A00870 Summary:

Amd 709, add 716-a, Exec L; amd 66, Pub Serv L; amd 86, Pub Off L
Increases the powers and duties of 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; established a critical infrastructure advisory council.
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A00870 Actions:

01/11/2019referred to governmental operations
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A00870 Committee Votes:

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A00870 Floor Votes:

There are no votes for this bill in this legislative session.
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A00870 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Governmental Operations
        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:
     1    Section 1. Paragraph (j) 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 and a new  paragraph  (j-1)  is  added  to  read  as
     4  follows:
     5    (j)  work  with local, state and federal agencies and private entities
     6  to conduct assessments of the vulnerability of critical  infrastructure,
     7  as defined in subdivision five of section eighty-six of the public offi-
     8  cers law, to terrorist attack and other natural and man-made disasters[,
     9  including,  but  not limited to, nuclear facilities, power plants, tele-
    10  communications systems, mass transportation  systems,  public  roadways,
    11  railways,  bridges and tunnels,] and develop strategies that may be used
    12  to protect such infrastructure from terrorist attack and  other  natural
    13  and man-made disasters;
    14    (j-1)  decide,  if and to the extent required by section seven hundred
    15  sixteen-a of this article, upon a vote of  the  critical  infrastructure
    16  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.

        A. 870                              2
     1  lease or operation of any critical infrastructure owned by the state  or
     2  public authority would threaten public security;
     3    §  2.  The  executive  law is amended by adding a new section 716-a to
     4  read as follows:
     5    § 716-a. Critical infrastructure advisory council. 1.  There is hereby
     6  established a critical infrastructure advisory council consisting of the
     7  commissioner of the division of homeland security and emergency services
     8  who shall act as chair  of the council, the commissioner of  transporta-
     9  tion,  the  superintendent  of  state  police,  the  chair of the public
    10  authorities control board, a member appointed by the temporary president
    11  of the senate and a member appointed by the speaker of the assembly. The
    12  temporary president of the senate and the speaker of the assembly  shall
    13  have  ninety  days  from  the  effective date of this section to appoint
    14  members to this council.
    15    2. (a) A firm or corporation proposing to purchase or  lease  critical
    16  infrastructure  owned  by  a  state or public authority shall notify the
    17  commissioner within ninety days of the proposed transfer  of  rights  to
    18  such critical infrastructure. Such notice shall include:
    19    (i)  the  nature of transfer from the state or public authority to the
    20  transferee including the identification of what rights  will  be  trans-
    21  ferred,  the  duration of transfer and reason for such transfer as given
    22  by the state or public authority or corporation transferring an electric
    23  generating facility; and
    24    (ii) management and ownership  details  of  the  firm  or  corporation
    25  including  shareholders,  corporate officers and designation of who will
    26  be responsible for security at the facility; and
    27    (iii) a proposal for security measures to be  taken  at  the  facility
    28  including  security plans to prevent a terrorist attack and screening of
    29  personnel including any criminal background checks.
    30    (b) Within thirty days of the initial notification the proposed trans-
    31  feree may submit an addendum to the original notice.
    32    3. Within ninety days of notice to the commissioner of the division of
    33  homeland security and emergency services, the division of homeland secu-
    34  rity and emergency services shall evaluate the proposed transfer includ-
    35  ing the security plan and criminal history  of  those  with  operational
    36  responsibility  of  the  facility including chief security personnel and
    37  shall submit a report to the critical infrastructure advisory council.
    38    4. Within sixty days of submission of the report, the critical infras-
    39  tructure advisory council shall, by majority vote, choose to prohibit or
    40  approve the transfer of the rights of critical infrastructure. The coun-
    41  cil shall inform the  proposed  transferee  of  its  decision  including
    42  specific reasons why the transfer is declined. The transferee may resub-
    43  mit  its  proposal  within  thirty  days  of the decision to address any
    44  specific reason for declination. The committee may choose to  accept  or
    45  decline  any  resubmission  by  majority vote within thirty days of such
    46  resubmission.
    47    5. Upon the approval of transfer, the transferee shall file  a  yearly
    48  statement  from  the  date of transfer, changes to its security plan and
    49  any changes in corporate officers or security management personnel.
    50    6. The provisions of subdivisions two, three, four and  five  of  this
    51  section  shall  not  apply  in  any  respect  to, nor shall the critical
    52  infrastructure advisory council have any authority in  connection  with,
    53  any  purchase, lease, transfer of rights, or other transaction that will
    54  be the subject of a notice filing with the Federal Committee on  Foreign
    55  Investment in the United States (CFIUS).

        A. 870                              3
     1    §  3.  Section 66 of the public service law is amended by adding a new
     2  subdivision 29 to read as follows:
     3    29. The commission shall consult with the division of homeland securi-
     4  ty  and  emergency services when there is a proposed sale or lease of an
     5  electric generating facility.
     6    § 4. Subdivision 5 of section 86 of the public officers law, as  added
     7  by chapter 403 of the laws of 2003, is amended to read as follows:
     8    5.  "Critical infrastructure" means systems, assets, places or things,
     9  whether physical or virtual, so vital to the state that the  disruption,
    10  incapacitation  or destruction of such systems, assets, places or things
    11  could jeopardize the health, safety, welfare or security of  the  state,
    12  its  residents  or  its  economy and shall include but is not limited to
    13  nuclear  facilities,  power  plants,  telecommunications  systems,  mass
    14  transportation  systems, public roadways, railways, bridges and tunnels,
    15  marine terminals, airports, heliports  and  other  aircraft  facilities,
    16  water suppliers, as defined in subdivision one of section eleven hundred
    17  twenty-five of the public health law, prisons and jails.
    18    § 5. This act shall take effect immediately.
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