New York State - Executive - EXC - Article 26
ARTICLE 26 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
Section 709. Division of homeland security and emergency services; creation; powers and duties.
709-a. Office of counterterrorism.
710. Commissioner of the division of homeland security and emergency services; appointment of the commissioner; powers and duties.
711. Reports.
711-a. Analyze and report on the feasibility of implementing tornado warning systems.
711-b. Review of water supplier vulnerability analysis assessments.
712. Miscellaneous.
713. Protection of critical infrastructure including energy generating and transmission facilities.
714. Protection of critical infrastructure; storage facilities for hazardous substances.
716. Protection of critical infrastructure; commercial aviation, petroleum and natural gas fuel transmission facilities and pipelines.
717. Office of interoperable and emergency communications.
717-a. Direct dialing to public service answering points.
718. Voluntary surveillance access database.
719. Loans for eligible hazard mitigation activities.
§ 709. Division of homeland security and emergency services; creation; powers and duties. 1. There is hereby created within the executive department the division of homeland security and emergency services, which shall have and exercise the powers and duties set forth in this article. Any reference to the 'office of public security', the 'office of homeland security', the 'state emergency management office' or the 'office of fire prevention and control' in the laws of New York state, executive orders, or contracts entered into on behalf of the state shall be deemed to refer to the division of homeland security and emergency services.
2. The division shall have the power and duty to:
(a) oversee and coordinate the state's homeland security and comprehensive emergency management resources, subject to any laws, rules or regulations governing the budgeting and appropriation of funds;
(b) review homeland security and comprehensive emergency management policies, protocols and strategies of state agencies. The agencies shall include, but not be limited to, the state agencies included on the disaster preparedness commission as identified in section twenty-one of this chapter;
(c) develop policies, protocols and strategies, which may be used to prevent, detect, respond to and recover from terrorist acts or threats and other natural and man-made disasters, which for purposes of this section shall have the same meaning as defined in article two-B of this chapter;
(d) identify potential inadequacies in the state's policies, protocols and strategies to detect, respond to and recover from terrorist acts or threats and other natural and man-made disasters;
(e) undertake periodic drills and simulations designed to assess and prepare responses to terrorist acts or threats and other natural and man-made disasters;
(f) coordinate state resources for the collection and analysis of information relating to natural and man-made disasters throughout the state subject to any applicable laws, rules, or regulations;
(g) coordinate and facilitate information sharing among local, state, and federal agencies to ensure appropriate intelligence to assist in the early identification of and response to natural and man-made disasters, subject to any applicable laws, rules, or regulations governing the release, disclosure or sharing of any such information;
(h) assess the preparedness of state and local public health systems to respond to terrorist acts and other natural and man-made disasters, including ensuring the availability of early warning systems designed to detect potential threats and determining adequacy and availability of necessary vaccines and pharmaceuticals and hospital capacity;
(i) coordinate strategies, protocols and first-responder equipment needs that may be used to monitor, detect, respond to and mitigate the consequences of a potential biological, chemical or radiological terrorist act or threat;
(j) work with local, state and federal agencies and private entities to conduct assessments of the vulnerability of critical infrastructure to terrorist attack, cyber attack, and other natural and man-made disasters, including, but not limited to, nuclear facilities, power plants, telecommunications systems, mass transportation systems, public roadways, railways, bridges and tunnels, and develop strategies that may be used to protect such infrastructure from terrorist attack, cyber attack, and other natural and man-made disasters;
(k) develop plans that may be used to promote rapid recovery from terrorist attacks and other natural and man-made disasters, to ensure prompt restoration of transportation, utilities, critical communications and information systems and to protect such infrastructure;
(l) develop plans that may be used to contain and remove hazardous materials used in a terrorist attack or released as a result of natural or man-made disaster;
(m) act as primary contact with the federal department of homeland security;
(n) adopt, promulgate, amend and rescind rules and regulations to effectuate the provisions and purposes of this article and the powers and duties of the division in connection therewith;
(o) consult with appropriate state and local governments, institutions of higher learning, first responders, health care providers and private entities as necessary to effectuate the provisions of this article, and work with those entities to establish, facilitate and foster cooperation to better prepare the state to prevent and respond to threats and acts of terrorism and other natural and man-made disasters;
(p) to serve as a clearinghouse for the benefit of municipalities regarding information relating to available federal, state and regional grant programs in connection with homeland security, disaster preparedness, communication infrastructure and emergency first responder services, and to promulgate rules and regulations necessary to ensure that grant information is timely posted on the division's website;
(q) request from any department, division, office, commission or other agency of the state or any political subdivision thereof, and the same are authorized to provide, such assistance, services and data as may be required by the division of homeland security and emergency services in carrying out the purposes of this article, subject to applicable laws, rules, and regulations;
(r) develop standards and a certification process for training programs for training of private security officers in commercial buildings which shall:
(i) improve observation, detection and reporting skills;
(ii) improve coordination with local police, fire and emergency services;
(iii) provide and improve skills in working with advanced security technology including surveillance and access control procedures;
(iv) require at least forty hours of training including three hours of training devoted to terrorism awareness; and
(v) have been certified as a qualified program by the division of homeland security and emergency services;
(s) work in consultation with or make recommendations to the commissioner of agriculture and markets in developing rules and regulations relating to ammonium nitrate security; and
(t) develop, maintain, and deploy state, regional and local all-hazard incident management teams.
