S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1128
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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  SEVENTEEN  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.
              

                                                            LBD03287-01-1

 S. 1128                             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  TWENTY-THREE,
 AND  NOT  LATER  THAN  THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS
 THEREAFTER, THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGEN-
 CY 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 SEVENTEEN 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 TWENTY-THREE, THE DIRECTOR OF
 THE OFFICE 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  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. 1128                             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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have have become a law.