan transportation authority, if the commissioner 35 of the division of homeland security and emergency services determines 36 that additional measures are required to be implemented, considering 37 among other factors, the unique characteristics of each transportation 38 facility. On or before April thirtieth, two thousand twenty-five, the 39 commissioner of the division of homeland security and emergency services 40 shall make a preliminary report to the governor, the temporary president 41 of the senate, the speaker of the assembly and the board of any such 42 affected transportation authority. 43 (b) Before the receipt of such report identified in paragraph (a) of 44 this subdivision, each recipient of such report shall develop confiden- 45 tiality protocols, which shall be binding upon the recipient who issues 46 the protocols and anyone to whom the recipient shows a copy of the 47 report, in consultation with the commissioner of the division of home- 48 land security and emergency services for the maintenance and use of such 49 report so as to ensure the confidentiality of the report and all infor- 50 mation contained therein, provided, however, that such protocols shall 51 not be binding upon a person who is provided access to such report or 52 any information contained therein pursuant to section eighty-nine of the 53 public officers law after a final determination that access to such 54 report or any information contained therein could not be denied pursuant 55 to subdivision two of section eighty-seven of the public officers law. 56 The commissioner of the division of homeland security and emergencyS. 448--B 3 1 services shall also develop protocols for his or her office related to 2 the maintenance and use of such report so as to ensure the confidential- 3 ity of the report and all information contained therein. On each report, 4 the commissioner of the division of homeland security and emergency 5 services shall prominently display the following statement: "This report 6 may contain information that if disclosed could endanger the life or 7 safety of the public, and therefore, pursuant to section seven hundred 8 eleven of this article, this report is to be maintained and used in a 9 manner consistent with protocols established to preserve the confiden- 10 tiality of the information contained herein in a manner consistent with 11 law." 12 (c) The metropolitan transportation authority shall have the 13 discretion to require that the recommendations of the commissioner of 14 the division of homeland security and emergency services be implemented 15 by any operator of a transportation facility. 16 § 3. This act shall take effect on the ninetieth day after it shall 17 have become a law.
