Senate Bill S5136

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5136
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by Sens. GIANARIS, STAVISKY -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Veterans,
   Homeland Security and Military Affairs
 
 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 720 to read
 as follows:
   § 720. PROTECTION OF CRITICAL INFRASTRUCTURE; METROPOLITAN TRANSPORTA-
 TION AUTHORITY FACILITIES. 1. NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
 LAW, THE COMMISSIONER OF THE DIVISION 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
 SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW AND SHALL
 ALSO  INCLUDE,  FOR PURPOSES OF THIS SECTION, BRIDGES AND TUNNELS OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01806-01-5
              

 S. 5136                             2
 
 METROPOLITAN TRANSPORTATION AUTHORITY AND OF ALL  SUBSIDIARIES  OF  SUCH
 AUTHORITY.    THE  COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES SHALL HAVE THE AUTHORITY  TO  REVIEW  ANY  AUDITS  OR
 REPORTS RELATED TO THE SECURITY OF SUCH CRITICAL INFRASTRUCTURE, INCLUD-
 ING  AUDITS  OR  REPORTS  CONDUCTED  AT  THE REQUEST OF THE METROPOLITAN
 TRANSPORTATION 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 COMMISSION-
 ER OF THE DIVISION 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 FACILI-
 TIES. FOR THE PURPOSES OF THIS ARTICLE, THE TERM  "CRITICAL  INFRASTRUC-
 TURE"  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-SIX,
 AND  NOT  LATER  THAN  THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS
 THEREAFTER, THE COMMISSIONER OF THE DIVISION 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 SECURI-
 TY MEASURES BEING TAKEN REGARDING  CRITICAL  INFRASTRUCTURE  RELATED  TO
 TRANSPORTATION  FACILITIES,  AS  DEFINED  IN  SUBDIVISION  SEVENTEEN  OF
 SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES  LAW,  ASSESS
 THE  EFFECTIVENESS  THEREOF, AND INCLUDE RECOMMENDATIONS TO THE LEGISLA-
 TURE OR THE METROPOLITAN TRANSPORTATION AUTHORITY, IF  THE  COMMISSIONER
 OF  THE  DIVISION 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-SIX,  THE
 COMMISSIONER OF THE DIVISION 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 COMMISSIONER OF THE DIVISION  OF  HOME-
 LAND 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 COMMISSIONER OF THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
 SERVICES  SHALL  ALSO  DEVELOP PROTOCOLS FOR THEIR OFFICE RELATED TO THE
 MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE  THE  CONFIDENTIALITY
 OF THE REPORT AND ALL INFORMATION CONTAINED THEREIN. ON EACH REPORT, THE
 COMMISSIONER OF THE DIVISION 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
 S. 5136                             3
 
 OF  THE  PUBLIC, AND THEREFORE, PURSUANT TO SECTION SEVEN HUNDRED ELEVEN
 OF THIS ARTICLE, 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  COMMISSIONER  OF
 THE  DIVISION 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 become a law.