S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7364
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2023
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the executive law, in relation to the security and cyber
   security of certain critical infrastructure
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  713 of the executive law, as
 amended by section 16 of part B of chapter 56 of the laws  of  2010,  is
 amended to read as follows:
   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  public  service
 commission  and  any other agency or authority of the state or any poli-
 tical subdivision thereof and, to the extent practicable, of any federal
 entity, to protect the security, AND CYBER SECURITY, of critical infras-
 tructure related to energy generation and  transmission  located  within
 the  state.  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 public service
 commission or any other agency or authority of the state  or  any  poli-
 tical  subdivision thereof or, to the extent practicable, of any federal
 entity. The owners and operators of such  energy  generating  or  trans-
 mission  facilities  shall,  in  compliance  with  any federal and state
 requirements regarding the dissemination of  such  information,  provide
 access  to  the  commissioner  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 owners  and  opera-
 tors  of  such  energy  generating  or  transmission facilities. For the
 purposes of this article, the term  "critical  infrastructure"  has  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11392-01-3
              

 A. 7364                             2
 
 meaning  ascribed to that term in subdivision five of section eighty-six
 of the public officers law.
   §  2. Subdivision 1 of section 714 of the executive law, as amended by
 section 17 of part B of chapter 56 of the laws of 2010,  is  amended  to
 read as follows:
   1.  Notwithstanding  any  other  provision  of  law and subject to the
 availability of an appropriation, the commissioner of  the  division  of
 homeland  security  and  emergency  services  shall conduct a review and
 analysis of measures being taken by the owners and operators of  facili-
 ties  identified  pursuant  to  paragraph (b) of subdivision two of this
 section to protect the security, AND CYBER SECURITY, of critical infras-
 tructure related to such facilities. The commissioner of the division of
 homeland security and emergency services shall  have  the  authority  to
 review  all  audits  or reports related to the security of such critical
 infrastructure, including all such audits or reports mandated  by  state
 and  federal  law  or regulation, including spill prevention reports and
 risk management plans, audits and reports conducted at  the  request  of
 the  department  of  environmental conservation or at the request of any
 federal entity, or any other agency or authority of  the  state  or  any
 political subdivision thereof, and reports prepared by owners and opera-
 tors  of such facilities as required in this subdivision. The owners and
 operators of such facilities shall, in compliance with any  federal  and
 state  requirements  regarding  the  dissemination  of such information,
 provide access to the commissioner of the division of homeland  security
 and  emergency  services to such audits and reports regarding such crit-
 ical infrastructure provided, however, exclusive custody and control  of
 such  audits  and reports shall remain solely with the owners and opera-
 tors of such facilities to the extent not inconsistent  with  any  other
 law.  For  the  purposes of this section, the term "critical infrastruc-
 ture" has the meaning ascribed to  that  term  in  subdivision  five  of
 section eighty-six of the public officers law.
   §  3. Subdivision 1 of section 716 of the executive law, as amended by
 section 19 of part B of chapter 56 of the laws of 2010,  is  amended  to
 read as follows:
   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  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,  AND
 CYBER   SECURITY,  of  critical  infrastructure  related  to  commercial
 aviation fuel, petroleum and natural  gas  transmission  facilities  and
 pipelines  in  this  state  which are not located upon the premises of a
 commercial airport. As deemed  appropriate  by  such  commissioner,  the
 division  of  homeland  security  and  emergency services shall have the
 authority to physically inspect the premises and review  any  audits  or
 reports related to the security of such critical infrastructure, includ-
 ing  audits  or  reports conducted at the request of 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 commer-
 cial aviation fuel, petroleum or natural gas transmission facilities and
 pipelines  shall,  in compliance with any federal and state requirements
 regarding the dissemination of such information, provide access  to  the
 commissioner 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  commercial
 A. 7364                             3
 
 aviation  fuel,  petroleum  or  natural  gas transmission facilities and
 pipelines. For the purposes of this article, the term "critical  infras-
 tructure"  has  the meaning ascribed to that term in subdivision five of
 section eighty-six of the public officers law.
   § 4. This act shall take effect immediately.