Allows the state office of homeland security to decide if the sale, lease or operation of state-owned infrastructure would threaten public security

Title of bill

An act to amend the executive law, in relation to giving the state office of homeland security the power to decide if the sale, lease or operation of state-owned critical infrastructure would threaten public security and establishing the critical infrastructure advisory council; to amend the public service law, in relation to requiring the public service commission to consult with the office of homeland security whenever there is a proposed sale or lease of an electric generating facility; and to amend the public officers law, in relation to the definition of critical infrastructure

Purpose

: This bill seeks to ensure that the sale of operational rights of critical infrastructure or the sale of state-owned infrastructure does not threaten public security.

Summary of specific provisions

: This bill would amend the executive law to allow the director of the office of homeland security, in conjunction with the critical infrastructure advisory council, to decide if the sale of state-owned critical infrastructure poses a threat to public security.

This bill would further amend the executive law concerning the Critical Infrastructure Advisory Council, its powers and limitations, and its power to prohibit or approve the transfer of the rights of critical infrastructure.

This bill would additionally amend the public service law to direct the public service commission to consult with the office of homeland security when there is a proposed sale or lease of an electric generating facility.

This bill would also amend the public officers law to expand the definition of critical infrastructure to include nuclear facilities, power plants, telecommunications systems, mass transportation systems, public roadways, railways, bridges and tunnels, marine terminals, airports, heliports and other aircraft facilities, water suppliers, prisons and jails.

Justification

: This bill would require that the sale of any state-owned facility be reviewed by the director of the office of homeland security to determine if its sale jeopardizes public security.

Although, 85% of the nation's critical infrastructure is in the hands of the private sector, the remaining 15% is some of the most important to our economy and our livelihood.

The state, including public authorities, owns bridges, tunnels and dams that prove vital to the state's economy.

Government needs to take an active role to ensure that critical infrastructure is kept safe. Government needs to focus on security breaches on some of the most vulnerable spots, where the risk and consequence of an attack, disaster or structural failure are greatest. The devastation that could result from the destruction of a bridge or dam could be catastrophic for the lives of New Yorkers and the economy.

This legislation provides a method to ensure that critical infrastructure when transferred is safe and secure.

Prior legislative history

2007 - S.3637 - Passed Senate

Fiscal implications

: None Noted.

Effective date

: This act would take effect immediately.