NY Exec L § 713 (2021)
2021 New York Laws EXC - Executive Article 26 - Division of Homeland Security and Emergency Services 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 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.