S T A T E   O F   N E W   Y O R K
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                                  5233

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS,  JOHN,  PERALTA, GALEF, ESPAILLAT,
  EDDINGTON, COOK -- Multi-Sponsored by -- M.  of  A.  ABBATE,  BRENNAN,
  DESTITO,  DIAZ,  HOOPER, MAYERSOHN, MILLMAN, PERRY, PHEFFER, ROBINSON,
  SWEENEY -- read once and referred to  the  Committee  on  Governmental
  Operations

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 separately amended by chapters 537 and 620 of the  laws  of
2005, 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
office of homeland security in carrying out the purposes of  this  arti-
cle, subject to applicable laws, rules, and regulations; and
  S  2. The executive law is amended by adding a new section 716 to read
as follows:
  S 716. PROTECTION OF CRITICAL INFRASTRUCTURE; METROPOLITAN TRANSPORTA-
TION AUTHORITY FACILITIES. 1. NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
LAW,  THE  DIRECTOR  OF  THE OFFICE OF HOMELAND SECURITY SHALL CONDUCT A
REVIEW AND ANALYSIS OF MEASURES BEING TAKEN BY THE  METROPOLITAN  TRANS-
PORTATION  AUTHORITY  AND  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  OF  CRITICAL  INFRASTRUCTURE
RELATED  TO  THE  TRANSPORTATION  FACILITIES,  WHICH SHALL INCLUDE THOSE
FACILITIES SET FORTH IN SUBDIVISION FOURTEEN OF SECTION  TWELVE  HUNDRED
SIXTY-ONE  OF  THE  PUBLIC  AUTHORITIES  LAW AND SHALL ALSO INCLUDE, FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05710-01-9
              

A. 5233                             2

PURPOSES OF THIS SECTION,  BRIDGES  AND  TUNNELS,  OF  THE  METROPOLITAN
TRANSPORTATION AUTHORITY AND OF ALL SUBSIDIARIES OF SUCH AUTHORITY.  THE
DIRECTOR  OF THE OFFICE OF HOMELAND SECURITY SHALL HAVE THE AUTHORITY TO
REVIEW  ANY  AUDITS  OR REPORTS RELATED TO THE SECURITY OF SUCH CRITICAL
INFRASTRUCTURE, INCLUDING AUDITS OR REPORTS CONDUCTED AT THE REQUEST  OF
THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OTHER AGENCY OR AUTHOR-
ITY  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
DIRECTOR OF THE OFFICE OF HOMELAND SECURITY 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 FACILITIES.  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 TEN, AND NOT
LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS THEREAFTER,
THE DIRECTOR OF THE OFFICE OF HOMELAND  SECURITY  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 SECURITY MEASURES BEING TAKEN REGARDING
CRITICAL INFRASTRUCTURE RELATED TO TRANSPORTATION FACILITIES, AS DEFINED
IN SUBDIVISION FOURTEEN OF  SECTION  TWELVE  HUNDRED  SIXTY-ONE  OF  THE
PUBLIC  AUTHORITIES  LAW,  ASSESS THE EFFECTIVENESS THEREOF, AND INCLUDE
RECOMMENDATIONS TO THE LEGISLATURE, OR THE  METROPOLITAN  TRANSPORTATION
AUTHORITY  IF THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY 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 TEN,  THE  DIRECTOR
OF  THE  OFFICE  OF HOMELAND SECURITY 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  DIRECTOR OF THE OFFICE OF HOMELAND
SECURITY 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 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 INFOR-
MATION CONTAINED THEREIN COULD NOT BE DENIED PURSUANT TO SUBDIVISION TWO
OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. THE DIRECTOR OF  THE
OFFICE  OF HOMELAND SECURITY 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 DIRECTOR OF THE OFFICE OF  HOMELAND  SECURITY  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 TEN OF THE
EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED  AND  USED  IN  A  MANNER

A. 5233                             3

CONSISTENT WITH PROTOCOLS ESTABLISHED TO PRESERVE THE CONFIDENTIALITY 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  DIRECTOR  OF  THE
OFFICE  OF  HOMELAND SECURITY BE IMPLEMENTED BY ANY OPERATOR OF A TRANS-
PORTATION FACILITY.
  S 3. This act shall take effect immediately.