S T A T E O F N E W Y O R K
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5233
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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Introduced by M. of A. GIANARIS, JOHN, PERALTA, GALEF, ESPAILLAT,
EDDINGTON, COOK -- Multi-Sponsored by -- M. of A. ABBATE, BRENNAN,
DESTITO, DIAZ, HOOPER, MAYERSOHN, MILLMAN, PERRY, PHEFFER, 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:
Section 1. Paragraph (q) of subdivision 2 of section 709 of the execu-
tive law, as separately amended by chapters 537 and 620 of the laws of
2005, is amended to read as follows:
(q) request from any department, division, office, commission or other
agency of the state or any political subdivision thereof, OR ANY PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION, and the same are authorized to
provide, such assistance, services and data as may be required by the
office of homeland security in carrying out the purposes of this arti-
cle, subject to applicable laws, rules, and regulations; and
S 2. The executive law is amended by adding a new section 716 to read
as follows:
S 716. PROTECTION OF CRITICAL INFRASTRUCTURE; METROPOLITAN TRANSPORTA-
TION AUTHORITY FACILITIES. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY SHALL CONDUCT A
REVIEW AND ANALYSIS OF MEASURES BEING TAKEN BY THE METROPOLITAN TRANS-
PORTATION AUTHORITY AND ANY OTHER AGENCY OR AUTHORITY OF THE STATE OR
ANY POLITICAL SUBDIVISION THEREOF AND, TO THE EXTENT PRACTICABLE, OF ANY
FEDERAL ENTITY, TO PROTECT THE SECURITY OF CRITICAL INFRASTRUCTURE
RELATED TO THE TRANSPORTATION FACILITIES, WHICH SHALL INCLUDE THOSE
FACILITIES SET FORTH IN SUBDIVISION FOURTEEN OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW AND SHALL ALSO INCLUDE, FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05710-01-9
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PURPOSES OF THIS SECTION, BRIDGES AND TUNNELS, OF THE METROPOLITAN
TRANSPORTATION AUTHORITY AND OF ALL SUBSIDIARIES OF SUCH AUTHORITY. THE
DIRECTOR OF THE OFFICE OF HOMELAND SECURITY SHALL HAVE THE AUTHORITY TO
REVIEW ANY AUDITS OR REPORTS RELATED TO THE SECURITY OF SUCH CRITICAL
INFRASTRUCTURE, INCLUDING AUDITS OR REPORTS CONDUCTED AT THE REQUEST OF
THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OTHER AGENCY OR AUTHOR-
ITY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF OR, TO THE EXTENT
PRACTICABLE, OF ANY FEDERAL ENTITY. THE OPERATORS OF SUCH TRANSPORTATION
FACILITIES SHALL, IN COMPLIANCE WITH ANY FEDERAL AND STATE REQUIREMENTS
REGARDING THE DISSEMINATION OF SUCH INFORMATION, PROVIDE ACCESS TO THE
DIRECTOR OF THE OFFICE OF HOMELAND SECURITY TO SUCH AUDITS OR REPORTS
REGARDING SUCH CRITICAL INFRASTRUCTURE PROVIDED, HOWEVER, THAT EXCLUSIVE
CUSTODY AND CONTROL OF SUCH AUDITS AND REPORTS SHALL REMAIN SOLELY WITH
THE OPERATORS OF SUCH TRANSPORTATION FACILITIES. FOR THE PURPOSES OF
THIS ARTICLE, THE TERM "CRITICAL INFRASTRUCTURE" HAS THE MEANING
ASCRIBED TO THAT TERM IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX OF THE
PUBLIC OFFICERS LAW.
2. (A) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, AND NOT
LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS THEREAFTER,
THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY SHALL REPORT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE BOARD OF ANY SUCH AFFECTED TRANSPORTATION AUTHORITY.
SUCH REPORT SHALL REVIEW THE SECURITY MEASURES BEING TAKEN REGARDING
CRITICAL INFRASTRUCTURE RELATED TO TRANSPORTATION FACILITIES, AS DEFINED
IN SUBDIVISION FOURTEEN OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE
PUBLIC AUTHORITIES LAW, ASSESS THE EFFECTIVENESS THEREOF, AND INCLUDE
RECOMMENDATIONS TO THE LEGISLATURE, OR THE METROPOLITAN TRANSPORTATION
AUTHORITY IF THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY DETERMINES
THAT ADDITIONAL MEASURES ARE REQUIRED TO BE IMPLEMENTED, CONSIDERING
AMONG OTHER FACTORS, THE UNIQUE CHARACTERISTICS OF EACH TRANSPORTATION
FACILITY. ON OR BEFORE APRIL THIRTIETH, TWO THOUSAND TEN, THE DIRECTOR
OF THE OFFICE OF HOMELAND SECURITY SHALL MAKE A PRELIMINARY REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE BOARD OF ANY SUCH AFFECTED TRANSPORTATION AUTHORITY.
(B) BEFORE THE RECEIPT OF SUCH REPORT IDENTIFIED IN PARAGRAPH (A) OF
THIS SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP CONFIDEN-
TIALITY PROTOCOLS, WHICH SHALL BE BINDING UPON THE RECIPIENT WHO ISSUES
THE PROTOCOLS AND ANYONE TO WHOM THE RECIPIENT SHOWS A COPY OF THE
REPORT, IN CONSULTATION WITH THE DIRECTOR OF THE OFFICE OF HOMELAND
SECURITY FOR THE MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE THE
CONFIDENTIALITY OF THE REPORT AND ALL INFORMATION CONTAINED THEREIN,
PROVIDED, HOWEVER, THAT SUCH PROTOCOLS SHALL NOT BE BINDING UPON A
PERSON WHO IS PROVIDED ACCESS TO SUCH REPORT OR ANY INFORMATION
CONTAINED THEREIN PURSUANT TO SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS
LAW AFTER A FINAL DETERMINATION THAT ACCESS TO SUCH REPORT OR ANY INFOR-
MATION CONTAINED THEREIN COULD NOT BE DENIED PURSUANT TO SUBDIVISION TWO
OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. THE DIRECTOR OF THE
OFFICE OF HOMELAND SECURITY SHALL ALSO DEVELOP PROTOCOLS FOR HIS OR HER
OFFICE RELATED TO THE MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE
THE CONFIDENTIALITY OF THE REPORT AND ALL INFORMATION CONTAINED THEREIN.
ON EACH REPORT, THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY SHALL
PROMINENTLY DISPLAY THE FOLLOWING STATEMENT: "THIS REPORT MAY CONTAIN
INFORMATION THAT IF DISCLOSED COULD ENDANGER THE LIFE OR SAFETY OF THE
PUBLIC, AND THEREFORE, PURSUANT TO SECTION SEVEN HUNDRED TEN OF THE
EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED AND USED IN A MANNER
A. 5233 3
CONSISTENT WITH PROTOCOLS ESTABLISHED TO PRESERVE THE CONFIDENTIALITY OF
THE INFORMATION CONTAINED HEREIN IN A MANNER CONSISTENT WITH LAW".
(C) THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL HAVE THE
DISCRETION TO REQUIRE THAT THE RECOMMENDATIONS OF THE DIRECTOR OF THE
OFFICE OF HOMELAND SECURITY BE IMPLEMENTED BY ANY OPERATOR OF A TRANS-
PORTATION FACILITY.
S 3. This act shall take effect immediately.