Bill Text: NY A04865 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the director of the office of homeland security and emergency services to conduct a review and analysis of the security measures taken at the transportation facilities of the metropolitan transportation authority and its subsidiaries; requires such director to issue confidential reports of his or her findings and recommendations.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2020-05-22 - print number 4865a [A04865 Detail]

Download: New_York-2019-A04865-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4865
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by M. of A. ROZIC, ABBATE, BLAKE, COLTON, COOK, GALEF, GOTT-
          FRIED, JEAN-PIERRE, M. G. MILLER, MOSLEY, ORTIZ, OTIS  --  Multi-Spon-
          sored  by  -- M. of A. ENGLEBRIGHT, HYNDMAN, PERRY, SIMON -- read once
          and referred to the Committee 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:
     1    Section 1. Paragraph (q) of subdivision 2 of section 709 of the execu-
     2  tive  law,  as amended by section 14 of part B of chapter 56 of the laws
     3  of 2010, is amended to read as follows:
     4    (q) request from any department, division, office, commission or other
     5  agency of the state or any political subdivision thereof, or any  public
     6  authority  or public benefit corporation, and the same are authorized to
     7  provide, such assistance, services and data as may be  required  by  the
     8  division of homeland security and emergency services in carrying out the
     9  purposes  of  this article, subject to applicable laws, rules, and regu-
    10  lations;
    11    § 2. The executive law is amended by adding a new section 719 to  read
    12  as follows:
    13    § 719. Protection of critical infrastructure; metropolitan transporta-
    14  tion  authority  facilities.  1.  Notwithstanding any other provision of
    15  law, the director of the  office  of  homeland  security  and  emergency
    16  services  shall conduct a review and analysis of measures being taken by
    17  the metropolitan  transportation  authority  and  any  other  agency  or
    18  authority  of the state or any political subdivision thereof and, to the
    19  extent practicable, of any federal entity, to protect  the  security  of
    20  critical  infrastructure related to the transportation facilities, which
    21  shall include those facilities set forth  in  subdivision  seventeen  of
    22  section twelve hundred sixty-one of the public authorities law and shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01001-01-9
        A. 4865                             2
     1  also  include,  for purposes of this section, bridges and tunnels of the
     2  metropolitan transportation authority and of all  subsidiaries  of  such
     3  authority.  The director of the office of homeland security and emergen-
     4  cy  services  shall  have  the authority to review any audits or reports
     5  related to the  security  of  such  critical  infrastructure,  including
     6  audits or reports conducted at the request of the metropolitan transpor-
     7  tation  authority  or  any other agency or authority of the state or any
     8  political subdivision thereof or, to  the  extent  practicable,  of  any
     9  federal  entity.  The operators of such transportation facilities shall,
    10  in compliance with any federal  and  state  requirements  regarding  the
    11  dissemination of such information, provide access to the director of the
    12  office  of  homeland  security  and emergency services to such audits or
    13  reports regarding such critical infrastructure provided,  however,  that
    14  exclusive  custody  and  control of such audits and reports shall remain
    15  solely with the operators of such  transportation  facilities.  For  the
    16  purposes  of  this  article,  the term "critical infrastructure" has the
    17  meaning ascribed to that term in subdivision five of section  eighty-six
    18  of the public officers law.
    19    2.  (a)  On  or before December thirty-first, two thousand twenty, and
    20  not later than three years after such date, and every five years  there-
    21  after,  the  director  of  the office of homeland security and emergency
    22  services shall report to the governor, the temporary  president  of  the
    23  senate,  the  speaker of the assembly and the board of any such affected
    24  transportation authority.  Such report shall review the  security  meas-
    25  ures  being taken regarding critical infrastructure related to transpor-
    26  tation facilities, as defined in subdivision seventeen of section twelve
    27  hundred sixty-one of the public authorities law, assess  the  effective-
    28  ness  thereof,  and  include  recommendations  to the legislature or the
    29  metropolitan transportation authority, if the director of the office  of
    30  homeland  security  and  emergency  services  determines that additional
    31  measures  are  required  to  be  implemented,  considering  among  other
    32  factors,  the unique characteristics of each transportation facility. On
    33  or before April thirtieth, two thousand  twenty,  the  director  of  the
    34  office of homeland security and emergency services shall make a prelimi-
    35  nary  report to the governor, the temporary president of the senate, the
    36  speaker of the assembly and the board of any such  affected  transporta-
    37  tion authority.
    38    (b)  Before  the receipt of such report identified in paragraph (a) of
    39  this subdivision, each recipient of such report shall develop  confiden-
    40  tiality  protocols, which shall be binding upon the recipient who issues
    41  the protocols and anyone to whom the  recipient  shows  a  copy  of  the
    42  report,  in  consultation  with  the  director of the office of homeland
    43  security and emergency services for the  maintenance  and  use  of  such
    44  report  so as to ensure the confidentiality of the report and all infor-
    45  mation contained therein, provided, however, that such  protocols  shall
    46  not  be  binding  upon a person who is provided access to such report or
    47  any information contained therein pursuant to section eighty-nine of the
    48  public officers law after a final  determination  that  access  to  such
    49  report or any information contained therein could not be denied pursuant
    50  to  subdivision  two of section eighty-seven of the public officers law.
    51  The director of the office of homeland security and  emergency  services
    52  shall  also develop protocols for his or her office related to the main-
    53  tenance and use of such report so as to ensure  the  confidentiality  of
    54  the  report  and  all information contained therein. On each report, the
    55  director of the office of homeland security and emergency services shall
    56  prominently display the following statement: "this  report  may  contain
        A. 4865                             3
     1  information  that  if disclosed could endanger the life or safety of the
     2  public, and therefore, pursuant to section  seven  hundred  ten  of  the
     3  executive  law,  this  report  is  to be maintained and used in a manner
     4  consistent with protocols established to preserve the confidentiality of
     5  the information contained herein in a manner consistent with law".
     6    (c)   The   metropolitan   transportation  authority  shall  have  the
     7  discretion to require that the recommendations of the  director  of  the
     8  office of homeland security and emergency services be implemented by any
     9  operator of a transportation facility.
    10    § 3. This act shall take effect immediately.