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

Summary of provisions

Section 1 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 2 amends the executive law by creating a new section 715 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 3 amends section 66 of the public service law by adding a new subdivision 29 which directs 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.

Section 4 amends subdivision 5 of section 86 of the public officers 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 5 establishes an effective date.

Justification

This bill requires 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 15W 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

2012: Senate Bill 42509 (Gianaris) - Died in Senate Veterans, Homeland security and Military Affairs Committee 2012: Assembly Bill 44875 (Simotas) - Died in Assembly. Government Operations Committee 2010: Senate Bill 44724 (Leibell) - Died in Senate Veterans, Homeland security and Military Affairs Committee 2010: Assembly Bill 45227 (Gianaris) - Died in Assembly Government Operations Committee 2008: Assembly Bill 41862 (Gianaris) - Died in Assembly Government Operations Committee 2010: Senate Bill 47709-A (Balboni) - Passed Senate 60-1 (6/22/06) 2010: Assembly Bill 410887-A (Gianaris) - Died in Assembly Government Operations Committee

Fiscal implications

None.

Effective date

Immediately.