Senate Bill S5272

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

                                  5272

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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
  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 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
EIGHTEEN  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.
                                                           LBD11293-01-1

              

S. 5272                             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 718 to read
as follows:
  S 718. CRITICAL INFRASTRUCTURE ADVISORY COUNCIL. 1.   THERE IS  HEREBY
ESTABLISHED A CRITICAL INFRASTRUCTURE ADVISORY COUNCIL CONSISTING OF THE
COMMISSIONER OF THE DIVISION 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
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,  THE  DIVISION  SHALL EVALUATE THE PROPOSED TRANSFER
INCLUDING THE SECURITY PLAN AND CRIMINAL HISTORY OF  THOSE  WITH  OPERA-
TIONAL RESPONSIBILITY OF THE FACILITY INCLUDING CHIEF SECURITY PERSONNEL
AND  SHALL SUBMIT A REPORT TO THE CRITICAL INFRASTRUCTURE ADVISORY COUN-
CIL.
  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:

S. 5272                             3

  29. THE COMMISSION SHALL CONSULT WITH THE DIVISION OF HOMELAND SECURI-
TY 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.