Senate Bill S3500

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

                                  3500

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

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 division of
  homeland security and emergency services 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  council;  to  amend  the  public service law, in relation to
  requiring the public service commission to consult with  the  division
  of  homeland  security  and  emergency  services  whenever  there is a
  proposed sale or lease of an  electric  generating  facility;  and  to
  amend  the public officers law, in relation to the definition of crit-
  ical 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
NINETEEN  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.
                                                           LBD07277-01-3
              

S. 3500                             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 719 to read
as follows:
  S 719. CRITICAL INFRASTRUCTURE ADVISORY COUNCIL. 1.   THERE IS  HEREBY
ESTABLISHED A CRITICAL INFRASTRUCTURE ADVISORY COUNCIL CONSISTING OF THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
WHO  SHALL ACT AS CHAIR  OF THE COUNCIL, THE COMMISSIONER OF TRANSPORTA-
TION, 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  AND EMERGENCY SERVICES, SUCH DIVISION 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. 3500                             3

  S 3. Section 66 of the public service law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  CONSULT  WITH  THE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY
SERVICES WHEN THERE IS A PROPOSED SALE OR LEASE OF AN ELECTRIC  GENERAT-
ING 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.