(u) Notwithstanding article six-C of this chapter, or any other provision of law to the contrary, the division of homeland security and emergency services shall establish best practices regarding training and education for firefighters and first responders which shall include but not be limited to: minimum basic training for firefighters and first responders; in-service training and continuing education; and specialized training as it may apply to the specific duties of a category of emergency personnel.
* (v) develop a program to make electric generating equipment owned or leased by the state available to county offices of emergency management pursuant to section seventy-three-a of the public service law.
* NB Effective and Repealed December 22, 2023
3. The division of homeland security and emergency services shall consist of several offices including, but not limited to, the office of counterterrorism, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in section seven hundred nine-a of this article; the office of emergency management, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in article two-B of this chapter; the office of fire prevention and control, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in article six-C of this chapter and the office of interoperable and emergency communications, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in section seven hundred seventeen of this article.
4. As set forth in section seven hundred ten of this article, the commissioner of the division of homeland security and emergency services shall be appointed by the governor, with the advice and consent of the senate, and hold office at the pleasure of the governor. The directors of the offices of counterterrorism, emergency management, fire prevention and control, and interoperable and emergency communications, and such other offices as may be established, shall be appointed by, and hold office at the pleasure of, the governor and they shall report to the commissioner of the division of homeland security and emergency services.
5. The directors of the offices of counterterrorism, emergency management, fire prevention and control, interoperable and emergency communications, and of such other offices as may be established, shall, in consultation with the commissioner, have the authority to promulgate rules and regulations to carry out the duties of their office, including the establishment of fees necessary to compensate for costs associated with the delivery of training and services.
6. The directors of the offices of counterterrorism, emergency management, fire prevention and control, interoperable and emergency communications, and such other offices as may be established, shall have the authority to enter into contracts with any person, firm, corporation, municipality, or government entity.
7. Annual report of the division. The commissioner of the division of homeland security and emergency services shall, on or before January first in each year, submit to the governor, the temporary president of the senate, and the speaker of the assembly, a report concerning the performance of the division with respect to outreach to businesses, not-for-profit organizations, and the general public, which shall include information regarding the content and scope of seminars, conferences, surveys, programs, and other programmatic means of engaging such parties to identify and meet the needs of such parties with respect to emergency mitigation, preparedness, response, and recovery, and the participation of such parties therein.
§ 709-a. Office of counterterrorism. The office of counterterrorism shall develop and analyze the state's policies, protocols and strategies relating to the prevention and detection of terrorist acts and terrorist threats. The office shall also be responsible for coordinating strategies, protocols and first responder equipment needs to detect a biological, chemical or radiological terrorist act or threat; working with private entities and local, state and federal agencies to conduct assessments of the vulnerability of critical infrastructure to terrorist attack; and consulting with appropriate state and local governments and private entities to facilitate and foster cooperation to better prepare the state to prevent and detect threats and acts of terrorism.
§ 710. Commissioner of the division of homeland security and emergency services; appointment of the commissioner; powers and duties. 1. The commissioner of the division of homeland security and emergency services (commissioner) shall be appointed by the governor, by and with the advice and consent of the senate, and hold office at the pleasure of the governor.
2. The commissioner, acting by and through the division, shall have the power and duty to:
(a) administer the duties of the division pursuant to this section;
(b) administer such other duties as may be devolved upon the division from time to time pursuant to law;
(c) cooperate with and assist other state and federal departments, boards, commissions, agencies and public authorities in the development and administration of policies and protocols which will enhance the safety and security of the citizens of the state;
(d) enter into contracts with any person, firm, corporation or governmental agency, and do all things necessary to carry out the functions, powers and duties expressly set forth in this article, subject to any applicable laws, rules or regulations;
(e) establish offices, departments and bureaus and make changes therein as he or she may deem necessary to carry out the functions of the division;
(f) subject to the provisions of this article and the civil service law, and the rules and regulations adopted pursuant thereto, the commissioner may appoint other officers, employees, agents and consultants as may be necessary, prescribe their duties, fix their compensation, and provide for payment of their reasonable expenses, all within amounts available therefor by appropriation. The commissioner may transfer officers or employees from their positions to other positions in the division, or abolish or consolidate such positions; and
(g) accept and contract as agent of the state for any gift to support the development and training missions of the division of homeland security and emergency services.
