Increases the powers and duties of state office of homeland security and establishes a critical infrastructure advisory council

BILL NUMBER:S5272

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

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 provisions

Section One - Adds new paragraphs (j) and (j-1) of subdivision 2 of section 709 of 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.

Section Two - Amends the executive law by creating a new section 718 which establishes the Critical Infrastructure Advisory Council. This section also lays out powers and limitations of said council; including, the power to prohibit or approve the transfer of the rights of critical infrastructure.

Section Three - Amends section 66 of the public service law by adding a new subdivision 29 which directs the public service commission to consult with the Division of Homeland Security when there is a proposed sale or lease of an electric generating facility.

Section Four - Amends subdivision 5 of section 86 of the public offices law by expanding 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.

Section Five - This act would take effect immediately.

Justification

This bill requires that the sale of any state-owned facility be reviewed by the director of the office of home1and 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. The Dubai Ports World episode showed us that government needs to take an active role to

ensure that critical infrastructure is kept safe. While the owner of the Dubai Ports company may have had the best of intentions, it became clear that following 9/11 that government needs to focus on security breaches on some of the most vulnerable spots, where the risk and consequence of a terrorist attack 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.

Legislative history

2007 - S.3637 Passed Senate

Fiscal implications

None.

Effective date

This act would take effect immediately.