senate Bill S2509

Allows division of homeland security and emergency services to decide if the sale, lease or operation of state-owned infrastructure would threaten public security

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Jan / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Summary

Increases the powers and duties of the division of homeland security and emergency services by giving it the power to decide if the sale, lease or operation of any critical infrastructure owned by the state or public authority or an electric generating facility would threaten public security; establishes a critical infrastructure advisory council.

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Bill Details

See Assembly Version of this Bill:
A4875
Versions:
S2509
Legislative Cycle:
2011-2012
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Amd §709, add §716-a, Exec L; amd §66, Pub Serv L; amd §86, Pub Off L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4724, A5227, A5277
2007-2008: A1862, A2009

Sponsor Memo

BILL NUMBER:S2509

TITLE OF BILL:
An act
to amend the executive law, in relation to giving the state office of
homeland security the power to decide if the sale, lease or operation
of state-owned critical infrastructure would threaten public security
and establishing the critical infrastructure advisory council; to
amend the public service law, in relation to requiring the public
service commission to consult with the office of homeland security
whenever there is a proposed sale or lease of an electric generating
facility; and to amend the public officers law, in relation to the
definition of critical infrastructure

PURPOSE:
To ensure that the sale of operational rights of critical infrastructure
or the sale of state-owned infrastructure does not threaten public
security.

SUMMARY OF PROVISIONS:
Section 1 adds new paragraphs (j) and (j-1) of subdivision 2 of section
709 of the executive law to allow the director of the office of homeland
security, in conjunction with the critical infrastructure advisory
council, to decide if the sale of state-owned critical infrastructure
poses a threat to public security.

Section 2 amends the executive law by creating a new section 715 which
establishes the Critical Infrastructure Advisory Council. This section
also lays out powers and limitations of said council; including, the
power to prohibit or approve the transfer of the rights of critical
infrastructure.

Section 3 amends section 66 of the public service law by adding a new
subdivision 29 which directs the public service commission to consult
with the office of homeland security when there is a proposed sale or
lease of an electric generating facility.

Section 4 amends subdivision 5 of section 86 of the public officers law
by expanding the definition of critical infrastructure to include
nuclear facilities, power plants, telecommunications systems, mass
transportation systems, public roadways, railways, bridges and tunnels,
marine terminals, airports, heliports and other aircraft facilities,
water suppliers, prisons and jails.

Section 5 establishes an effective date.

JUSTIFICATION:
This bill requires that the sale of any state-owned facility be reviewed
by the director of the office of homeland security to determine if its
sale jeopardizes public security. Although, 85% of the nation's critical
infrastructure is in the hands of the private sector, the remaining 15%
is some of the most important to our economy and our livelihood. The
state, including public authorities, owns bridges, tunnels and dams that
prove vital to the state's economy.

The Dubai Ports World episode showed us that government needs to take an
active role to ensure that critical infrastructure is kept safe. While


the owner of the Dubai Ports company may have had the best of
intentions, it became clear that following 9/11 that government needs to
focus on security breaches on some of the most vulnerable spots, where
the risk and consequence of a terrorist attack are greatest. The
devastation that could result from the destruction of a bridge or dam
could be catastrophic for the lives of New Yorkers and the economy. This
legislation provides a method to ensure that critical infrastructure
when transferred is safe and secure.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2509

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to giving the state divi-
  sion of homeland security and emergency services the power  to  decide
  if the sale, lease or operation of state-owned critical infrastructure
  would  threaten  public security and establishing the critical infras-
  tructure advisory  council;  to  amend  the  public  service  law,  in
  relation  to  requiring  the public service commission to consult with
  the division of homeland  security  and  emergency  services  whenever
  there  is a proposed sale or lease of an electric generating facility;
  and to amend the public officers law, in relation to the definition of
  critical infrastructure

