Bill Text: NY S04440 | 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 3-0)

Status: (Engrossed - Dead) 2020-03-10 - PRINT NUMBER 4440A [S04440 Detail]

Download: New_York-2019-S04440-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4440
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 11, 2019
                                       ___________
        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:
     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.
                                                                   LBD01001-01-9
        S. 4440                             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,  and
    19  not  later than three years after such date, and every five years there-
    20  after, the director of the office of  homeland  security  and  emergency
    21  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, the director of the
    33  office of homeland security and emergency services shall make a prelimi-
    34  nary report to the governor, the temporary president of the senate,  the
    35  speaker  of  the assembly and the board of any such affected transporta-
    36  tion 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. 4440                             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 immediately.