NY State Senate Bill 2015-S2433B

Senate Bill S2433B

2015-2016 Legislative Session

Directs the commissioner of the division of homeland security and emergency services to conduct a review of security of metropolitan transportation authority facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2016	reported and committed to finance
May 02, 2016	print number 2433b
May 02, 2016	amend and recommit to veterans, homeland security and military affairs
Jan 26, 2016	print number 2433a
Jan 26, 2016	amend and recommit to veterans, homeland security and military affairs
Jan 06, 2016	referred to veterans, homeland security and military affairs
Jan 23, 2015	referred to veterans, homeland security and military affairs

Votes

- May 23, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
  S2433B
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: May 23, 2016
      
      aye (12)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Felder
      
      Kaminsky
      
      Larkin
      
      Marchione
      
      Ortt
      
      Sanders Jr.
      
      Serrano
      
      aye wr (1)
      
      Golden

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S2433 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §709, add §719, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1968
2013-2014: S588
2017-2018: S2666

2015-S2433 - Summary

Directs the director of the division 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.

2015-S2433 - Sponsor Memo

                                BILL NUMBER:S2433

TITLE OF BILL:

An act to amend the executive law, in relation to creation of security
measures for the transportation facilities of the metropolitan
transportation authority

PURPOSE OR GENERAL IDEA OF BILL:

To create security measures that would prevent persons from causing
harm through the damage and destruction of the critical infrastructure
of the Metropolitan Transportation Authority.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (q) of subdivision 2 of section 709 of the
executive law to include any public authority or public benefit
corporation among the offices from which the Division of Homeland
Security and Emergency Services may request data or services.

Section 2 adds a new section 719 to the Executive Law requiring the
Director of Homeland Security and Emergency Services to review
security measures taken by the MTA and issue a report on the findings.
The Director would be empowered to mandate compliance with the
recommendations of the report.

JUSTIFICATION:

Recent events have exposed the vulnerability of our mass transit
system to potential dangers. In light of this, it is particularly
important to enact the proper security measures to our transit
infrastructure so that public transit is safe and with security
measures that are not an undue burden on law enforcement agencies. A
thorough review of the security of the MTA is a crucial first step in
achieving those goals.

PRIOR LEGISLATIVE HISTORY:

2014: Senate Bill 588-A (Gianaris)- Died in Senate Veterans, Homeland
Security & Military Affairs Committee
2013: Senate Bill 588 (Gianaris) - Died in Senate Veterans, Homeland
Security & Military Affairs Committee
2012: Senate Bill 1968-A (Gianaris) - Died in Senate Rules Committee
2013: Assembly Bill 2449 (Rozic) - Died in Assembly Government
Operations Committee
2012: Assembly Bill 1649-A (Kavanagh)Died in Assembly Government
Operations Committee
2010: Assembly Bill 5233 (Gianaris) - Died in Assembly Government
Operations Committee
2008: Assembly Bill 1833 (Gianaris) - Died in Assembly Government
Operations Committee
2006: Assembly Bill 6211-C (Gianaris) - Died in Assembly Ways and
Means Committee

FISCAL IMPLICATIONS:


To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2433 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2433

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

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;
  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00322-01-5

S. 2433                             2

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  SIXTEEN,  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 SIXTEEN,  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-
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

S. 2433                             3

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.

co-Sponsors

2015-S2433A - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §709, add §719, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1968
2013-2014: S588
2017-2018: S2666

2015-S2433A - Summary

2015-S2433A - Sponsor Memo

                                 BILL NUMBER:  S2433A

 TITLE OF BILL :

An act to amend the executive law, in relation to creation of security
measures for the transportation facilities of the metropolitan
transportation authority

 PURPOSE OR GENERAL IDEA OF BILL :

To create security measures that would prevent persons from causing
harm through the damage and destruction of the critical infrastructure
of the Metropolitan Transportation Authority.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends paragraph (q) of subdivision 2 of section 709 of the
executive law to include any public authority or public benefit
corporation among the offices from which the Division of Homeland
Security and Emergency Services may request data or services.

Section 2 adds a new section 719 to the Executive Law requiring the
Director of Homeland Security and Emergency Services to review
security measures taken by the MTA and issue a report on the findings.
The Director would be empowered to mandate compliance with the
recommendations of the report.

 JUSTIFICATION :

Recent events have exposed the vulnerability of our mass transit
system to potential dangers. In light of this, it is particularly
important to enact the proper security measures to our transit
infrastructure so that public transit is safe and with security
measures that are not an undue burden on law enforcement agencies. A
thorough review of the security of the MTA is a crucial first step in
achieving those goals.