§ 711. Reports. 1. On or before January thirty-first of each year, the director shall appear before and deliver a report to representatives of each house of the legislature. The temporary president of the senate and the speaker of the assembly shall each appoint four members of their respective houses, and the minority leader of each house shall each appoint one member, to hear the director's report. The appointed members may hear the report in a joint meeting of the members of the senate and assembly or in separate meetings attended by the members from one house. The chief information security officer of the state office of information technology services shall participate in such joint or separate meetings to supplement the report delivered by the director. The report shall provide information including, but not limited to: the state's current threat level, imminent threats to New York state, the state's current threat posture and collaborative efforts among localities, regions and with other states to prepare for and defend against acts of terrorism. The chief information security officer of the state office of information technology services shall supplement the report delivered by the director with information on the state's cyber security infrastructure and cyber security resiliency efforts.
2. The commissioner shall appear and give testimony before the annual legislative hearing on public protection held jointly by the assembly committee on ways and means and the senate finance committee as provided for in section three of article VII of the New York state constitution and section thirty-one of the legislative law.
3. The director shall report to the temporary president of the senate, speaker of the assembly and/or their designees within five days of an elevation of the state homeland security advisory system threat level as to the circumstances of the elevation.
4. Before the receipt of any report issued pursuant to this section, each recipient of such report shall develop confidentiality protocols in consultation with the director which shall be binding upon the recipient who issues the protocols and anyone to whom the recipient shows the report, for the maintenance and use of such report so as to ensure the confidentiality of all sensitive 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 director shall also develop protocols for his or her office related to the maintenance and use of the report so as to ensure the confidentiality of all sensitive information contained in the report. On each copy of written reports, the director 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."
§ 711-a. Analyze and report on the feasibility of implementing tornado warning systems. 1. The division shall analyze and report on the feasibility of implementing tornado warning systems, including the installation of tornado sirens in municipalities across the state. Such examination shall include determining whether certain municipalities should install tornado sirens, the potential placement of tornado sirens and whether they should be located near schools, hospitals, sports facilities, colleges or other populated areas.
2. The division shall analyze and report on the use of firehouse sirens as possible notification to the surrounding community of an impending tornado and the type of public education necessary to carry out such program.
3. The division shall also recommend other technologies to be used to issue tornado warnings such as text messages to cell phones and the systems necessary to carry out an emergency text message system.
4. The recommendations required pursuant to this section shall include a cost-benefit analysis of implementing a tornado warning system and possible funding mechanisms for the implementation of a tornado warning system.
5. The division shall issue the report to the governor and the legislature on or before March first, two thousand fourteen.
§ 711-b. Review of water supplier vulnerability analysis assessments. The commissioner, or his or her designee, shall review each vulnerability analysis assessment prepared by a water supplier pursuant to section eleven hundred twenty-five of the public health law. The commissioner may issue recommendations or general guidance to the water supplier based on the assessment to enhance protections against a terrorist attack or cyber attack. Such recommendations and guidance shall be kept confidential and shall be exempt from disclosure under article six of the public officers law.
§ 712. Miscellaneous. The office shall be subject to the laws, rules and regulations of the state including, but not limited to, the state finance law, the state administrative procedure act, and article six of the public officers law.
§ 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.
§ 714. Protection of critical infrastructure; storage facilities for hazardous substances. 1. Notwithstanding any other provision of law and subject to the availability of an appropriation, the commissioner of the division of homeland security and emergency services shall conduct a review and analysis of measures being taken by the owners and operators of facilities identified pursuant to paragraph (b) of subdivision two of this section to protect the security of critical infrastructure related to such facilities. The commissioner of the division of homeland security and emergency services shall have the authority to review all audits or reports related to the security of such critical infrastructure, including all such audits or reports mandated by state and federal law or regulation, including spill prevention reports and risk management plans, audits and reports conducted at the request of the department of environmental conservation or at the request of any federal entity, or any other agency or authority of the state or any political subdivision thereof, and reports prepared by owners and operators of such facilities as required in this subdivision. The owners and operators of such 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 and reports regarding such critical infrastructure provided, however, exclusive custody and control of such audits and reports shall remain solely with the owners and operators of such facilities to the extent not inconsistent with any other law. For the purposes of this section, the term "critical infrastructure" has the meaning ascribed to that term in subdivision five of section eighty-six of the public officers law.
