S T A T E O F N E W Y O R K
________________________________________________________________________
2441
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
___________
Introduced by M. of A. CASTELLI, TEDISCO, CROUCH -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to local disaster
preparedness plans, requiring law enforcement agencies to report to
the superintendent of state police suspected or perceived threats of
the release of any chemical, biological or radiological agent and the
energy transportation and storage security program, government conti-
nuity program, business continuity program, post disaster recovery
program, energy security program, public security evacuation program,
and disaster preparedness plan program, uniform identification cards
for firefighters and emergency services personnel and security meas-
ures at rail yards; to amended the executive law and the general busi-
ness law, in relation to telecommunication service security; estab-
lishing an endowed chair within the state university of New York for
the study of terrorism and homeland security and making an appropri-
ation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 2 of section 20 of the executive
law, as amended by section 1 of part B of chapter 56 of the laws of
2010, is amended to read as follows:
a. "disaster" means occurrence or imminent threat of wide spread or
severe damage, injury, or loss of life or property resulting from any
natural or man-made causes, including, but not limited to, fire, flood,
earthquake, hurricane, tornado, high water, landslide, mudslide, wind,
storm, wave action, volcanic activity, epidemic, air contamination, ACT
OF terrorism INCLUDING BIOLOGICAL, CHEMICAL OR RADIOLOGICAL TERRORISM,
cyber event, blight, drought, infestation, explosion, radiological acci-
dent, nuclear, chemical, biological, or bacteriological release, water
contamination, bridge failure or bridge collapse.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05526-02-1
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S 2. Subdivision 6 of section 23 of the executive law, as amended by
section 4 of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
6. All plans for comprehensive emergency management developed by local
governments or any revisions thereto shall COMPLY WITH THE NATIONAL
INCIDENT MANAGEMENT SYSTEMS (NIMS) AND be submitted to the commission by
December thirty-first of each year to facilitate state coordination of
disaster operations.
S 3. Subparagraph 4 of paragraph a of subdivision 7 of section 23 of
the executive law, as amended by section 4 of part B of chapter 56 of
the laws of 2010, is amended and eight new subparagraphs 5, 6, 7, 8, 9,
10, 11 and 12 are added to read as follows:
(4) such other measures as reasonably can be taken to protect lives,
prevent disasters, and reduce their impact[.] ;
(5) A ROSTER OF VOLUNTEER MEDICAL PERSONNEL IN THE COUNTY WHO WOULD BE
AVAILABLE TO RESPOND TO DISASTERS AND HAVE A PROCEDURE TO COORDINATE
SUCH VOLUNTEERS;
(6) ASSESSMENT AS TO THE EXTENT OF EACH COUNTY'S HEALTHCARE INFRAS-
TRUCTURE WHICH INCLUDES THE AMOUNT OF HOSPITAL BEDS, DOCTOR'S OFFICES
AND EMERGENCY HEALTH SERVICES AVAILABLE TO A DISASTER AREA;
(7) DEVELOPMENT OF A SYSTEM FOR COLLECTING DISEASE OR EXPOSURE DATA
IMMEDIATELY AS A RESULT OF A DISASTER;
(8) IDENTIFICATION OF A LOCAL STOCKPILE OF PHARMACEUTICALS AVAILABLE
IN THE COUNTY, IF AVAILABLE, AND IDENTIFY HOW TO INTEGRATE STATE AND
FEDERAL STOCKPILES INTO THE LOCAL SUPPLY;
(9) IDENTIFICATION AND COORDINATION OF THE EMERGENCY SERVICES ORGAN-
IZATIONS TO BE USED FOLLOWING A DISASTER;
(10) DESIGNATING A COUNTY HEALTH OFFICIAL AS THE HEALTH RISK COMMU-
NICATOR;
(11) CREATION OF DRILLS TO BE USED TO TEST SUCH PLANS; AND
(12) ASSESSMENT AS TO THE PLANNING FOR AND IMPLEMENTATION OF THE
NATIONAL INCIDENT MANAGEMENT SYSTEM.
