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