S T A T E O F N E W Y O R K
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448--B
Cal. No. 981
2023-2024 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2023
___________
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 -- reported favorably from said
committee, ordered to first report, amended on first report, ordered
to a second report and ordered reprinted, retaining its place in the
order of second report -- reported favorably from said committee,
amended on second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
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 720 to read
as follows:
§ 720. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02578-05-3
S. 448--B 2
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
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 TWENTY-FIVE,
AND NOT LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS
THEREAFTER, THE COMMISSIONER OF THE DIVISION 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 SECURI-
TY MEASURES BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE RELATED TO
TRANSPORTATION FACILITIES, AS DEFINED IN SUBDIVISION SEVENTEEN OF
SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW, ASSESS
THE EFFECTIVENESS THEREOF, AND INCLUDE RECOMMENDATIONS TO THE LEGISLA-
TURE 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
FACILITY. ON OR BEFORE APRIL THIRTIETH, TWO THOUSAND TWENTY-FIVE, 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
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
S. 448--B 3
SERVICES SHALL ALSO DEVELOP PROTOCOLS FOR HIS OR HER OFFICE 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
ELEVEN OF THIS ARTICLE, 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.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