2. To effectuate his or her duties pursuant to this section and identify risks to the public, the commissioner of the division of homeland security and emergency services shall:
(a) within six months of the effective date of this section, in consultation with the commissioner of environmental conservation, the commissioner of health, and such representatives of the chemical industry and higher education as may be appropriate, prepare a list that identifies toxic or hazardous substances, including but not limited to those substances listed as hazardous to public health, safety or the environment in regulations promulgated pursuant to article thirty-seven of the environmental conservation law, as well as those substances for which the state possesses insufficient or limited toxicological information but for which there exists preliminary evidence that the substance or the class of chemicals with similar physical and chemical properties to which it belongs has the potential to cause death, injury, or serious adverse effects to human health or the environment, based on the severity of the threat posed to the public by the unauthorized release of such substances. Such list will be promulgated in accord with the provisions of the state administrative procedure act;
(b) upon completion of the list required pursuant to paragraph (a) of this subdivision, but no later than one hundred twenty days after such date, in consultation with the commissioner of environmental conservation, the commissioner of health and such representatives of the chemical industry and any state, local and municipal officials as may be appropriate, identify facilities, including facilities regulated pursuant to title nine and title eleven of article twenty-seven and article forty of the environmental conservation law, but excluding facilities that hold liquified petroleum gas for fuel at retail sale as described in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C. section 7412(r)(4)(b)) and those facilities that are defined as "water suppliers" in subdivision one of section eleven hundred twenty-five of the public health law, which because of their storage of or relationship to such substances identified pursuant to paragraph (a) of this subdivision pose risks to the public should an unauthorized release of such hazardous substances occur; and
(c) require such facilities identified pursuant to paragraph (b) of this subdivision, as the commissioner so determines, to prepare a vulnerability assessment of the security measures taken by such facilities to prevent and respond to the unauthorized release of hazardous substances as may be stored therein, which assessments the commissioner of the division of homeland security and emergency services shall review and consider in light of the seriousness of the risk posed and vulnerability of such facility and, where appropriate, make recommendations with respect thereto.
3. (a) On or before June first, two thousand five, the commissioner of the division of homeland security and emergency services shall make a preliminary report to the governor, the temporary president of the senate, the speaker of the assembly, the commissioner of environmental conservation, the commissioner of health and the chief executive officer of any such affected facility or his or her designee, and on or before December thirty-first, two thousand five, 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 commissioner of environmental conservation, the commissioner of health and the chief executive officer of any such affected facility or his or her designee. Such report shall review the security measures being taken regarding critical infrastructure related to such facilities, assess the effectiveness thereof, and include recommendations to the legislature, the department of environmental conservation or the department of health if the commissioner of the division of homeland security and emergency services determines that additional measures are required to be implemented.
(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 such division related to the maintenance and use of such report so as to ensure the confidentiality of all sensitive information contained in such report. 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 department of environmental conservation shall have the discretion to require that recommendations of the commissioner of the division of homeland security and emergency services be implemented by any owner or operator of a hazardous substances storage facility as defined in this section.
§ 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.
§ 717. Office of interoperable and emergency communications. 1. The office of interoperable and emergency communications shall be the principal state agency for all interoperable and emergency communications issues and oversee and direct the development, coordination and implementation of policies, plans, standards, programs and services related to interoperable and emergency communications, including those related to public safety land mobile radio communications. The office shall coordinate with federal, state, local, tribal, non-governmental and other appropriate entities.
2. The office shall be responsible for coordinating relevant grant programs and other funding sources to enhance interoperable and emergency communications, as consistent with the mission of the division. The director shall make final determinations regarding the distribution of grants, in consultation with the board.
3. The director of this office shall serve as the statewide interoperable and emergency communications coordinator.
4. To ensure appropriate coordination and consultation with relevant entities, the director shall be the chairperson of the statewide interoperable and emergency communication board as defined in section three hundred twenty-seven of the county law, and whose duties shall include, but not be limited to all the duties regularly assigned to the board as defined by section three hundred twenty-eight of the county law.
5. The commissioner, in consultation with the director of the office, shall promulgate rules and regulations which require municipalities to report, no less than annually, on prior and planned expenditures to develop and operate interoperable and emergency communications. The regulations shall permit municipalities which participate in county or multi-county regional coordinated interoperability efforts to submit a single report to the division for all participating municipalities, so long as all expenses which would have been reported if the participating municipalities had submitted individual reports are contained in the combined report. The regulations shall not require a municipality that incurred no relevant expenses and anticipates no relevant expenses to submit such a report. The division shall include a summary of such information in its annual report to the governor, temporary president of the senate, and speaker of the assembly provided for in subdivision seven of section seven hundred nine of this article, as well as submitting such information at the same time to the state comptroller.
§ 717-a. Direct dialing to public service answering points. 1. For purposes of this section, "public building" shall mean any building belonging to the state, county, town, village, school district or any other political or civil subdivision of state or local government.
2. For purposes of this section, "multi-line telephone system" shall mean any system comprised of common control units, telephone sets, control hardware and software, and adjunct systems which enables users to make and receive telephone calls using shared resources such as telephone network trunks or data link bandwidth. This term includes, but is not limited to, network-based and premises-based systems such as Centrex service, premises-based, hosted and cloud-based VoIP, as well as PBX, Hybrid and Key Telephone Systems, as classified by the FCC under Part 68 of its rules.
