N.Y. Executive Law § 713: Protection of critical infrastructure including energy generating and transmission facilities

§ 713. Protection of critical infrastructure including energy

generating and transmission facilities. 1. Notwithstanding any other

provision of law, the commissioner of the division of homeland security

and emergency services shall conduct a review and analysis of measures

being taken by the public service commission 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, and

cyber security, of critical infrastructure related to energy generation

and transmission located within the state. The commissioner of the

division of homeland security and emergency services 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 public service commission or any other agency or

authority of the state or any political subdivision thereof or, to the

extent practicable, of any federal entity. The owners and operators of

such energy generating or transmission facilities shall, in compliance

with any federal and state requirements regarding the dissemination of

such information, provide access to the commissioner of the division of

homeland security and emergency services 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 owners and operators of such energy generating or transmission

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 four, and not

later than three years after such date, and every five years thereafter,

the commissioner of the division of homeland security and emergency

services shall report to the governor, the temporary president of the

senate, the speaker of the assembly, the chairperson of the public

service commission and the chief executive of any such affected

generating or transmission company or his or her designee. Such report

shall review the security measures being taken regarding critical

infrastructure related to energy generating and transmission facilities,

assess the effectiveness thereof, and include recommendations to the

legislature or the public service commission if the commissioner of the

division of homeland security and emergency services determines that

additional measures are required to be implemented, considering, among

other factors, the unique characteristics of each energy generating or

transmission facility.

(b) Before the receipt of such report identified in paragraph (a) of

this subdivision, each recipient of such report shall develop

confidentiality 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 commissioner of the division of

homeland security and emergency services 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 information contained therein could not be denied pursuant

to subdivision two of section eighty-seven of the public officers law.

The commissioner of the division of homeland security and emergency

services 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 commissioner of the division of homeland security and

emergency services 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 eleven of the executive law, this report is to be

maintained and used in a manner consistent with protocols established to

preserve the confidentiality of the information contained herein in a

manner consistent with law".

(c) Except in the case of federally licensed electric generating

facilities, the public service commission shall have the discretion to

require that the recommendations of the commissioner of the division of

homeland security and emergency services be implemented by any owner or

operator of an energy generating or transmission facility.

Recommendations regarding federally licensed electric generating

facilities shall instead only be made available by the commissioner of

the division of homeland security and emergency services to the

appropriate federal agency in compliance with any federal and state

requirements regarding the dissemination of such information.

3. Any reports prepared pursuant to this article shall not be subject

to disclosure pursuant to section eighty-eight of the public officers

law.