S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    574
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. ROZIC, ABBATE, COLTON, COOK, GALEF, GOTTFRIED,
   JEAN-PIERRE, OTIS, GRIFFIN -- Multi-Sponsored by -- M.  of  A.  ENGLE-
   BRIGHT, HYNDMAN, PERRY, SIMON -- read once and referred to the Commit-
   tee on Governmental Operations

 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;
   §  2. The executive law is amended by adding a new section 719 to read
 as follows:
   § 719. 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
 CRITICAL INFRASTRUCTURE RELATED TO THE TRANSPORTATION FACILITIES,  WHICH
 SHALL  INCLUDE  THOSE  FACILITIES  SET FORTH IN SUBDIVISION SEVENTEEN OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03287-01-1

 A. 574                              2
 
 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 TWENTY-THREE,
 AND NOT LATER THAN THREE YEARS AFTER SUCH DATE,  AND  EVERY  FIVE  YEARS
 THEREAFTER, THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGEN-
 CY 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 SEVENTEEN 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 TWENTY-THREE,  THE  DIRECTOR  OF
 THE  OFFICE  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES SHALL MAKE A
 PRELIMINARY REPORT TO THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  THE  SPEAKER OF THE ASSEMBLY AND THE BOARD OF ANY SUCH AFFECTED
 TRANSPORTATION 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
 THE REPORT AND ALL INFORMATION CONTAINED THEREIN. ON  EACH  REPORT,  THE
 DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL

 A. 574                              3

 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have have become a law.