§ 716. Protection of critical infrastructure; commercial aviation,
petroleum and natural gas fuel transmission facilities and pipelines.
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,
including 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
commercial 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 aviation fuel, petroleum or natural gas transmission
facilities and pipelines. 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 eleven, 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, the
public service commission, and the operator of any such affected
commercial aviation fuel, petroleum or natural gas transmission facility
or pipeline. Such report shall review the security measures being taken
regarding critical infrastructure related to commercial aviation fuel,
petroleum or natural gas transmission facilities and pipelines, assess
the effectiveness thereof, and include recommendations to the
legislature, the public service commission, or the operator of a
commercial aviation fuel, petroleum or natural gas transmission facility
or pipeline, or any appropriate state or federal regulating entity or
agency 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 commercial aviation fuel, petroleum or natural
gas transmission facility or pipeline.

(b) Before the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop
confidentiality 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
homeland security and emergency services for the maintenance and use of
such report so as to ensure the confidentiality of the report and all
information contained therein, provided, however, that such report and
any information contained or used in its preparation shall be exempt and
not made available pursuant to article six of the public officers law.
The commissioner of the division of homeland security and emergency
services shall also develop protocols for his or her office related to
the maintenance and use of such report so as to ensure the
confidentiality 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 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 public service commission shall have the discretion to
require, through regulation or otherwise, that the recommendations of
the commissioner of the division of homeland security and emergency
services be implemented at an affected commercial aviation fuel,
petroleum or natural gas transmission facility or pipeline.

(d) The division of homeland security and emergency services shall
receive necessary appropriations for the performance of its duties
pursuant to this section.