§ 716 — Protection of critical infrastructure; commercial aviation, petroleum and natural gas fuel transmission facilities and pipelines

§ 716. Protection of critical infrastructure; commercial aviation,\npetroleum and natural gas fuel transmission facilities and pipelines.\n1. Notwithstanding any other provision of law, the commissioner of the\ndivision of homeland security and emergency services shall conduct a\nreview and analysis of measures being taken by 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 commercial\naviation fuel, petroleum and natural gas transmission facilities and\npipelines in this state which are not located upon the premises of a\ncommercial airport. As deemed appropriate by such commissioner, the\ndivision of homeland security and emergency services shall have the\nauthority to physically inspect the premises and review any audits or\nreports related to the security of such critical infrastructure,\nincluding audits or reports conducted at the request of any other agency\nor authority of the state or any political subdivision thereof or, to\nthe extent practicable, of any federal entity. The operators of such\ncommercial aviation fuel, petroleum or natural gas transmission\nfacilities and pipelines shall, in compliance with any federal and state\nrequirements regarding the dissemination of such information, provide\naccess to the commissioner of the division of homeland security and\nemergency services to such audits or reports regarding such critical\ninfrastructure provided, however, that exclusive custody and control of\nsuch audits and reports shall remain solely with the operators of such\ncommercial aviation fuel, petroleum or natural gas transmission\nfacilities and pipelines. For the purposes of this article, the term\n"critical infrastructure" has the meaning ascribed to that term in\nsubdivision five of section eighty-six of the public officers law.\n 2. (a) On or before December thirty-first, two thousand eleven, and\nevery five years thereafter, the commissioner of the division of\nhomeland security and emergency services shall report to the governor,\nthe temporary president of the senate, the speaker of the assembly, the\npublic service commission, and the operator of any such affected\ncommercial aviation fuel, petroleum or natural gas transmission facility\nor pipeline. Such report shall review the security measures being taken\nregarding critical infrastructure related to commercial aviation fuel,\npetroleum or natural gas transmission facilities and pipelines, assess\nthe effectiveness thereof, and include recommendations to the\nlegislature, the public service commission, or the operator of a\ncommercial aviation fuel, petroleum or natural gas transmission facility\nor pipeline, or any appropriate state or federal regulating entity or\nagency if the commissioner of the division of homeland security and\nemergency services determines that additional measures are required to\nbe implemented, considering among other factors, the unique\ncharacteristics of each commercial aviation fuel, petroleum or natural\ngas transmission facility or pipeline.\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 report and\nany information contained or used in its preparation shall be exempt and\nnot made available pursuant to article six 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) The public service commission shall have the discretion to\nrequire, through regulation or otherwise, that the recommendations of\nthe commissioner of the division of homeland security and emergency\nservices be implemented at an affected commercial aviation fuel,\npetroleum or natural gas transmission facility or pipeline.\n (d) The division of homeland security and emergency services shall\nreceive necessary appropriations for the performance of its duties\npursuant to this section.\n