Bill Text: NY S01968 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the director of the division of homeland security and emergency services to conduct a review and analysis of the security measures taken at the transportation facilities of the metropolitan transportation authority and its subsidiaries; requires such director to issue confidential reports of his or her findings and recommendations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S01968 Detail]

Download: New_York-2011-S01968-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1968--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military Affairs -- recommitted to the Committee  on  Veterans,
         Homeland  Security and Military Affairs in accordance with Senate Rule
         6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
         amended and recommitted to said committee
       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:
    1    Section 1. Paragraph (q) of subdivision 2 of section 709 of the execu-
    2  tive law, as amended by section 14 of part B of chapter 56 of  the  laws
    3  of 2010, is amended to read as follows:
    4    (q) request from any department, division, office, commission or other
    5  agency  of the state or any political subdivision thereof, OR ANY PUBLIC
    6  AUTHORITY OR PUBLIC BENEFIT CORPORATION, and the same are authorized  to
    7  provide,  such  assistance,  services and data as may be required by the
    8  division of homeland security and emergency services in carrying out the
    9  purposes of this article, subject to applicable laws, rules,  and  regu-
   10  lations;
   11    S  2. The executive law is amended by adding a new section 718 to read
   12  as follows:
   13    S 718. PROTECTION OF CRITICAL INFRASTRUCTURE; METROPOLITAN TRANSPORTA-
   14  TION AUTHORITY FACILITIES. 1. NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
   15  LAW,  THE  DIRECTOR  OF  THE  OFFICE  OF HOMELAND SECURITY AND EMERGENCY
   16  SERVICES SHALL CONDUCT A REVIEW AND ANALYSIS OF MEASURES BEING TAKEN  BY
   17  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  AND  ANY  OTHER  AGENCY OR
   18  AUTHORITY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AND, TO  THE
   19  EXTENT  PRACTICABLE,  OF  ANY FEDERAL ENTITY, TO PROTECT THE SECURITY OF
   20  CRITICAL INFRASTRUCTURE RELATED TO THE TRANSPORTATION FACILITIES,  WHICH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04806-02-1
