A00276 Summary:

BILL NOA00276A
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSRKavanagh, Colton, Cook, Galef, Hooper, Miller, Ortiz, Mosley, Abbate, Blake, Gottfried, Otis, Jean-Pierre
 
MLTSPNSRBrennan, Englebright, Hyndman, Markey, Perry, Robinson, Simon
 
Amd §709, add §719, Exec L
 
Directs the director of the office 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.
Go to top    

A00276 Actions:

BILL NOA00276A
 
01/07/2015referred to governmental operations
01/06/2016referred to governmental operations
03/24/2016amend and recommit to governmental operations
03/24/2016print number 276a
Go to top

A00276 Committee Votes:

Go to top

A00276 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A00276 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         276--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A. ROZIC, KAVANAGH, COLTON, COOK, GALEF, HOOPER,
          MILLER -- Multi-Sponsored by --  M.  of  A.  ABBATE,  BRENNAN,  ORTIZ,
          PERRY,  ROBINSON -- read once and referred to the Committee on Govern-
          mental Operations -- recommitted  to  the  Committee  on  Governmental
          Operations  in  accordance  with  Assembly Rule 3, sec. 2 -- 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    § 2. The executive law is amended by adding a new section 719 to  read
    12  as follows:
    13    § 719. 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00322-03-6

        A. 276--A                           2
 
     1  extent practicable, of any federal entity, to protect  the  security  of
     2  critical  infrastructure related to the transportation facilities, which
     3  shall include those facilities set  forth  in  subdivision  fourteen  of
     4  section twelve hundred sixty-one of the public authorities law and shall
     5  also  include,  for purposes of this section, bridges and tunnels of the
     6  metropolitan transportation authority and of all  subsidiaries  of  such
     7  authority.  The director of the office of homeland security and emergen-
     8  cy  services  shall  have  the authority to review any audits or reports
     9  related to the  security  of  such  critical  infrastructure,  including
    10  audits or reports conducted at the request of the metropolitan transpor-
    11  tation  authority  or  any other agency or authority of the state or any
    12  political subdivision thereof or, to  the  extent  practicable,  of  any
    13  federal  entity.  The operators of such transportation facilities shall,
    14  in compliance with any federal  and  state  requirements  regarding  the
    15  dissemination of such information, provide access to the director of the
    16  office  of  homeland  security  and emergency services to such audits or
    17  reports regarding such critical infrastructure provided,  however,  that
    18  exclusive  custody  and  control of such audits and reports shall remain
    19  solely with the operators of such  transportation  facilities.  For  the
    20  purposes  of  this  article,  the term "critical infrastructure" has the
    21  meaning ascribed to that term in subdivision five of section  eighty-six
    22  of the public officers law.
    23    2. (a) On or before December thirty-first, two thousand seventeen, and
    24  not  later than three years after such date, and every five years there-
    25  after, the director of the office of  homeland  security  and  emergency
    26  services  shall  report  to the governor, the temporary president of the
    27  senate, the speaker of the assembly and the board of any  such  affected
    28  transportation  authority.   Such report shall review the security meas-
    29  ures being taken regarding critical infrastructure related to  transpor-
    30  tation  facilities, as defined in subdivision fourteen of section twelve
    31  hundred sixty-one of the public authorities law, assess  the  effective-
    32  ness  thereof,  and  include  recommendations  to the legislature or the
    33  metropolitan transportation authority, if the director of the office  of
    34  homeland  security  and  emergency  services  determines that additional
    35  measures  are  required  to  be  implemented,  considering  among  other
    36  factors,  the unique characteristics of each transportation facility. On
    37  or before April thirtieth, two thousand seventeen, the director  of  the
    38  office of homeland security and emergency services shall make a prelimi-
    39  nary  report to the governor, the temporary president of the senate, the
    40  speaker of the assembly and the board of any such  affected  transporta-
    41  tion authority.
    42    (b)  Before  the receipt of such report identified in paragraph (a) of
    43  this subdivision, each recipient of such report shall develop  confiden-
    44  tiality  protocols, which shall be binding upon the recipient who issues
    45  the protocols and anyone to whom the  recipient  shows  a  copy  of  the
    46  report,  in  consultation  with  the  director of the office of homeland
    47  security and emergency services for the  maintenance  and  use  of  such
    48  report  so as to ensure the confidentiality of the report and all infor-
    49  mation contained therein, provided, however, that such  protocols  shall
    50  not  be  binding  upon a person who is provided access to such report or
    51  any information contained therein pursuant to section eighty-nine of the
    52  public officers law after a final  determination  that  access  to  such
    53  report or any information contained therein could not be denied pursuant
    54  to  subdivision  two of section eighty-seven of the public officers law.
    55  The director of the office of homeland security and  emergency  services
    56  shall  also develop protocols for his or her office related to the main-

        A. 276--A                           3

     1  tenance and use of such report so as to ensure  the  confidentiality  of
     2  the  report  and  all information contained therein. On each report, the
     3  director of the office of homeland security and emergency services shall
     4  prominently  display  the  following statement: "this report may contain
     5  information that if disclosed could endanger the life or safety  of  the
     6  public,  and  therefore,  pursuant  to  section seven hundred ten of the
     7  executive law, this report is to be maintained  and  used  in  a  manner
     8  consistent with protocols established to preserve the confidentiality of
     9  the information contained herein in a manner consistent with law".
    10    (c)   The   metropolitan   transportation  authority  shall  have  the
    11  discretion to require that the recommendations of the  director  of  the
    12  office of homeland security and emergency services be implemented by any
    13  operator of a transportation facility.
    14    § 3. This act shall take effect immediately.
Go to top