3. All public buildings which operate on a multi-line telephone system in this state must configure their multi-line telephone system hardware to allow any call to 911 on the system to be directly connected to a public service answering point; provided however, that in the case of public buildings governed by section three hundred fifty-five or six thousand two hundred four of the education law which have on-campus emergency answering points, such public buildings may route such 911 calls to their on-campus answering points.
4. The requirements of subdivision three of this section shall not apply to any public building operating on a multi-line telephone system that would be required to upgrade the hardware of their telephone network to meet said requirement. However, every telephone in any exempt public building operating on a multi-line telephone system shall place an instructional sticker on or immediately adjacent to each telephone informing users of the phone's inability to directly dial 911 and the procedures to follow to connect to a 911 public service answering point, or in the case of public buildings governed by section three hundred fifty-five or six thousand two hundred four of the education law which have on-campus emergency answering points, such on-campus answering points, in case of an emergency.
§ 718. Voluntary surveillance access database. 1. The division shall establish a voluntary surveillance access database to be made accessible, upon written request, to any law enforcement agency solely for purposes of a criminal investigation.
2. Residential home owners and business owners who maintain a closed-circuit television or other electronic video surveillance system may elect to register such information, limited to the location of such system and the contact information for the owner, with the voluntary surveillance access database. Such owners may withdraw such registration from the database at any time.
3. Registration information from such database shall be kept confidential and shall not be made available for disclosure or inspection under the state freedom of information law unless a subpoena or other court order directs the division to release such information or image.
§ 719. Loans for eligible hazard mitigation activities. 1. The commissioner may make loans to local governments for eligible hazard mitigation activities, as defined in the STORM Act and corresponding federal regulations, to reduce disaster risks for homeowners, businesses, non-profit organizations, and communities subject to available funds for such purpose pursuant to section ninety-nine-qq of the state finance law.
2. The commissioner may make loans under this section subject to such other terms and conditions of the STORM Act, and related federal and state rules, regulations, policies and guidelines.
Section 709. Division of homeland security and emergency services; creation; powers and duties.
709-a. Office of counterterrorism.
710. Commissioner of the division of homeland security and emergency services; appointment of the commissioner; powers and duties.
711. Reports.
711-a. Analyze and report on the feasibility of implementing tornado warning systems.
711-b. Review of water supplier vulnerability analysis assessments.
712. Miscellaneous.
713. Protection of critical infrastructure including energy generating and transmission facilities.
714. Protection of critical infrastructure; storage facilities for hazardous substances.
716. Protection of critical infrastructure; commercial aviation, petroleum and natural gas fuel transmission facilities and pipelines.
717. Office of interoperable and emergency communications.
717-a. Direct dialing to public service answering points.
718. Voluntary surveillance access database.
719. Loans for eligible hazard mitigation activities.
§ 709. Division of homeland security and emergency services; creation; powers and duties. 1. There is hereby created within the executive department the division of homeland security and emergency services, which shall have and exercise the powers and duties set forth in this article. Any reference to the 'office of public security', the 'office of homeland security', the 'state emergency management office' or the 'office of fire prevention and control' in the laws of New York state, executive orders, or contracts entered into on behalf of the state shall be deemed to refer to the division of homeland security and emergency services.