S 4. The executive law is amended by adding a new section 221-e to
read as follows:
S 221-E. REPORTING THREATS CONCERNING ACTUAL, SUSPECTED OR PERCEIVED
CHEMICAL, BIOLOGICAL OR RADIOLOGICAL AGENTS. EVERY LAW ENFORCEMENT AGEN-
CY WHICH RECEIVES A REPORT OF A SUSPECTED OR PERCEIVED THREAT OR INCI-
DENT RELATING TO THE RELEASE OF ANTHRAX OR ANY OTHER SUSPECTED OR
PERCEIVED CHEMICAL, BIOLOGICAL OR RADIOLOGICAL AGENT SHALL, IMMEDIATELY
AFTER RECEIVING SUCH REPORT, NOTIFY THE SUPERINTENDENT OF STATE POLICE
OF SUCH REPORT VIA THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK OR
BY SUCH OTHER MEANS AS SHALL BE DESIGNATED BY SUCH SUPERINTENDENT.
S 5. The executive law is amended by adding eleven new sections 718,
719, 720, 721, 722, 723, 724, 725, 726, 727 and 728 to read as follows:
S 718. ENERGY TRANSPORTATION AND STORAGE SECURITY PROGRAM. THE NEW
YORK STATE OFFICE OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN
INVESTIGATION AND STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK
STATE ENERGY TRANSPORTATION AND STORAGE SECURITY PROGRAM. SUCH INVESTI-
GATION AND STUDY SHALL BE COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST,
TWO THOUSAND TWELVE. WITHIN NINETY DAYS OF THE COMPLETION OF SUCH
INVESTIGATION AND STUDY, THE NEW YORK STATE OFFICE OF HOMELAND SECURITY
SHALL COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE COMMITTEE ON
VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS AND THE CHAIR OF THE
ASSEMBLY COMMITTEE ON GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTI-
GATION AND STUDY, CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE
ESTABLISHMENT OF A NEW YORK STATE ENERGY TRANSPORTATION AND STORAGE
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SECURITY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT MEASURES NEED
TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM, WHAT LAWS
SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND WHAT FISCAL
RESOURCES WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF ANY, TO ESTAB-
LISH SUCH A PROGRAM.
S 719. GOVERNMENT CONTINUITY PROGRAM. THE NEW YORK STATE OFFICE OF
HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE GOVERNMENT
CONTINUITY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE. WITHIN NINETY
DAYS OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK
STATE OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE
CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY
AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY,
CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A
NEW YORK STATE GOVERNMENT CONTINUITY PROGRAM. SUCH RECOMMENDATIONS
SHALL INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTAB-
LISH SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH
SUCH A PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED
AND EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 720. BUSINESS CONTINUITY PROGRAM. THE NEW YORK STATE OFFICE OF HOME-
LAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND STUDY
ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE BUSINESS CONTINUI-
TY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE. WITHIN NINETY DAYS OF THE
COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE OFFICE OF
HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE
STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPER-
ATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING RECOMMENDA-
TIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK STATE BUSI-
NESS CONTINUITY PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT
MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM,
WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND
WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF
ANY, TO ESTABLISH SUCH A PROGRAM.
S 721. POST DISASTER RECOVERY PROGRAM. THE NEW YORK STATE OFFICE OF
HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE POST DISAS-
TER RECOVERY PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON
OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE. WITHIN NINETY
DAYS OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK
STATE OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE
CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY
AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY,
CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A
NEW YORK STATE POST DISASTER RECOVERY PROGRAM. SUCH RECOMMENDATIONS
SHALL INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTAB-
LISH SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH
SUCH A PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED
AND EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 722. ENERGY SECURITY PROGRAM. THE NEW YORK STATE OFFICE OF HOMELAND
SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND STUDY ON THE
ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE ENERGY SECURITY PROGRAM.
