2010 New York Code
EXC - Executive
Article 26 - (709 - 717) 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.