§ 713 — Protection of critical infrastructure including energy generating and transmission facilities

§ 713. Protection of critical infrastructure including energy\ngenerating and transmission facilities. 1. Notwithstanding any other\nprovision of law, the commissioner of the division of homeland security\nand emergency services shall conduct a review and analysis of measures\nbeing taken by the public service commission and any other agency or\nauthority of the state or any political subdivision thereof and, to the\nextent practicable, of any federal entity, to protect the security, and\ncyber security, of critical infrastructure related to energy generation\nand transmission located within the state. The commissioner of the\ndivision of homeland security and emergency services shall have the\nauthority to review any audits or reports related to the security of\nsuch critical infrastructure, including audits or reports conducted at\nthe request of the public service commission or any other agency or\nauthority of the state or any political subdivision thereof or, to the\nextent practicable, of any federal entity. The owners and operators of\nsuch energy generating or transmission facilities shall, in compliance\nwith any federal and state requirements regarding the dissemination of\nsuch information, provide access to the commissioner of the division of\nhomeland security and emergency services to such audits or reports\nregarding such critical infrastructure provided, however, that exclusive\ncustody and control of such audits and reports shall remain solely with\nthe owners and operators of such energy generating or transmission\nfacilities. For the purposes of this article, the term "critical\ninfrastructure" has the meaning ascribed to that term in subdivision\nfive of section eighty-six of the public officers law.\n 2. (a) On or before December thirty-first, two thousand four, and not\nlater than three years after such date, and every five years thereafter,\nthe commissioner of the division of homeland security and emergency\nservices shall report to the governor, the temporary president of the\nsenate, the speaker of the assembly, the chairperson of the public\nservice commission and the chief executive of any such affected\ngenerating or transmission company or his or her designee. Such report\nshall review the security measures being taken regarding critical\ninfrastructure related to energy generating and transmission facilities,\nassess the effectiveness thereof, and include recommendations to the\nlegislature or the public service commission if the commissioner of the\ndivision of homeland security and emergency services determines that\nadditional measures are required to be implemented, considering, among\nother factors, the unique characteristics of each energy generating or\ntransmission facility.\n (b) Before the receipt of such report identified in paragraph (a) of\nthis subdivision, each recipient of such report shall develop\nconfidentiality protocols, which shall be binding upon the recipient who\nissues the protocols and anyone to whom the recipient shows a copy of\nthe report, in consultation with the commissioner of the division of\nhomeland security and emergency services for the maintenance and use of\nsuch report so as to ensure the confidentiality of the report and all\ninformation contained therein, provided, however, that such protocols\nshall not be binding upon a person who is provided access to such report\nor any information contained therein pursuant to section eighty-nine of\nthe public officers law after a final determination that access to such\nreport or any information contained therein could not be denied pursuant\nto subdivision two of section eighty-seven of the public officers law.\nThe commissioner of the division of homeland security and emergency\nservices shall also develop protocols for his or her office related to\nthe maintenance and use of such report so as to ensure the\nconfidentiality of the report and all information contained therein. On\neach report, the commissioner of the division of homeland security and\nemergency services shall prominently display the following statement:\n"this report may contain information that if disclosed could endanger\nthe life or safety of the public, and therefore, pursuant to section\nseven hundred eleven of the executive law, this report is to be\nmaintained and used in a manner consistent with protocols established to\npreserve the confidentiality of the information contained herein in a\nmanner consistent with law".\n (c) Except in the case of federally licensed electric generating\nfacilities, the public service commission shall have the discretion to\nrequire that the recommendations of the commissioner of the division of\nhomeland security and emergency services be implemented by any owner or\noperator of an energy generating or transmission facility.\nRecommendations regarding federally licensed electric generating\nfacilities shall instead only be made available by the commissioner of\nthe division of homeland security and emergency services to the\nappropriate federal agency in compliance with any federal and state\nrequirements regarding the dissemination of such information.\n 3. Any reports prepared pursuant to this article shall not be subject\nto disclosure pursuant to section eighty-eight of the public officers\nlaw.\n