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SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED ON OR BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND TWELVE. WITHIN NINETY DAYS OF THE COMPLETION
OF SUCH INVESTIGATION AND STUDY, THE NEW YORK STATE OFFICE OF HOMELAND
SECURITY SHALL COMPLETE AND DELIVER, TO THE CHAIR OF THE SENATE STANDING
COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS AND THE
CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS, A
REPORT ON SUCH INVESTIGATION AND STUDY, CONTAINING RECOMMENDATIONS TO
THE LEGISLATURE ON THE ESTABLISHMENT OF A NEW YORK STATE ENERGY SECURITY
PROGRAM. SUCH RECOMMENDATIONS SHALL INCLUDE WHAT MEASURES NEED TO BE
TAKEN BY NEW YORK STATE TO ESTABLISH SUCH A PROGRAM, WHAT LAWS SHOULD BE
AMENDED OR ADDED TO ESTABLISH SUCH A PROGRAM, AND WHAT FISCAL RESOURCES
WOULD NEED TO BE APPROPRIATED AND EXPENDED, IF ANY, TO ESTABLISH SUCH A
PROGRAM.
S 723. PUBLIC SECURITY EVACUATION PROGRAM. THE NEW YORK STATE OFFICE
OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE PUBLIC SECU-
RITY EVACUATION PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE COMPLETED
ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE. WITHIN NINETY
DAYS OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY, THE NEW YORK
STATE OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIVER, TO THE
CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY
AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND STUDY,
CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF A
NEW YORK STATE PUBLIC SECURITY EVACUATION PROGRAM. SUCH RECOMMENDATIONS
SHALL INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK STATE TO ESTAB-
LISH SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTABLISH
SUCH A PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPROPRIATED
AND EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 724. DISASTER PREPAREDNESS PLAN PROGRAM. THE NEW YORK STATE OFFICE
OF HOMELAND SECURITY IS HEREBY DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE ESTABLISHMENT OF A NEW YORK STATE DISASTER
PREPAREDNESS PLAN PROGRAM. SUCH INVESTIGATION AND STUDY SHALL BE
COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE.
WITHIN NINETY DAYS OF THE COMPLETION OF SUCH INVESTIGATION AND STUDY,
THE NEW YORK STATE OFFICE OF HOMELAND SECURITY SHALL COMPLETE AND DELIV-
ER, TO THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND
SECURITY AND MILITARY AFFAIRS AND THE CHAIR OF THE ASSEMBLY STANDING
COMMITTEE ON GOVERNMENTAL OPERATIONS, A REPORT ON SUCH INVESTIGATION AND
STUDY, CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISH-
MENT OF A NEW YORK STATE DISASTER PREPAREDNESS PLAN PROGRAM. SUCH RECOM-
MENDATIONS SHALL INCLUDE WHAT MEASURES NEED TO BE TAKEN BY NEW YORK
STATE TO ESTABLISH SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED
TO ESTABLISH SUCH A PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE
APPROPRIATED AND EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
S 725. ACADEMIC CHAIR FOR THE STUDY OF TERRORISM AND HOMELAND SECURI-
TY. 1. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. TERRORISM HAS
EMERGED AS THE MORTAL ENEMY OF DEMOCRATIC INSTITUTIONS WORLDWIDE AND IT
INFECTS AND DISTORTS WORLD SECURITY, COMMERCE AND FREEDOM. IT HAS FORGED
UNHOLY ALLIANCES WITH CRIMINAL ORGANIZATIONS AND LINKS TO OUTLAW STATES.
IT IS RUTHLESS, INHUMAN AND DEADLY, DEMONSTRATING A CONTEMPT FOR THE
BASIC VALUE OF HUMAN LIFE AND CIVILIZATION.
WITH THE INTERNATIONALIZATION OF TERRORISM, THE CHALLENGE POSED TO OUR
MILITARY, LAW ENFORCEMENT AND GENERAL SOCIETY HAS GROWN EXPONENTIALLY.
