Bill Text: NY S01128 | 2021-2022 | General Assembly | Introduced


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 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S01128 Detail]

Download: New_York-2021-S01128-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1128

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 7, 2021
                                       ___________

        Introduced by Sens. GIANARIS, KAPLAN, STAVISKY -- read twice and ordered
          printed,  and  when printed to be committed to the Committee on Veter-
          ans, 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:

     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
    23  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.
                                                                   LBD03287-01-1

        S. 1128                             2

     1  metropolitan transportation authority and of all  subsidiaries  of  such
     2  authority.  The director of the office of homeland security and emergen-
     3  cy  services  shall  have  the authority to review any audits or reports
     4  related  to  the  security  of  such  critical infrastructure, including
     5  audits or reports conducted at the request of the metropolitan transpor-
     6  tation authority or any other agency or authority of the  state  or  any
     7  political  subdivision  thereof  or,  to  the extent practicable, of any
     8  federal entity. The operators of such transportation  facilities  shall,
     9  in  compliance  with  any  federal  and state requirements regarding the
    10  dissemination of such information, provide access to the director of the
    11  office of homeland security and emergency services  to  such  audits  or
    12  reports  regarding  such critical infrastructure provided, however, that
    13  exclusive custody and control of such audits and  reports  shall  remain
    14  solely  with  the  operators  of such transportation facilities. For the
    15  purposes of this article, the term  "critical  infrastructure"  has  the
    16  meaning  ascribed to that term in subdivision five of section eighty-six
    17  of the public officers law.
    18    2. (a) On or before December thirty-first, two thousand  twenty-three,
    19  and  not  later  than  three years after such date, and every five years
    20  thereafter, the director of the office of homeland security and emergen-
    21  cy services shall report to the governor, the temporary president of the
    22  senate, the speaker of the assembly and the board of any  such  affected
    23  transportation  authority.   Such report shall review the security meas-
    24  ures being taken regarding critical infrastructure related to  transpor-
    25  tation facilities, as defined in subdivision seventeen of section twelve
    26  hundred  sixty-one  of the public authorities law, assess the effective-
    27  ness thereof, and include recommendations  to  the  legislature  or  the
    28  metropolitan  transportation authority, if the director of the office of
    29  homeland security and  emergency  services  determines  that  additional
    30  measures  are  required  to  be  implemented,  considering  among  other
    31  factors, the unique characteristics of each transportation facility.  On
    32  or  before  April  thirtieth, two thousand twenty-three, the director of
    33  the office of homeland security and  emergency  services  shall  make  a
    34  preliminary  report  to  the  governor,  the  temporary president of the
    35  senate, the speaker of the assembly and the board of any  such  affected
    36  transportation authority.
    37    (b)  Before  the receipt of such report identified in paragraph (a) of
    38  this subdivision, each recipient of such report shall develop  confiden-
    39  tiality  protocols, which shall be binding upon the recipient who issues
    40  the protocols and anyone to whom the  recipient  shows  a  copy  of  the
    41  report,  in  consultation  with  the  director of the office of homeland
    42  security and emergency services for the  maintenance  and  use  of  such
    43  report  so as to ensure the confidentiality of the report and all infor-
    44  mation contained therein, provided, however, that such  protocols  shall
    45  not  be  binding  upon a person who is provided access to such report or
    46  any information contained therein pursuant to section eighty-nine of the
    47  public officers law after a final  determination  that  access  to  such
    48  report or any information contained therein could not be denied pursuant
    49  to  subdivision  two of section eighty-seven of the public officers law.
    50  The director of the office of homeland security and  emergency  services
    51  shall  also develop protocols for his or her office related to the main-
    52  tenance and use of such report so as to ensure  the  confidentiality  of
    53  the  report  and  all information contained therein. On each report, the
    54  director of the office of homeland security and emergency services shall
    55  prominently display the following statement: "this  report  may  contain
    56  information  that  if disclosed could endanger the life or safety of the

        S. 1128                             3

     1  public, and therefore, pursuant to section  seven  hundred  ten  of  the
     2  executive  law,  this  report  is  to be maintained and used in a manner
     3  consistent with protocols established to preserve the confidentiality of
     4  the information contained herein in a manner consistent with law".
     5    (c)   The   metropolitan   transportation  authority  shall  have  the
     6  discretion to require that the recommendations of the  director  of  the
     7  office of homeland security and emergency services be implemented by any
     8  operator of a transportation facility.
     9    §  3.  This  act shall take effect on the ninetieth day after it shall
    10  have have become a law.
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