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (j) of subdivision 2 of section 709 of the execu-
tive  law,  as amended by section 14 of part B of chapter 56 of the laws
of 2010, is amended and a new  paragraph  (j-1)  is  added  to  read  as
follows:
  (j)  work  with local, state and federal agencies and private entities
to conduct assessments of the vulnerability of critical  infrastructure,
AS DEFINED IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX OF THE PUBLIC OFFI-
CERS LAW, to terrorist attack and other natural and man-made disasters[,
including,  but  not limited to, nuclear facilities, power plants, tele-
communications systems, mass transportation  systems,  public  roadways,
railways,  bridges and tunnels,] and develop strategies that may be used
to protect such infrastructure from terrorist attack and  other  natural
and man-made disasters;
  (J-1)  DECIDE,  IF AND TO THE EXTENT REQUIRED BY SECTION SEVEN HUNDRED
SIXTEEN-A OF THIS ARTICLE, UPON A VOTE OF  THE  CRITICAL  INFRASTRUCTURE
ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  SUCH SECTION, IF THE SALE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05773-01-1

S. 2509                             2

LEASE OR OPERATION OF ANY CRITICAL INFRASTRUCTURE OWNED BY THE STATE  OR
PUBLIC AUTHORITY WOULD THREATEN PUBLIC SECURITY;
  S  2.  The  executive  law is amended by adding a new section 716-a to
read as follows:
  S 716-A. CRITICAL INFRASTRUCTURE ADVISORY COUNCIL. 1.  THERE IS HEREBY
ESTABLISHED A CRITICAL INFRASTRUCTURE ADVISORY COUNCIL CONSISTING OF THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
WHO SHALL ACT AS CHAIR  OF THE COUNCIL, THE COMMISSIONER OF  TRANSPORTA-
TION,  THE  SUPERINTENDENT  OF  STATE  POLICE,  THE  CHAIR OF THE PUBLIC
AUTHORITIES CONTROL BOARD, A MEMBER APPOINTED BY THE TEMPORARY PRESIDENT
OF THE SENATE AND A MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY. THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  SHALL
HAVE  NINETY  DAYS  FROM  THE  EFFECTIVE DATE OF THIS SECTION TO APPOINT
MEMBERS TO THIS COUNCIL.
  2. (A) A FIRM OR CORPORATION PROPOSING TO PURCHASE OR  LEASE  CRITICAL
INFRASTRUCTURE  OWNED  BY  A  STATE OR PUBLIC AUTHORITY SHALL NOTIFY THE
COMMISSIONER WITHIN NINETY DAYS OF THE PROPOSED TRANSFER  OF  RIGHTS  TO
SUCH CRITICAL INFRASTRUCTURE. SUCH NOTICE SHALL INCLUDE:
  (I)  THE  NATURE OF TRANSFER FROM THE STATE OR PUBLIC AUTHORITY TO THE
TRANSFEREE INCLUDING THE IDENTIFICATION OF WHAT RIGHTS  WILL  BE  TRANS-
FERRED,  THE  DURATION OF TRANSFER AND REASON FOR SUCH TRANSFER AS GIVEN
BY THE STATE OR PUBLIC AUTHORITY OR CORPORATION TRANSFERRING AN ELECTRIC
GENERATING FACILITY; AND
  (II) MANAGEMENT AND OWNERSHIP  DETAILS  OF  THE  FIRM  OR  CORPORATION
INCLUDING  SHAREHOLDERS,  CORPORATE OFFICERS AND DESIGNATION OF WHO WILL
BE RESPONSIBLE FOR SECURITY AT THE FACILITY; AND
  (III) A PROPOSAL FOR SECURITY MEASURES TO BE  TAKEN  AT  THE  FACILITY
INCLUDING  SECURITY PLANS TO PREVENT A TERRORIST ATTACK AND SCREENING OF
PERSONNEL INCLUDING ANY CRIMINAL BACKGROUND CHECKS.
  (B) WITHIN THIRTY DAYS OF THE INITIAL NOTIFICATION THE PROPOSED TRANS-
FEREE MAY SUBMIT AN ADDENDUM TO THE ORIGINAL NOTICE.
  3. WITHIN NINETY DAYS OF NOTICE TO THE COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES SHALL EVALUATE THE PROPOSED TRANSFER INCLUD-
ING THE SECURITY PLAN AND CRIMINAL HISTORY  OF  THOSE  WITH  OPERATIONAL
RESPONSIBILITY  OF  THE  FACILITY INCLUDING CHIEF SECURITY PERSONNEL AND
SHALL SUBMIT A REPORT TO THE CRITICAL INFRASTRUCTURE ADVISORY COUNCIL.
  4. WITHIN SIXTY DAYS OF SUBMISSION OF THE REPORT, THE CRITICAL INFRAS-
TRUCTURE ADVISORY COUNCIL SHALL, BY MAJORITY VOTE, CHOOSE TO PROHIBIT OR
APPROVE THE TRANSFER OF THE RIGHTS OF CRITICAL INFRASTRUCTURE. THE COUN-
CIL SHALL INFORM THE  PROPOSED  TRANSFEREE  OF  ITS  DECISION  INCLUDING
SPECIFIC REASONS WHY THE TRANSFER IS DECLINED. THE TRANSFEREE MAY RESUB-
MIT  ITS  PROPOSAL  WITHIN  THIRTY  DAYS  OF THE DECISION TO ADDRESS ANY
SPECIFIC REASON FOR DECLINATION. THE COMMITTEE MAY CHOOSE TO  ACCEPT  OR
DECLINE  ANY  RESUBMISSION  BY  MAJORITY VOTE WITHIN THIRTY DAYS OF SUCH
RESUBMISSION.
  5. UPON THE APPROVAL OF TRANSFER, THE TRANSFEREE SHALL FILE  A  YEARLY
STATEMENT  FROM  THE  DATE OF TRANSFER, CHANGES TO ITS SECURITY PLAN AND
ANY CHANGES IN CORPORATE OFFICERS OR SECURITY MANAGEMENT PERSONNEL.
  6. THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR AND  FIVE  OF  THIS
SECTION  SHALL  NOT  APPLY  IN  ANY  RESPECT  TO, NOR SHALL THE CRITICAL
INFRASTRUCTURE ADVISORY COUNCIL HAVE ANY AUTHORITY IN  CONNECTION  WITH,
ANY  PURCHASE, LEASE, TRANSFER OF RIGHTS, OR OTHER TRANSACTION THAT WILL
BE THE SUBJECT OF A NOTICE FILING WITH THE FEDERAL COMMITTEE ON  FOREIGN
INVESTMENT IN THE UNITED STATES (CFIUS).