2. The division shall have the power and duty to:
(a) oversee and coordinate the state's homeland security and comprehensive emergency management resources, subject to any laws, rules or regulations governing the budgeting and appropriation of funds;
(b) review homeland security and comprehensive emergency management policies, protocols and strategies of state agencies. The agencies shall include, but not be limited to, the state agencies included on the disaster preparedness commission as identified in section twenty-one of this chapter;
(c) develop policies, protocols and strategies, which may be used to prevent, detect, respond to and recover from terrorist acts or threats and other natural and man-made disasters, which for purposes of this section shall have the same meaning as defined in article two-B of this chapter;
(d) identify potential inadequacies in the state's policies, protocols and strategies to detect, respond to and recover from terrorist acts or threats and other natural and man-made disasters;
(e) undertake periodic drills and simulations designed to assess and prepare responses to terrorist acts or threats and other natural and man-made disasters;
(f) coordinate state resources for the collection and analysis of information relating to natural and man-made disasters throughout the state subject to any applicable laws, rules, or regulations;
(g) coordinate and facilitate information sharing among local, state, and federal agencies to ensure appropriate intelligence to assist in the early identification of and response to natural and man-made disasters, subject to any applicable laws, rules, or regulations governing the release, disclosure or sharing of any such information;
(h) assess the preparedness of state and local public health systems to respond to terrorist acts and other natural and man-made disasters, including ensuring the availability of early warning systems designed to detect potential threats and determining adequacy and availability of necessary vaccines and pharmaceuticals and hospital capacity;
(i) coordinate strategies, protocols and first-responder equipment needs that may be used to monitor, detect, respond to and mitigate the consequences of a potential biological, chemical or radiological terrorist act or threat;
(j) work with local, state and federal agencies and private entities to conduct assessments of the vulnerability of critical infrastructure to terrorist attack, cyber attack, and other natural and man-made disasters, including, but not limited to, nuclear facilities, power plants, telecommunications systems, mass transportation systems, public roadways, railways, bridges and tunnels, and develop strategies that may be used to protect such infrastructure from terrorist attack, cyber attack, and other natural and man-made disasters;
(k) develop plans that may be used to promote rapid recovery from terrorist attacks and other natural and man-made disasters, to ensure prompt restoration of transportation, utilities, critical communications and information systems and to protect such infrastructure;
(l) develop plans that may be used to contain and remove hazardous materials used in a terrorist attack or released as a result of natural or man-made disaster;
(m) act as primary contact with the federal department of homeland security;
(n) adopt, promulgate, amend and rescind rules and regulations to effectuate the provisions and purposes of this article and the powers and duties of the division in connection therewith;
(o) consult with appropriate state and local governments, institutions of higher learning, first responders, health care providers and private entities as necessary to effectuate the provisions of this article, and work with those entities to establish, facilitate and foster cooperation to better prepare the state to prevent and respond to threats and acts of terrorism and other natural and man-made disasters;
(p) to serve as a clearinghouse for the benefit of municipalities regarding information relating to available federal, state and regional grant programs in connection with homeland security, disaster preparedness, communication infrastructure and emergency first responder services, and to promulgate rules and regulations necessary to ensure that grant information is timely posted on the division's website;
(q) request from any department, division, office, commission or other agency of the state or any political subdivision thereof, and the same are authorized to provide, such assistance, services and data as may be required by the division of homeland security and emergency services in carrying out the purposes of this article, subject to applicable laws, rules, and regulations;
(r) develop standards and a certification process for training programs for training of private security officers in commercial buildings which shall:
(i) improve observation, detection and reporting skills;
(ii) improve coordination with local police, fire and emergency services;
(iii) provide and improve skills in working with advanced security technology including surveillance and access control procedures;
(iv) require at least forty hours of training including three hours of training devoted to terrorism awareness; and
(v) have been certified as a qualified program by the division of homeland security and emergency services;
(s) work in consultation with or make recommendations to the commissioner of agriculture and markets in developing rules and regulations relating to ammonium nitrate security; and
(t) develop, maintain, and deploy state, regional and local all-hazard incident management teams.
(u) Notwithstanding article six-C of this chapter, or any other provision of law to the contrary, the division of homeland security and emergency services shall establish best practices regarding training and education for firefighters and first responders which shall include but not be limited to: minimum basic training for firefighters and first responders; in-service training and continuing education; and specialized training as it may apply to the specific duties of a category of emergency personnel.
* (v) develop a program to make electric generating equipment owned or leased by the state available to county offices of emergency management pursuant to section seventy-three-a of the public service law.
* NB Effective and Repealed December 22, 2023
3. The division of homeland security and emergency services shall consist of several offices including, but not limited to, the office of counterterrorism, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in section seven hundred nine-a of this article; the office of emergency management, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in article two-B of this chapter; the office of fire prevention and control, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in article six-C of this chapter and the office of interoperable and emergency communications, which shall have the powers, and be responsible for carrying out the duties, including but not limited to those set forth in section seven hundred seventeen of this article.
4. As set forth in section seven hundred ten of this article, the commissioner of the division of homeland security and emergency services shall be appointed by the governor, with the advice and consent of the senate, and hold office at the pleasure of the governor. The directors of the offices of counterterrorism, emergency management, fire prevention and control, and interoperable and emergency communications, and such other offices as may be established, shall be appointed by, and hold office at the pleasure of, the governor and they shall report to the commissioner of the division of homeland security and emergency services.
5. The directors of the offices of counterterrorism, emergency management, fire prevention and control, interoperable and emergency communications, and of such other offices as may be established, shall, in consultation with the commissioner, have the authority to promulgate rules and regulations to carry out the duties of their office, including the establishment of fees necessary to compensate for costs associated with the delivery of training and services.
6. The directors of the offices of counterterrorism, emergency management, fire prevention and control, interoperable and emergency communications, and such other offices as may be established, shall have the authority to enter into contracts with any person, firm, corporation, municipality, or government entity.