THE STRATEGIES AND TACTICS DEVELOPED TO COMBAT TERRORISM ARE DYNAMIC AND
EVER CHANGING, REQUIRING A THOUGHTFUL AND REGULAR STUDY, EXAMINATION AND
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REVIEW, IN ORDER TO BUILD THE CAPABILITIES NEEDED TO MEET THIS ONGOING
CHALLENGE. WE MUST DEVELOP THE MILITARY, LEGAL AND STRATEGIC FRAMEWORKS
WITH WHICH THOSE CHARGED WITH FIGHTING THE WAR ON TERROR MAY EFFECTIVELY
DEPLOY. THIS IS A MATTER OF THE GREATEST URGENCY. WE DO NOT HAVE THE
LUXURY OF TAKING TIME TO ANALYZE AND STUDY. WE ARE ALREADY IN A MORTAL
CONFRONTATION THAT THREATENS PEACE, PROSPERITY AND PUBLIC CONFIDENCE.
WE MUST PROTECT OUR PEOPLE AND OUR INSTITUTIONS.
ONCE AGAIN, NEW YORK WILL EXERCISE LEADERSHIP BY CREATING AN ENDOWED
CHAIR IN TERRORISM AND HOMELAND SECURITY WITHIN THE STATE UNIVERSITY OF
NEW YORK. THIS INSTITUTION WILL PROVIDE A FORUM FOR STUDY AND DELIBER-
ATION ON THE DEFEAT OF TERRORISM AND THE PROMOTION OF HOMELAND SECURITY
WITH THE GOAL OF CONTRIBUTING TO THE DEVELOPMENT OF STRATEGIES AND
SOLUTIONS.
2. ACADEMIC CHAIR TO STUDY TERRORISM AND HOMELAND SECURITY. THERE IS
HEREBY ESTABLISHED WITHIN THE STATE UNIVERSITY OF NEW YORK, AN ACADEMIC
CHAIR TO STUDY TERRORISM AND HOMELAND SECURITY. SUCH CHAIR SHALL ORGAN-
IZE CONFERENCES AND SEMINARS, DEVELOP TRAINING PROGRAMS FOR LAW ENFORCE-
MENT OFFICERS, PUBLISH ITS PROCEEDINGS AND MAINTAIN A LIBRARY. THE CHAN-
CELLOR AND TRUSTEES OF THE STATE UNIVERSITY SHALL APPOINT A PERSON WELL
QUALIFIED BY EDUCATION AND EXPERIENCE TO ADMINISTER THE PROGRAM OF SUCH
CHAIR. SUCH CHAIR SHALL BE AUTHORIZED TO ESTABLISH A DEVELOPMENT PROGRAM
TO BUILD ITS OWN ENDOWMENT.
S 726. UNIFORM IDENTIFICATION CARDS FOR FIREFIGHTERS AND EMERGENCY
SERVICES PERSONNEL. 1. THE DIRECTOR SHALL ESTABLISH AND MAINTAIN A
STATEWIDE DATABASE FOR THE PURPOSE OF CREATING, DISTRIBUTING AND MONI-
TORING UNIFORM IDENTIFICATION CARDS FOR ALL FIREFIGHTERS AND EMERGENCY
SERVICES PERSONNEL IN THE STATE. THE DIRECTOR SHALL COORDINATE WITH THE
DEPARTMENT OF STATE AND THE NEW YORK EMERGENCY SERVICES COUNCIL FOR THE
TRANSMISSION OF INFORMATION SET FORTH IN SUBDIVISION TWO OF THIS SECTION
AND ANY OTHER INFORMATION AS HE OR SHE DEEMS NECESSARY TO COMPLY WITH
THE PROVISIONS OF THIS SECTION.
