S T A T E   O F   N E W   Y O R K
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                                 276--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ROZIC, KAVANAGH, COLTON, COOK, GALEF, HOOPER,
  MILLER -- Multi-Sponsored by --  M.  of  A.  ABBATE,  BRENNAN,  ORTIZ,
  PERRY,  ROBINSON -- read once and referred to the Committee on Govern-
  mental Operations -- recommitted  to  the  Committee  on  Governmental
  Operations  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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;
  S 2. The executive law is amended by adding a new section 719 to  read
as follows:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00322-03-6

A. 276--A                           2

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  FOURTEEN  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
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 SEVENTEEN, AND
NOT  LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS THERE-
AFTER, THE DIRECTOR OF THE OFFICE 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 SECURITY MEAS-
URES BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE RELATED TO  TRANSPOR-
TATION  FACILITIES, AS DEFINED IN SUBDIVISION FOURTEEN 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 SEVENTEEN, THE DIRECTOR  OF  THE
OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL MAKE A PRELIMI-
NARY  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY AND THE BOARD OF ANY SUCH  AFFECTED  TRANSPORTA-
TION 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-

A. 276--A                           3

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
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.
  S 3. This act shall take effect immediately.