Increases the powers and duties of state office of homeland security by giving it the power to decide if the sale, lease or operation of any critical infrastructure owned by the state or public authority or an electric generating facility would threaten public security; establishes a critical infrastructure advisory council.
TITLE OF BILL: An act to amend the executive law, in relation to giving the state office of homeland security the power to decide if the sale, lease or operation of state-owned critical infrastructure would threaten public security and establishing the critical infrastructure advisory council; to amend the public service law, in relation to requiring the public service commission to consult with the office of homeland security whenever there is a proposed sale or lease of an electric generating facility; and to amend the public officers law, in relation to the definition of critical infrastructure
PURPOSE: To ensure that the sale of operational rights of critical infrastructure or the sale of state-owned infrastructure does not threaten public security.
SUMMARY OF PROVISIONS: Section One - Adds new paragraphs (j) and (j-1) of subdivision 2 of section 709 of the executive law to allow the director of the office of homeland security, in conjunction with the critical infrastructure advisory council, to decide if the sale of state-owned critical infrastructure poses a threat to public security.
Section Two - Amends the executive law by creating a new section 718 which establishes the Critical Infrastructure Advisory Council. This section also lays out powers and limitations of said council; including, the power to prohibit or approve the transfer of the rights of critical infrastructure.
Section Three - Amends section 66 of the public service law by adding a new subdivision 29 which directs the public service commission to consult with the Division of Homeland Security when there is a proposed sale or lease of an electric generating facility.
Section Four - Amends subdivision 5 of section 86 of the public offices law by expanding the definition of critical infrastructure to include nuclear facilities, power plants, telecommunications systems, mass transportation systems, public roadways, railways, bridges and tunnels, marine terminals, airports, heliports and other aircraft facilities, water suppliers, prisons and jails.
Section Five - This act would take effect immediately.
JUSTIFICATION: This bill requires that the sale of any state-owned facility be reviewed by the director of the office of home1and security to determine if its sale jeopardizes public security. Although, 85% of the nation's critical infrastructure is in the hands of the private sector, the remaining 15% is some of the most important to our economy and our livelihood.
The state, including public authorities, owns bridges, tunnels and dams that prove vital to the state's economy. The Dubai Ports World episode showed us that government needs to take an active role to
ensure that critical infrastructure is kept safe. While the owner of the Dubai Ports company may have had the best of intentions, it became clear that following 9/11 that government needs to focus on security breaches on some of the most vulnerable spots, where the risk and consequence of a terrorist attack are greatest.
The devastation that could result from the destruction of a bridge or dam could be catastrophic for the lives of New Yorkers and the economy. This legislation provides a method to ensure that critical infrastructure when transferred is safe and secure.
LEGISLATIVE HISTORY: 2007 - S.3637 Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5272 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, in relation to giving the state office of homeland security the power to decide if the sale, lease or operation of state-owned critical infrastructure would threaten public security and establishing the critical infrastructure advisory coun- cil; to amend the public service law, in relation to requiring the public service commission to consult with the office of homeland secu- rity whenever there is a proposed sale or lease of an electric gener- ating facility; and to amend the public officers law, in relation to the definition of critical infrastructure THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (j) 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 and a new paragraph (j-1) is added to read as follows: (j) work with local, state and federal agencies and private entities to conduct assessments of the vulnerability of critical infrastructure, AS DEFINED IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX OF THE PUBLIC OFFI- CERS LAW, to terrorist attack and other natural and man-made disasters,
