S T A T E O F N E W Y O R K
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5227
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, WRIGHT, DelMONTE -- Multi-Sponsored by
-- M. of A. COLTON, DESTITO, FIELDS, HOOPER, JOHN, LAVINE, LUPARDO,
MAYERSOHN, MILLMAN, PERRY, REILLY, WEISENBERG -- read once and
referred to the Committee on Governmental Operations
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 coun-
cil; to amend the public service law, in relation to requiring the
public service commission to consult with the office of homeland secu-
rity whenever there is a proposed sale or lease of an electric gener-
ating 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 added by section 2 of part B of chapter 1 of the laws of
2004, 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[, including, but not limited to, nuclear
facilities, power plants, telecommunications systems, mass transporta-
tion systems, public roadways, railways, bridges and tunnels,] and
develop strategies that may be used to protect such infrastructure from
terrorist attack;
(J-1) DECIDE, IF AND TO THE EXTENT REQUIRED BY SECTION SEVEN HUNDRED
SIXTEEN OF THIS ARTICLE, UPON A VOTE OF THE CRITICAL INFRASTRUCTURE
ADVISORY COUNCIL ESTABLISHED PURSUANT TO SUCH SECTION, IF THE SALE,
LEASE OR OPERATION OF ANY CRITICAL INFRASTRUCTURE OWNED BY THE STATE OR
PUBLIC AUTHORITY WOULD THREATEN PUBLIC SECURITY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05708-01-9
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S 2. The executive law is amended by adding a new section 716 to read
as follows:
S 716. CRITICAL INFRASTRUCTURE ADVISORY COUNCIL. 1. THERE IS HEREBY
ESTABLISHED A CRITICAL INFRASTRUCTURE ADVISORY COUNCIL CONSISTING OF THE
DIRECTOR OF THE OFFICE OF HOMELAND SECURITY WHO SHALL ACT AS CHAIR OF
THE COUNCIL, THE COMMISSIONER OF TRANSPORTATION, 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
DIRECTOR 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 DIRECTOR OF THE OFFICE OF HOME-
LAND SECURITY, THE OFFICE OF HOMELAND SECURITY SHALL EVALUATE THE
PROPOSED TRANSFER INCLUDING 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 INFRASTRUC-
TURE 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 3. Section 66 of the public service law is amended by adding a new
subdivision 29 to read as follows:
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29. THE COMMISSION SHALL CONSULT WITH THE OFFICE OF HOMELAND SECURITY
WHEN THERE IS A PROPOSED SALE OR LEASE OF AN ELECTRIC GENERATING FACILI-
TY.
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.