Assembly Bill A1649A

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

                                 1649--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, COLTON, COOK, GALEF, M. MILLER, HOOPER
  -- Multi-Sponsored by -- M. of A.  ABBATE,  BRENNAN,  MILLMAN,  ORTIZ,
  PERRY, ROBINSON, SWEENEY -- read once and referred to the Committee on
  Governmental  Operations  --  recommitted  to the Committee on Govern-
  mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 amended by section 14 of part B of chapter 56 of the laws
of 2010, 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
division of homeland security and emergency services in carrying out the
purposes  of  this article, subject to applicable laws, rules, and regu-
lations;
  S 2. The executive law is amended by adding a new section 718 to  read
as follows:
  S 718. PROTECTION OF CRITICAL INFRASTRUCTURE; METROPOLITAN TRANSPORTA-
TION  AUTHORITY  FACILITIES.  1.  NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE DIRECTOR OF THE  OFFICE  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES  SHALL CONDUCT A REVIEW AND ANALYSIS OF MEASURES BEING TAKEN BY
THE METROPOLITAN  TRANSPORTATION  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04806-03-1
              

A. 1649--A                          2

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 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 AND EMERGEN-
CY  SERVICES  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 TRANSPOR-
TATION  AUTHORITY  OR  ANY OTHER AGENCY OR AUTHORITY 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  AND EMERGENCY SERVICES 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 THIRTEEN, AND
NOT LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS  THERE-
AFTER,  THE  DIRECTOR  OF  THE OFFICE OF HOMELAND SECURITY AND EMERGENCY
SERVICES 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  MEAS-
URES  BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE RELATED TO TRANSPOR-
TATION FACILITIES, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION  TWELVE
HUNDRED  SIXTY-ONE  OF THE PUBLIC AUTHORITIES LAW, ASSESS THE EFFECTIVE-
NESS THEREOF, AND INCLUDE RECOMMENDATIONS  TO  THE  LEGISLATURE  OR  THE
METROPOLITAN  TRANSPORTATION AUTHORITY, IF THE DIRECTOR OF THE OFFICE OF
HOMELAND SECURITY AND  EMERGENCY  SERVICES  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 THIRTEEN, THE DIRECTOR OF THE
OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL MAKE A PRELIMI-
NARY REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,  THE
SPEAKER  OF  THE ASSEMBLY AND THE BOARD OF ANY SUCH AFFECTED TRANSPORTA-
TION 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  AND  EMERGENCY  SERVICES  FOR  THE MAINTENANCE AND USE OF SUCH
REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND ALL  INFOR-
MATION  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  OF THE OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES
SHALL ALSO DEVELOP PROTOCOLS FOR HIS OR HER OFFICE RELATED TO THE  MAIN-
TENANCE  AND  USE  OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF

A. 1649--A                          3

THE REPORT AND ALL INFORMATION CONTAINED THEREIN. ON  EACH  REPORT,  THE
DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES 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
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 AND EMERGENCY SERVICES BE IMPLEMENTED BY ANY
OPERATOR OF A TRANSPORTATION FACILITY.
  S 3. This act shall take effect immediately.