Increases the powers and duties of the division of homeland security and emergency services 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.

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S580-2013 Actions

• Feb 1, 2013: COMMITTEE DISCHARGED AND COMMITTED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
• Jan 9, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S580-2013 Memo

BILL NUMBER:S580

TITLE OF BILL:
An act
to amend the executive law, in relation to giving the state division
of
homeland security and emergency services
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 division
of homeland security and emergency services
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 1 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 2 amends the executive law by creating a new section 715 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 3 amends section 66 of the public service law by adding a new
subdivision 29 which directs the public service commission to consult
with the office of homeland security when there is a proposed sale or
lease of an electric generating facility.

Section 4 amends subdivision 5 of section 86 of the public officers
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 5 establishes an effective date.

JUSTIFICATION:
This bill requires that the sale of any state-owned facility be
reviewed by the Director of the Office of Homeland 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 15W 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:
2012: Senate Bill 42509 (Gianaris) - Died in Senate Veterans, Homeland
security and Military Affairs Committee
2012: Assembly Bill 44875 (Simotas) - Died in Assembly. Government
Operations Committee
2010: Senate Bill 44724 (Leibell) - Died in Senate Veterans, Homeland
security and Military Affairs Committee
2010: Assembly Bill 45227 (Gianaris) - Died in Assembly Government
Operations Committee
2008: Assembly Bill 41862 (Gianaris) - Died in Assembly Government
Operations Committee
2010: Senate Bill 47709-A (Balboni) - Passed Senate 60-1 (6/22/06)
2010: Assembly Bill 410887-A (Gianaris) - Died in Assembly Government
Operations Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S580-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     580

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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

  AN ACT to amend the executive law, in relation to giving the state divi-
    sion of homeland security and emergency services the power  to  decide
    if the sale, lease or operation of state-owned critical infrastructure
    would  threaten  public security and establishing the critical infras-
    tructure advisory  council;  to  amend  the  public  service  law,  in
    relation  to  requiring  the public service commission to consult with
    the division of homeland  security  and  emergency  services  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

    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
  SIXTEEN-A OF THIS ARTICLE, UPON A VOTE OF  THE  CRITICAL  INFRASTRUCTURE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01546-01-3

 S. 580                              2

  ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  SUCH SECTION, IF THE SALE,
  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 716-a to
  read as follows:

    S 716-A. CRITICAL INFRASTRUCTURE ADVISORY COUNCIL. 1.  THERE IS HEREBY
  ESTABLISHED A CRITICAL INFRASTRUCTURE ADVISORY COUNCIL CONSISTING OF THE
  COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
  WHO SHALL ACT AS CHAIR  OF THE COUNCIL, THE COMMISSIONER OF  TRANSPORTA-
  TION,  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 AND EMERGENCY SERVICES, THE DIVISION OF HOMELAND SECU-
  RITY AND EMERGENCY SERVICES SHALL EVALUATE THE PROPOSED TRANSFER INCLUD-
  ING THE SECURITY PLAN AND CRIMINAL HISTORY  OF  THOSE  WITH  OPERATIONAL
  RESPONSIBILITY  OF  THE  FACILITY INCLUDING CHIEF SECURITY PERSONNEL AND
  SHALL SUBMIT A REPORT TO THE CRITICAL INFRASTRUCTURE ADVISORY COUNCIL.
    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. 580                              3

    S  3.  Section 66 of the public service law is amended by adding a new
  subdivision 29 to read as follows:

    29. THE COMMISSION SHALL CONSULT WITH THE DIVISION OF HOMELAND SECURI-
  TY  AND  EMERGENCY SERVICES 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.