2. THE DIRECTOR SHALL DEVELOP AND DISTRIBUTE UNIFORM IDENTIFICATION
CARDS TO ALL PAID AND VOLUNTEER FIREFIGHTERS AND EMERGENCY SERVICES
PERSONNEL IN THIS STATE WHICH SHALL CONTAIN ALL THE FOLLOWING INFORMA-
TION:
(A) A PERSONAL IDENTIFICATION NUMBER AND SUCH PERSON'S BADGE NUMBER,
IF APPLICABLE;
(B) THE PERSON'S HEIGHT, WEIGHT, EYE COLOR, SEX AND RACE;
(C) THE TOWN, VILLAGE, CITY, COUNTY, DEPARTMENT, DISTRICT, DIVISION,
AGENCY OR MUNICIPALITY THE PERSON IS EMPLOYED WITH;
(D) A DIGITIZED PHOTOGRAPH OF THE PERSON THAT SHALL BE THE PERSON'S
DRIVER'S LICENSE PHOTOGRAPH AND SHALL BE OBTAINED FROM THE DEPARTMENT OF
MOTOR VEHICLES;
(E) A DISTINCTIVE MARK OR SYMBOL WHICH DESIGNATES THE PERSON'S SPECIAL
EXPERTISE, TRAINING AND RANK, IF APPLICABLE;
(F) THE NEW YORK STATE SEAL;
(G) ANY OTHER INFORMATION THE DIRECTOR DEEMS APPROPRIATE.
3. THE DIRECTOR SHALL ESTABLISH PROCEDURES FOR DIRECTING THE RETURN OF
IDENTIFICATION CARDS WHEN A PERSON'S EMPLOYMENT OR ASSOCIATION WITH THE
TOWN, VILLAGE, CITY, COUNTY, DEPARTMENT, DISTRICT, DIVISION, AGENCY OR
MUNICIPALITY FOR WHICH THEY VOLUNTEER WITH OR WORK FOR HAS ENDED AND FOR
PLACING AN ALERT IN THE DATABASE WHERE A CARD HAS BEEN LOST OR STOLEN
AND ANY ACTION THE DIRECTOR DEEMS NECESSARY UNDER SUCH CIRCUMSTANCES.
4. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
OBTAIN THE INFORMATION NECESSARY TO IMPLEMENT THE DATABASE REQUIRED BY
THIS SECTION, ISSUE UNIFORM IDENTIFICATION CARDS, ENSURE THAT DIGITIZED
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PHOTOGRAPHS ARE RECENT AND ESTABLISH PROGRAMS OR INITIATIVES TO SUPPLE-
MENT SUCH SYSTEM FOR THE PURPOSE OF IMPROVING LAW ENFORCEMENT SECURITY.
THE DIRECTOR SHALL CONSULT AND COMPLY WITH ANY FEDERAL LAWS, RULES,
REGULATIONS OR STANDARDS PERTAINING TO THE ISSUANCE OF UNIFORM LAW
ENFORCEMENT IDENTIFICATION CARDS.
S 727. PROTECTION OF CRITICAL INFRASTRUCTURE; RAIL YARDS. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF
AN APPROPRIATION, THE DIRECTOR SHALL CONDUCT A REVIEW AND ANALYSIS OF
MEASURES BEING TAKEN BY THE OWNERS AND OPERATORS OF RAIL YARDS FACILI-
TIES TO PROTECT THE SECURITY OF CRITICAL INFRASTRUCTURE RELATED TO SUCH
FACILITIES. THE DIRECTOR SHALL HAVE THE AUTHORITY TO REVIEW ALL AUDITS
OR REPORTS RELATED TO THE SECURITY OF SUCH CRITICAL INFRASTRUCTURE,
INCLUDING ALL SUCH AUDITS OR REPORTS MANDATED BY STATE AND FEDERAL LAW
OR REGULATION, INCLUDING SPILL PREVENTION REPORTS AND RISK MANAGEMENT
PLANS, AUDITS AND REPORTS CONDUCTED AT THE REQUEST OF ANY FEDERAL ENTI-
TY, OR ANY OTHER AGENCY OR AUTHORITY OF THE STATE OR ANY POLITICAL
SUBDIVISION THEREOF, AND REPORTS PREPARED BY OWNERS AND OPERATORS OF
SUCH FACILITIES AS REQUIRED IN THIS SUBDIVISION. THE OWNERS AND OPERA-
TORS OF SUCH RAIL YARD FACILITIES SHALL, IN COMPLIANCE WITH ANY FEDERAL
AND STATE REQUIREMENTS REGARDING THE DISSEMINATION OF SUCH INFORMATION,
PROVIDE ACCESS TO THE DIRECTOR TO SUCH AUDITS AND REPORTS REGARDING SUCH
CRITICAL INFRASTRUCTURE PROVIDED, HOWEVER, EXCLUSIVE CUSTODY AND CONTROL
OF SUCH AUDITS AND REPORTS SHALL REMAIN SOLELY WITH THE OWNERS AND OPER-
ATORS OF SUCH FACILITIES TO THE EXTENT NOT INCONSISTENT WITH ANY OTHER
LAW. FOR THE PURPOSES OF THIS SECTION "CRITICAL INFRASTRUCTURE" HAS THE
MEANING ASCRIBED TO THAT TERM IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX
OF THE PUBLIC OFFICERS LAW.
