STATE OF NEW YORK ________________________________________________________________________ 4440--A 2019-2020 Regular Sessions IN SENATE March 11, 2019 ___________ Introduced by Sens. GIANARIS, KAPLAN, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Veter- ans, Homeland Security and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 719 to read 12 as follows: 13 § 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01001-02-0S. 4440--A 2 1 critical infrastructure related to the transportation facilities, which 2 shall include those facilities set forth in subdivision seventeen of 3 section twelve hundred sixty-one of the public authorities law and shall 4 also include, for purposes of this section, bridges and tunnels of the 5 metropolitan transportation authority and of all subsidiaries of such 6 authority. The director of the office of homeland security and emergen- 7 cy services shall have the authority to review any audits or reports 8 related to the security of such critical infrastructure, including 9 audits or reports conducted at the request of the metropolitan transpor- 10 tation authority or any other agency or authority of the state or any 11 political subdivision thereof or, to the extent practicable, of any 12 federal entity. The operators of such transportation facilities shall, 13 in compliance with any federal and state requirements regarding the 14 dissemination of such information, provide access to the director of the 15 office of homeland security and emergency services to such audits or 16 reports regarding such critical infrastructure provided, however, that 17 exclusive custody and control of such audits and reports shall remain 18 solely with the operators of such transportation facilities. For the 19 purposes of this article, the term "critical infrastructure" has the 20 meaning ascribed to that term in subdivision five of section eighty-six 21 of the public officers law. 22 2. (a) On or before December thirty-first, two thousand twenty-one, 23 and not later than three years after such date, and every five years 24 thereafter, the director of the office of homeland security and emergen- 25 cy services shall report to the governor, the temporary president of the 26 senate, the speaker of the assembly and the board of any such affected 27 transportation authority. Such report shall review the security meas- 28 ures being taken regarding critical infrastructure related to transpor- 29 tation facilities, as defined in subdivision seventeen of section twelve 30 hundred sixty-one of the public authorities law, assess the effective- 31 ness thereof, and include recommendations to the legislature or the 32 metropolitan transportation authority, if the director of the office of 33 homeland security and emergency services determines that additional 34 measures are required to be implemented, considering among other 35 factors, the unique characteristics of each transportation facility. On 36 or before April thirtieth, two thousand twenty-one, the director of the 37 office of homeland security and emergency services shall make a prelimi- 38 nary report to the governor, the temporary president of the senate, the 39 speaker of the assembly and the board of any such affected transporta- 40 tion authority. 41 (b) Before the receipt of such report identified in paragraph (a) of 42 this subdivision, each recipient of such report shall develop confiden- 43 tiality protocols, which shall be binding upon the recipient who issues 44 the protocols and anyone to whom the recipient shows a copy of the 45 report, in consultation with the director of the office of homeland 46 security and emergency services for the maintenance and use of such 47 report so as to ensure the confidentiality of the report and all infor- 48 mation contained therein, provided, however, that such protocols shall 49 not be binding upon a person who is provided access to such report or 50 any information contained therein pursuant to section eighty-nine of the 51 public officers law after a final determination that access to such 52 report or any information contained therein could not be denied pursuant 53 to subdivision two of section eighty-seven of the public officers law. 54 The director of the office of homeland security and emergency services 55 shall also develop protocols for his or her office related to the main- 56 tenance and use of such report so as to ensure the confidentiality ofS. 4440--A 3 1 the report and all information contained therein. On each report, the 2 director of the office of homeland security and emergency services shall 3 prominently display the following statement: "this report may contain 4 information that if disclosed could endanger the life or safety of the 5 public, and therefore, pursuant to section seven hundred ten of the 6 executive law, this report is to be maintained and used in a manner 7 consistent with protocols established to preserve the confidentiality of 8 the information contained herein in a manner consistent with law". 9 (c) The metropolitan transportation authority shall have the 10 discretion to require that the recommendations of the director of the 11 office of homeland security and emergency services be implemented by any 12 operator of a transportation facility. 13 § 3. This act shall take effect on the ninetieth day after it shall 14 have have become a law.