 PRIOR LEGISLATIVE HISTORY :

2014: Senate Bill 588-A (Gianaris) - Died in Senate Veterans, Homeland
Security & Military Affairs Committee
2013: Senate Bill 588 (Gianaris) - Died in Senate Veterans, Homeland
Security & Military Affairs Committee
2012: Senate Bill 1968-A (Gianaris) - Died in Senate Rules Committee
2013: Assembly Bill 2449 (Rozic) - Died in Assembly Government
Operations Committee
2012: Assembly Bill 1649-A (Kavanagh) Died in Assembly Government
Operations Committee
2010: Assembly Bill 5233 (Gianaris) - Died in Assembly Government
Operations Committee
2008: Assembly Bill 1833 (Gianaris) - Died in Assembly Government
Operations Committee
2006: Assembly Bill Committee 6211-C (Gianaris) - Died in Assembly
Ways and Means

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2433A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2433--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

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 -- recommitted to the Committee
  on Veterans, Homeland Security and Military Affairs in accordance with
  Senate  Rule  6, sec. 8 -- 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
EXTENT PRACTICABLE, OF ANY FEDERAL ENTITY, TO PROTECT  THE  SECURITY  OF
CRITICAL  INFRASTRUCTURE RELATED TO THE TRANSPORTATION FACILITIES, WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00322-02-6

S. 2433--A                          2

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-
TENANCE  AND  USE  OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIALITY OF
THE REPORT AND ALL INFORMATION CONTAINED THEREIN. ON  EACH  REPORT,  THE

S. 2433--A                          3

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.

co-Sponsors

2015-S2433B (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §709, add §719, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1968
2013-2014: S588
2017-2018: S2666

2015-S2433B (ACTIVE) - Summary

2015-S2433B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2433B

 TITLE OF BILL :

An act to amend the executive law, in relation to creation of security
measures for the transportation facilities of the metropolitan
transportation authority

 PURPOSE OR GENERAL IDEA OF BILL :

To create security measures that would prevent persons from causing
harm through the damage and destruction of the critical infrastructure
of the Metropolitan Transportation Authority.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends paragraph (q) of subdivision 2 of section 709 of the
executive law to include any public authority or public benefit
corporation among the offices from which the Division of Homeland
Security and Emergency Services may request data or services.

Section 2 adds a new section 719 to the Executive Law requiring the
Commissioner of Homeland Security and Emergency Services to review
security measures taken by the MTA and issue a report on the findings.
The Commissioner would be empowered to mandate compliance with the
recommendations of the report.

 JUSTIFICATION :

Recent events have exposed the vulnerability of our mass transit
system to potential dangers. In light of this, it is particularly
important to enact the proper security measures to our transit
infrastructure so that public transit is safe and with security
measures that are not an undue burden on law enforcement agencies. A
thorough review of the security of the MTA is a crucial first step in
achieving those goals.

 PRIOR LEGISLATIVE HISTORY :

2015: S2433 (Gianaris) - Died in Senate Veterans, Homeland Security &
Military Affairs
2014: Senate Bill 588-A (Gianaris)- Died in Senate Veterans, Homeland
Security & Military Affairs Committee
2013: Senate Bill 588 (Gianaris) - Died in Senate Veterans, Homeland
Security & Military Affairs Committee
2012: Senate Bill 1968-A (Gianaris) - Died in Senate Rules Committee

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2433B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2433--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

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 -- recommitted to the Committee
  on Veterans, Homeland Security and Military Affairs in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00322-08-6

S. 2433--B                          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  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 SEVENTEEN, AND
NOT LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS  THERE-
AFTER,  THE  COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY 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 FOURTEEN OF SECTION
TWELVE  HUNDRED  SIXTY-ONE  OF  THE  PUBLIC  AUTHORITIES LAW, ASSESS THE
EFFECTIVENESS THEREOF, AND INCLUDE RECOMMENDATIONS TO THE LEGISLATURE 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 FACILI-
TY,  AND  IF SUCH COMMISSIONER DETERMINES THAT THE IMMEDIATE IMPLEMENTA-
TION OF ANY OR ALL SUCH RECOMMENDATIONS IS NECESSARY  TO  GUARANTEE  THE
SAFETY AND SECURITY OF ANY SUCH CRITICAL INFRASTRUCTURE, HE OR SHE SHALL
IMMEDIATELY DIRECT SUCH TRANSPORTATION AUTHORITY TO IMPLEMENT HIS OR HER
RECOMMENDATIONS.   ON OR BEFORE APRIL THIRTIETH, TWO THOUSAND SEVENTEEN,
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

S. 2433--B                          3

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 HIS OR HER DIVISION RELATED TO
THE MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE THE CONFIDENTIAL-
ITY 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  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 CONFIDEN-
TIALITY 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.
  S 3. This act shall take effect immediately.

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Senate Bill S2433B

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Toby Ann Stavisky

2015-S2433 - Details

2015-S2433 - Summary

2015-S2433 - Sponsor Memo

2015-S2433 - Bill Text download pdf

co-Sponsors

Toby Ann Stavisky

2015-S2433A - Details

2015-S2433A - Summary

2015-S2433A - Sponsor Memo

2015-S2433A - Bill Text download pdf

co-Sponsors

Toby Ann Stavisky

2015-S2433B (ACTIVE) - Details

2015-S2433B (ACTIVE) - Summary

2015-S2433B (ACTIVE) - Sponsor Memo

2015-S2433B (ACTIVE) - Bill Text download pdf

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