7. Annual report of the division. The commissioner of the division of homeland security and emergency services shall, on or before January first in each year, submit to the governor, the temporary president of the senate, and the speaker of the assembly, a report concerning the performance of the division with respect to outreach to businesses, not-for-profit organizations, and the general public, which shall include information regarding the content and scope of seminars, conferences, surveys, programs, and other programmatic means of engaging such parties to identify and meet the needs of such parties with respect to emergency mitigation, preparedness, response, and recovery, and the participation of such parties therein.
§ 709-a. Office of counterterrorism. The office of counterterrorism shall develop and analyze the state's policies, protocols and strategies relating to the prevention and detection of terrorist acts and terrorist threats. The office shall also be responsible for coordinating strategies, protocols and first responder equipment needs to detect a biological, chemical or radiological terrorist act or threat; working with private entities and local, state and federal agencies to conduct assessments of the vulnerability of critical infrastructure to terrorist attack; and consulting with appropriate state and local governments and private entities to facilitate and foster cooperation to better prepare the state to prevent and detect threats and acts of terrorism.
§ 710. Commissioner of the division of homeland security and emergency services; appointment of the commissioner; powers and duties. 1. The commissioner of the division of homeland security and emergency services (commissioner) shall be appointed by the governor, by and with the advice and consent of the senate, and hold office at the pleasure of the governor.
2. The commissioner, acting by and through the division, shall have the power and duty to:
(a) administer the duties of the division pursuant to this section;
(b) administer such other duties as may be devolved upon the division from time to time pursuant to law;
(c) cooperate with and assist other state and federal departments, boards, commissions, agencies and public authorities in the development and administration of policies and protocols which will enhance the safety and security of the citizens of the state;
(d) enter into contracts with any person, firm, corporation or governmental agency, and do all things necessary to carry out the functions, powers and duties expressly set forth in this article, subject to any applicable laws, rules or regulations;
(e) establish offices, departments and bureaus and make changes therein as he or she may deem necessary to carry out the functions of the division;
(f) subject to the provisions of this article and the civil service law, and the rules and regulations adopted pursuant thereto, the commissioner may appoint other officers, employees, agents and consultants as may be necessary, prescribe their duties, fix their compensation, and provide for payment of their reasonable expenses, all within amounts available therefor by appropriation. The commissioner may transfer officers or employees from their positions to other positions in the division, or abolish or consolidate such positions; and
(g) accept and contract as agent of the state for any gift to support the development and training missions of the division of homeland security and emergency services.
§ 711. Reports. 1. On or before January thirty-first of each year, the director shall appear before and deliver a report to representatives of each house of the legislature. The temporary president of the senate and the speaker of the assembly shall each appoint four members of their respective houses, and the minority leader of each house shall each appoint one member, to hear the director's report. The appointed members may hear the report in a joint meeting of the members of the senate and assembly or in separate meetings attended by the members from one house. The chief information security officer of the state office of information technology services shall participate in such joint or separate meetings to supplement the report delivered by the director. The report shall provide information including, but not limited to: the state's current threat level, imminent threats to New York state, the state's current threat posture and collaborative efforts among localities, regions and with other states to prepare for and defend against acts of terrorism. The chief information security officer of the state office of information technology services shall supplement the report delivered by the director with information on the state's cyber security infrastructure and cyber security resiliency efforts.
2. The commissioner shall appear and give testimony before the annual legislative hearing on public protection held jointly by the assembly committee on ways and means and the senate finance committee as provided for in section three of article VII of the New York state constitution and section thirty-one of the legislative law.
3. The director shall report to the temporary president of the senate, speaker of the assembly and/or their designees within five days of an elevation of the state homeland security advisory system threat level as to the circumstances of the elevation.
4. Before the receipt of any report issued pursuant to this section, each recipient of such report shall develop confidentiality protocols in consultation with the director which shall be binding upon the recipient who issues the protocols and anyone to whom the recipient shows the report, for the maintenance and use of such report so as to ensure the confidentiality of all sensitive 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 director shall also develop protocols for his or her office related to the maintenance and use of the report so as to ensure the confidentiality of all sensitive information contained in the report. On each copy of written reports, the director 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."
§ 711-a. Analyze and report on the feasibility of implementing tornado warning systems. 1. The division shall analyze and report on the feasibility of implementing tornado warning systems, including the installation of tornado sirens in municipalities across the state. Such examination shall include determining whether certain municipalities should install tornado sirens, the potential placement of tornado sirens and whether they should be located near schools, hospitals, sports facilities, colleges or other populated areas.
2. The division shall analyze and report on the use of firehouse sirens as possible notification to the surrounding community of an impending tornado and the type of public education necessary to carry out such program.
3. The division shall also recommend other technologies to be used to issue tornado warnings such as text messages to cell phones and the systems necessary to carry out an emergency text message system.
4. The recommendations required pursuant to this section shall include a cost-benefit analysis of implementing a tornado warning system and possible funding mechanisms for the implementation of a tornado warning system.