[including, but not limited to, nuclear facilities, power plants, tele- communications systems, mass transportation systems, public roadways, railways, bridges and tunnels,]and develop strategies that may be used to protect such infrastructure from terrorist attack and other natural and man-made disasters; (J-1) DECIDE, IF AND TO THE EXTENT REQUIRED BY SECTION SEVEN HUNDRED EIGHTEEN OF THIS ARTICLE, UPON A VOTE OF THE CRITICAL INFRASTRUCTURE ADVISORY COUNCIL ESTABLISHED PURSUANT TO SUCH SECTION, IF THE SALE,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11293-01-1 S. 5272 2
LEASE OR OPERATION OF ANY CRITICAL INFRASTRUCTURE OWNED BY THE STATE OR PUBLIC AUTHORITY WOULD THREATEN PUBLIC SECURITY; S 2. The executive law is amended by adding a new section 718 to read as follows: S 718. CRITICAL INFRASTRUCTURE ADVISORY COUNCIL. 1. THERE IS HEREBY ESTABLISHED A CRITICAL INFRASTRUCTURE ADVISORY COUNCIL CONSISTING OF THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY WHO SHALL ACT AS CHAIR OF THE COUNCIL, THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF STATE POLICE, THE CHAIR OF THE PUBLIC AUTHORITIES CONTROL BOARD, A MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND A MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE NINETY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION TO APPOINT MEMBERS TO THIS COUNCIL. 2. (A) A FIRM OR CORPORATION PROPOSING TO PURCHASE OR LEASE CRITICAL INFRASTRUCTURE OWNED BY A STATE OR PUBLIC AUTHORITY SHALL NOTIFY THE COMMISSIONER WITHIN NINETY DAYS OF THE PROPOSED TRANSFER OF RIGHTS TO SUCH CRITICAL INFRASTRUCTURE. SUCH NOTICE SHALL INCLUDE: (I) THE NATURE OF TRANSFER FROM THE STATE OR PUBLIC AUTHORITY TO THE TRANSFEREE INCLUDING THE IDENTIFICATION OF WHAT RIGHTS WILL BE TRANS- FERRED, THE DURATION OF TRANSFER AND REASON FOR SUCH TRANSFER AS GIVEN BY THE STATE OR PUBLIC AUTHORITY OR CORPORATION TRANSFERRING AN ELECTRIC GENERATING FACILITY; AND (II) MANAGEMENT AND OWNERSHIP DETAILS OF THE FIRM OR CORPORATION INCLUDING SHAREHOLDERS, CORPORATE OFFICERS AND DESIGNATION OF WHO WILL BE RESPONSIBLE FOR SECURITY AT THE FACILITY; AND (III) A PROPOSAL FOR SECURITY MEASURES TO BE TAKEN AT THE FACILITY INCLUDING SECURITY PLANS TO PREVENT A TERRORIST ATTACK AND SCREENING OF PERSONNEL INCLUDING ANY CRIMINAL BACKGROUND CHECKS. (B) WITHIN THIRTY DAYS OF THE INITIAL NOTIFICATION THE PROPOSED TRANS- FEREE MAY SUBMIT AN ADDENDUM TO THE ORIGINAL NOTICE. 3. WITHIN NINETY DAYS OF NOTICE TO THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY, THE DIVISION SHALL EVALUATE THE PROPOSED TRANSFER INCLUDING THE SECURITY PLAN AND CRIMINAL HISTORY OF THOSE WITH OPERA- TIONAL RESPONSIBILITY OF THE FACILITY INCLUDING CHIEF SECURITY PERSONNEL AND SHALL SUBMIT A REPORT TO THE CRITICAL INFRASTRUCTURE ADVISORY COUN- CIL. 4. WITHIN SIXTY DAYS OF SUBMISSION OF THE REPORT, THE CRITICAL INFRAS- TRUCTURE ADVISORY COUNCIL SHALL, BY MAJORITY VOTE, CHOOSE TO PROHIBIT OR APPROVE THE TRANSFER OF THE RIGHTS OF CRITICAL INFRASTRUCTURE. THE COUN- CIL SHALL INFORM THE PROPOSED TRANSFEREE OF ITS DECISION INCLUDING SPECIFIC REASONS WHY THE TRANSFER IS DECLINED. THE TRANSFEREE MAY RESUB- MIT ITS PROPOSAL WITHIN THIRTY DAYS OF THE DECISION TO ADDRESS ANY SPECIFIC REASON FOR DECLINATION. THE COMMITTEE MAY CHOOSE TO ACCEPT OR DECLINE ANY RESUBMISSION BY MAJORITY VOTE WITHIN THIRTY DAYS OF SUCH RESUBMISSION. 5. UPON THE APPROVAL OF TRANSFER, THE TRANSFEREE SHALL FILE A YEARLY STATEMENT FROM THE DATE OF TRANSFER, CHANGES TO ITS SECURITY PLAN AND ANY CHANGES IN CORPORATE OFFICERS OR SECURITY MANAGEMENT PERSONNEL. 6. THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR AND FIVE OF THIS SECTION SHALL NOT APPLY IN ANY RESPECT TO, NOR SHALL THE CRITICAL INFRASTRUCTURE ADVISORY COUNCIL HAVE ANY AUTHORITY IN CONNECTION WITH, ANY PURCHASE, LEASE, TRANSFER OF RIGHTS, OR OTHER TRANSACTION THAT WILL BE THE SUBJECT OF A NOTICE FILING WITH THE FEDERAL COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES (CFIUS). S 3. Section 66 of the public service law is amended by adding a new subdivision 29 to read as follows:S. 5272 3
29. THE COMMISSION SHALL CONSULT WITH THE DIVISION OF HOMELAND SECURI- TY WHEN THERE IS A PROPOSED SALE OR LEASE OF AN ELECTRIC GENERATING FACILITY. S 4. Subdivision 5 of section 86 of the public officers law, as added by chapter 403 of the laws of 2003, is amended to read as follows: 5. "Critical infrastructure" means systems, assets, places or things, whether physical or virtual, so vital to the state that the disruption, incapacitation or destruction of such systems, assets, places or things could jeopardize the health, safety, welfare or security of the state, its residents or its economy AND SHALL INCLUDE BUT IS NOT LIMITED TO NUCLEAR FACILITIES, POWER PLANTS, TELECOMMUNICATIONS SYSTEMS, MASS TRANSPORTATION SYSTEMS, PUBLIC ROADWAYS, RAILWAYS, BRIDGES AND TUNNELS, MARINE TERMINALS, AIRPORTS, HELIPORTS AND OTHER AIRCRAFT FACILITIES, WATER SUPPLIERS, AS DEFINED IN SUBDIVISION ONE OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE PUBLIC HEALTH LAW, PRISONS AND JAILS. S 5. This act shall take effect immediately.