2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 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.