       S. 1968--A                          2
    1  SHALL  INCLUDE  THOSE  FACILITIES  SET  FORTH IN SUBDIVISION FOURTEEN OF
    2  SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW AND SHALL
    3  ALSO INCLUDE, FOR PURPOSES OF THIS SECTION, BRIDGES AND TUNNELS  OF  THE
    4  METROPOLITAN  TRANSPORTATION  AUTHORITY  AND OF ALL SUBSIDIARIES OF SUCH
    5  AUTHORITY.  THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGEN-
    6  CY SERVICES SHALL HAVE THE AUTHORITY TO REVIEW  ANY  AUDITS  OR  REPORTS
    7  RELATED  TO  THE  SECURITY  OF  SUCH  CRITICAL INFRASTRUCTURE, INCLUDING
    8  AUDITS OR REPORTS CONDUCTED AT THE REQUEST OF THE METROPOLITAN TRANSPOR-
    9  TATION AUTHORITY OR ANY OTHER AGENCY OR AUTHORITY OF THE  STATE  OR  ANY
   10  POLITICAL  SUBDIVISION  THEREOF  OR,  TO  THE EXTENT PRACTICABLE, OF ANY
   11  FEDERAL ENTITY. THE OPERATORS OF SUCH TRANSPORTATION  FACILITIES  SHALL,
   12  IN  COMPLIANCE  WITH  ANY  FEDERAL  AND STATE REQUIREMENTS REGARDING THE
   13  DISSEMINATION OF SUCH INFORMATION, PROVIDE ACCESS TO THE DIRECTOR OF THE
   14  OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES  TO  SUCH  AUDITS  OR
   15  REPORTS  REGARDING  SUCH CRITICAL INFRASTRUCTURE PROVIDED, HOWEVER, THAT
   16  EXCLUSIVE CUSTODY AND CONTROL OF SUCH AUDITS AND  REPORTS  SHALL  REMAIN
   17  SOLELY  WITH  THE  OPERATORS  OF SUCH TRANSPORTATION FACILITIES. FOR THE
   18  PURPOSES OF THIS ARTICLE, THE TERM  "CRITICAL  INFRASTRUCTURE"  HAS  THE
   19  MEANING  ASCRIBED TO THAT TERM IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX
   20  OF THE PUBLIC OFFICERS LAW.
   21    2. (A) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN,  AND
   22  NOT  LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS THERE-
   23  AFTER, THE DIRECTOR OF THE OFFICE OF  HOMELAND  SECURITY  AND  EMERGENCY
   24  SERVICES  SHALL  REPORT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
   25  SENATE, THE SPEAKER OF THE ASSEMBLY AND THE BOARD OF ANY  SUCH  AFFECTED
   26  TRANSPORTATION  AUTHORITY.   SUCH REPORT SHALL REVIEW THE SECURITY MEAS-
   27  URES BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE RELATED TO  TRANSPOR-
   28  TATION  FACILITIES, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWELVE
   29  HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW, ASSESS  THE  EFFECTIVE-
   30  NESS  THEREOF,  AND  INCLUDE  RECOMMENDATIONS  TO THE LEGISLATURE OR THE
   31  METROPOLITAN TRANSPORTATION AUTHORITY, IF THE DIRECTOR OF THE OFFICE  OF
   32  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  DETERMINES THAT ADDITIONAL
   33  MEASURES  ARE  REQUIRED  TO  BE  IMPLEMENTED,  CONSIDERING  AMONG  OTHER
   34  FACTORS,  THE UNIQUE CHARACTERISTICS OF EACH TRANSPORTATION FACILITY. ON
   35  OR BEFORE APRIL THIRTIETH, TWO THOUSAND THIRTEEN, THE  DIRECTOR  OF  THE
   36  OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL MAKE A PRELIMI-
   37  NARY  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
   38  SPEAKER OF THE ASSEMBLY AND THE BOARD OF ANY SUCH  AFFECTED  TRANSPORTA-
   39  TION AUTHORITY.
   40    (B)  BEFORE  THE RECEIPT OF SUCH REPORT IDENTIFIED IN PARAGRAPH (A) OF
   41  THIS SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP  CONFIDEN-
   42  TIALITY  PROTOCOLS, WHICH SHALL BE BINDING UPON THE RECIPIENT WHO ISSUES
   43  THE PROTOCOLS AND ANYONE TO WHOM THE  RECIPIENT  SHOWS  A  COPY  OF  THE
   44  REPORT,  IN  CONSULTATION  WITH  THE  DIRECTOR OF THE OFFICE OF HOMELAND
   45  SECURITY AND EMERGENCY SERVICES FOR THE  MAINTENANCE  AND  USE  OF  SUCH
   46  REPORT  SO AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND ALL INFOR-
   47  MATION CONTAINED THEREIN, PROVIDED, HOWEVER, THAT SUCH  PROTOCOLS  SHALL
   48  NOT  BE  BINDING  UPON A PERSON WHO IS PROVIDED ACCESS TO SUCH REPORT OR
   49  ANY INFORMATION CONTAINED THEREIN PURSUANT TO SECTION EIGHTY-NINE OF THE
   50  PUBLIC OFFICERS LAW AFTER A FINAL  DETERMINATION  THAT  ACCESS  TO  SUCH
   51  REPORT OR ANY INFORMATION CONTAINED THEREIN COULD NOT BE DENIED PURSUANT
   52  TO  SUBDIVISION  TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
   53  THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND  EMERGENCY  SERVICES
   54  SHALL  ALSO DEVELOP PROTOCOLS FOR HIS OR HER OFFICE RELATED TO THE MAIN-
   55  TENANCE AND USE OF SUCH REPORT SO AS TO ENSURE  THE  CONFIDENTIALITY  OF
   56  THE  REPORT  AND  ALL INFORMATION CONTAINED THEREIN. ON EACH REPORT, THE
       S. 1968--A                          3
    1  DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
    2  PROMINENTLY DISPLAY THE FOLLOWING STATEMENT: "THIS  REPORT  MAY  CONTAIN
    3  INFORMATION  THAT  IF DISCLOSED COULD ENDANGER THE LIFE OR SAFETY OF THE
    4  PUBLIC,  AND  THEREFORE,  PURSUANT  TO  SECTION SEVEN HUNDRED TEN OF THE
    5  EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED  AND  USED  IN  A  MANNER
    6  CONSISTENT WITH PROTOCOLS ESTABLISHED TO PRESERVE THE CONFIDENTIALITY OF
    7  THE INFORMATION CONTAINED HEREIN IN A MANNER CONSISTENT WITH LAW".
    8    (C)   THE   METROPOLITAN   TRANSPORTATION  AUTHORITY  SHALL  HAVE  THE
    9  DISCRETION TO REQUIRE THAT THE RECOMMENDATIONS OF THE  DIRECTOR  OF  THE
   10  OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES BE IMPLEMENTED BY ANY
   11  OPERATOR OF A TRANSPORTATION FACILITY.
   12    S 3. This act shall take effect immediately.