2. TO EFFECTUATE HIS OR HER DUTIES PURSUANT TO THIS SECTION AND IDEN-
TIFY RISKS TO THE PUBLIC, THE DIRECTOR SHALL:
(A) IDENTIFY AND PREPARE A LIST OF ALL RAIL YARD FACILITIES IN THE
STATE;
(B) IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION AND ANY
STATE, LOCAL AND MUNICIPAL OFFICIALS AS MAY BE APPROPRIATE, IDENTIFY
RAIL YARD FACILITIES, WHICH BECAUSE OF THEIR STORAGE AND/OR TRANSPORTA-
TION OF, OR RELATIONSHIP TO, SUCH SUBSTANCES IDENTIFIED PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED FOURTEEN OF
THIS ARTICLE POSE RISKS TO THE PUBLIC SHOULD AN UNAUTHORIZED RELEASE OF
SUCH HAZARDOUS SUBSTANCES OCCUR; AND
(C) REQUIRE SUCH RAIL YARD FACILITIES IDENTIFIED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION, AS THE DIRECTOR SO DETERMINES, TO PREPARE A
VULNERABILITY ASSESSMENT OF THE SECURITY MEASURES TAKEN BY SUCH FACILI-
TIES TO PREVENT AND RESPOND TO THE UNAUTHORIZED RELEASE OF HAZARDOUS
SUBSTANCES AS MAY BE STORED THEREIN, WHICH ASSESSMENTS THE DIRECTOR OF
THE OFFICE OF HOMELAND SECURITY SHALL REVIEW AND CONSIDER IN LIGHT OF
THE SERIOUSNESS OF THE RISK POSED AND VULNERABILITY OF SUCH FACILITY
AND, WHERE APPROPRIATE, MAKE RECOMMENDATIONS WITH RESPECT THERETO.
3. (A) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWELVE, THE DIRECTOR
SHALL MAKE A PRELIMINARY REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER OF TRANS-
PORTATION AND THE CHIEF EXECUTIVE OFFICER OF ANY SUCH AFFECTED FACILITY
OR HIS OR HER DESIGNEE, AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND TWELVE, AND NOT LATER THAN THREE YEARS AFTER SUCH DATE, AND
EVERY FIVE YEARS THEREAFTER, THE DIRECTOR SHALL REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
COMMISSIONER OF TRANSPORTATION AND THE CHIEF EXECUTIVE OFFICER OF ANY
SUCH AFFECTED FACILITY OR HIS OR HER DESIGNEE. SUCH REPORT SHALL REVIEW
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THE SECURITY MEASURES BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE
RELATED TO RAIL YARD FACILITIES, ASSESS THE EFFECTIVENESS THEREOF, AND
INCLUDE RECOMMENDATIONS TO THE LEGISLATURE, THE DEPARTMENT OF TRANSPOR-
TATION IF THE DIRECTOR DETERMINES THAT ADDITIONAL MEASURES ARE REQUIRED
TO BE IMPLEMENTED.
(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, 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 INFORMATION CONTAINED THEREIN COULD NOT BE DENIED PURSUANT
TO SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
THE DIRECTOR SHALL ALSO DEVELOP PROTOCOLS FOR SUCH OFFICE RELATED TO THE
MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY
OF ALL SENSITIVE INFORMATION CONTAINED IN SUCH REPORT. ON EACH REPORT,
THE DIRECTOR 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 ELEVEN OF THE EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED AND
USED IN A MANNER CONSISTENT WITH PROTOCOLS ESTABLISHED TO PRESERVE THE
CONFIDENTIALITY OF THE INFORMATION CONTAINED HEREIN IN A MANNER CONSIST-
ENT WITH LAW."
