S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1343
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. ROZIC, ABBATE, BLAKE, COLTON, COOK, GALEF, GOTT-
   FRIED, HOOPER, JEAN-PIERRE,  KAVANAGH,  M. G. MILLER,  MOSLEY,  ORTIZ,
   OTIS  --  Multi-Sponsored  by -- M. of A. ENGLEBRIGHT, HYNDMAN, PERRY,
   SIMON -- read once and referred to the Committee on Governmental Oper-
   ations

 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;
   § 2. The executive law is amended by adding a new section 719 to  read
 as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00526-01-7

 A. 1343                             2
 
 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 EIGHTEEN, 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 EIGHTEEN, 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

 A. 1343                             3

 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.
   § 3. This act shall take effect immediately.