N.Y. Executive Law § 716: Protection of critical infrastructure; commercial aviation, petroleum and natural gas fuel transmission facilities and pipelines

§ 716. Protection of critical infrastructure; commercial aviation,

petroleum and natural gas fuel transmission facilities and pipelines.

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 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 commercial

aviation fuel, petroleum and natural gas transmission facilities and

pipelines in this state which are not located upon the premises of a

commercial airport. As deemed appropriate by such commissioner, the

division of homeland security and emergency services shall have the

authority to physically inspect the premises and review any audits or

reports related to the security of such critical infrastructure,

including audits or reports conducted at the request of any other agency

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

the extent practicable, of any federal entity. The operators of such

commercial aviation fuel, petroleum or natural gas transmission

facilities and pipelines 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 operators of such

commercial aviation fuel, petroleum or natural gas transmission

facilities and pipelines. 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 eleven, 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

public service commission, and the operator of any such affected

commercial aviation fuel, petroleum or natural gas transmission facility

or pipeline. Such report shall review the security measures being taken

regarding critical infrastructure related to commercial aviation fuel,

petroleum or natural gas transmission facilities and pipelines, assess

the effectiveness thereof, and include recommendations to the

legislature, the public service commission, or the operator of a

commercial aviation fuel, petroleum or natural gas transmission facility

or pipeline, or any appropriate state or federal regulating entity or

agency 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 commercial aviation fuel, petroleum or natural

gas transmission facility or pipeline.

(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 report and

any information contained or used in its preparation shall be exempt and

not made available pursuant to article six 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) The public service commission shall have the discretion to

require, through regulation or otherwise, that the recommendations of

the commissioner of the division of homeland security and emergency

services be implemented at an affected commercial aviation fuel,

petroleum or natural gas transmission facility or pipeline.

(d) The division of homeland security and emergency services shall

receive necessary appropriations for the performance of its duties

pursuant to this section.