S. 2509                             3

  S  3.  Section 66 of the public service law is amended by adding a new
subdivision 29 to read as follows:
  29. THE COMMISSION SHALL CONSULT WITH THE DIVISION OF HOMELAND SECURI-
TY  AND  EMERGENCY SERVICES WHEN THERE IS A PROPOSED SALE OR LEASE OF AN
ELECTRIC GENERATING FACILITY.
  S 4. Subdivision 5 of section 86 of the public officers law, as  added
by chapter 403 of the laws of 2003, is amended to read as follows:
  5.  "Critical infrastructure" means systems, assets, places or things,
whether physical or virtual, so vital to the state that the  disruption,
incapacitation  or destruction of such systems, assets, places or things
could jeopardize the health, safety, welfare or security of  the  state,
its  residents  or  its  economy AND SHALL INCLUDE BUT IS NOT LIMITED TO
NUCLEAR  FACILITIES,  POWER  PLANTS,  TELECOMMUNICATIONS  SYSTEMS,  MASS
TRANSPORTATION  SYSTEMS, PUBLIC ROADWAYS, RAILWAYS, BRIDGES AND TUNNELS,
MARINE TERMINALS, AIRPORTS, HELIPORTS  AND  OTHER  AIRCRAFT  FACILITIES,
WATER SUPPLIERS, AS DEFINED IN SUBDIVISION ONE OF SECTION ELEVEN HUNDRED
TWENTY-FIVE OF THE PUBLIC HEALTH LAW, PRISONS AND JAILS.
  S 5. This act shall take effect immediately.

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