(C) THE DEPARTMENTS OF TRANSPORTATION AND ENVIRONMENTAL CONSERVATION
SHALL HAVE THE DISCRETION TO REQUIRE THAT RECOMMENDATIONS OF THE DIREC-
TOR BE IMPLEMENTED BY ANY OWNER OR OPERATOR OF A RAIL YARD FACILITY.
S 728. SECURITY REPORT OF TELECOMMUNICATIONS ASSETS. THE NEW YORK
STATE OFFICE OF HOMELAND SECURITY, IN COOPERATION WITH THE DIVISION OF
STATE POLICE, SHALL PERFORM AN INVESTIGATION AND, ON OR BEFORE APRIL
FIRST, TWO THOUSAND TWELVE, SHALL ISSUE A REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON
TELECOMMUNICATION SECURITY IN NEW YORK STATE. SUCH INVESTIGATION AND
REPORT SHALL EXAMINE THE FACILITIES AND OPERATIONS OF ALL CORPORATIONS
WHICH OFFER OR PROVIDE TELECOMMUNICATIONS SERVICES, AND SHALL EXAMINE
AND REPORT ON THE SAFETY AND SECURITY OF ALL FACILITIES, EQUIPMENT AND
PROCEDURES OF SUCH CORPORATIONS AND MAKE RECOMMENDATIONS WITH RESPECT TO
THE IMPROVEMENT OF THE SECURITY THEREOF.
S 6. The general business law is amended by adding a new article 37-B
to read as follows:
ARTICLE 37-B
TELECOMMUNICATION SERVICE SECURITY
SECTION 807. SECURITY AT TELECOMMUNICATIONS CENTERS.
S 807. SECURITY AT TELECOMMUNICATIONS CENTERS. NO CORPORATION WHICH
OFFERS OR PROVIDES TELECOMMUNICATIONS SERVICES SHALL PERMIT ACCESS TO
ANY HARDWARE OR SOFTWARE, OR ANY PORTION OF A FACILITY OWNED OR OPERATED
BY SUCH CORPORATION, WHERE SUCH HARDWARE OR SOFTWARE IS MAINTAINED,
WHERE SUCH HARDWARE OR SOFTWARE PROVIDES SWITCHING, TRANSFORMING,
COMPUTER OR OTHER TECHNOLOGICAL SERVICES IN THE DELIVERY OF ITS TELECOM-
MUNICATION SERVICES, EXCEPT BY EMPLOYEES OF THE CORPORATION WHO HAVE
SATISFIED THE REQUIREMENTS OF A SECURITY BACKGROUND CHECK, AS DESIGNED
A. 2441 8
AND ADMINISTERED BY THE NEW YORK STATE OFFICE OF HOMELAND SECURITY AND
THE DIVISION OF STATE POLICE.
S 7. The sum of three hundred fifty thousand dollars ($350,000), or so
much thereof as may be necessary, is hereby appropriated to the state
university of New York from any moneys in the state treasury in the
general fund to the credit of the state purposes account not otherwise
appropriated for the purposes of carrying out the provisions of section
725 of the executive law, as added by section five of of this act. Such
sum shall be payable on the audit and warrant of the state comptroller
on vouchers certified or approved by the commissioner of education, or
his or her duly designated representative in the manner provided by law.
No expenditure shall be made from this appropriation until a certificate
of approval of availability shall have been issued by the director of
the budget and filed with the state comptroller and a copy filed with
the chairman of the senate finance committee and the chairman of the
assembly ways and means committee. Such certificate may be amended from
time to time by the director of the budget and a copy of each such
amendment shall be filed with the state comptroller, the chairman of the
senate finance committee and the chairman of the assembly ways and means
committee.
S 8. This act shall take effect immediately, except that sections one,
two and three of this act shall take effect on the first of June next
succeeding the date on which this act shall have become a law.