5. The division shall issue the report to the governor and the legislature on or before March first, two thousand fourteen.
§ 711-b. Review of water supplier vulnerability analysis assessments. The commissioner, or his or her designee, shall review each vulnerability analysis assessment prepared by a water supplier pursuant to section eleven hundred twenty-five of the public health law. The commissioner may issue recommendations or general guidance to the water supplier based on the assessment to enhance protections against a terrorist attack or cyber attack. Such recommendations and guidance shall be kept confidential and shall be exempt from disclosure under article six of the public officers law.
§ 712. Miscellaneous. The office shall be subject to the laws, rules and regulations of the state including, but not limited to, the state finance law, the state administrative procedure act, and article six of the public officers law.
§ 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.
§ 714. Protection of critical infrastructure; storage facilities for hazardous substances. 1. Notwithstanding any other provision of law and subject to the availability of an appropriation, the commissioner of the division of homeland security and emergency services shall conduct a review and analysis of measures being taken by the owners and operators of facilities identified pursuant to paragraph (b) of subdivision two of this section to protect the security of critical infrastructure related to such facilities. The commissioner of the division of homeland security and emergency services shall have the authority to review all audits or reports related to the security of such critical infrastructure, including all such audits or reports mandated by state and federal law or regulation, including spill prevention reports and risk management plans, audits and reports conducted at the request of the department of environmental conservation or at the request of any federal entity, or any other agency or authority of the state or any political subdivision thereof, and reports prepared by owners and operators of such facilities as required in this subdivision. The owners and operators of such 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 and reports regarding such critical infrastructure provided, however, exclusive custody and control of such audits and reports shall remain solely with the owners and operators of such facilities to the extent not inconsistent with any other law. For the purposes of this section, the term "critical infrastructure" has the meaning ascribed to that term in subdivision five of section eighty-six of the public officers law.
2. To effectuate his or her duties pursuant to this section and identify risks to the public, the commissioner of the division of homeland security and emergency services shall:
(a) within six months of the effective date of this section, in consultation with the commissioner of environmental conservation, the commissioner of health, and such representatives of the chemical industry and higher education as may be appropriate, prepare a list that identifies toxic or hazardous substances, including but not limited to those substances listed as hazardous to public health, safety or the environment in regulations promulgated pursuant to article thirty-seven of the environmental conservation law, as well as those substances for which the state possesses insufficient or limited toxicological information but for which there exists preliminary evidence that the substance or the class of chemicals with similar physical and chemical properties to which it belongs has the potential to cause death, injury, or serious adverse effects to human health or the environment, based on the severity of the threat posed to the public by the unauthorized release of such substances. Such list will be promulgated in accord with the provisions of the state administrative procedure act;
(b) upon completion of the list required pursuant to paragraph (a) of this subdivision, but no later than one hundred twenty days after such date, in consultation with the commissioner of environmental conservation, the commissioner of health and such representatives of the chemical industry and any state, local and municipal officials as may be appropriate, identify facilities, including facilities regulated pursuant to title nine and title eleven of article twenty-seven and article forty of the environmental conservation law, but excluding facilities that hold liquified petroleum gas for fuel at retail sale as described in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C. section 7412(r)(4)(b)) and those facilities that are defined as "water suppliers" in subdivision one of section eleven hundred twenty-five of the public health law, which because of their storage of or relationship to such substances identified pursuant to paragraph (a) of this subdivision pose risks to the public should an unauthorized release of such hazardous substances occur; and
(c) require such facilities identified pursuant to paragraph (b) of this subdivision, as the commissioner so determines, to prepare a vulnerability assessment of the security measures taken by such facilities to prevent and respond to the unauthorized release of hazardous substances as may be stored therein, which assessments the commissioner of the division of homeland security and emergency services shall review and consider in light of the seriousness of the risk posed and vulnerability of such facility and, where appropriate, make recommendations with respect thereto.
3. (a) On or before June first, two thousand five, the commissioner of the division of homeland security and emergency services shall make a preliminary report to the governor, the temporary president of the senate, the speaker of the assembly, the commissioner of environmental conservation, the commissioner of health and the chief executive officer of any such affected facility or his or her designee, and on or before December thirty-first, two thousand five, 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 commissioner of environmental conservation, the commissioner of health and the chief executive officer of any such affected facility or his or her designee. Such report shall review the security measures being taken regarding critical infrastructure related to such facilities, assess the effectiveness thereof, and include recommendations to the legislature, the department of environmental conservation or the department of health if the commissioner of the division of homeland security and emergency services determines that additional measures are required to be implemented.
(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 such division related to the maintenance and use of such report so as to ensure the confidentiality of all sensitive information contained in such report. 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 department of environmental conservation shall have the discretion to require that recommendations of the commissioner of the division of homeland security and emergency services be implemented by any owner or operator of a hazardous substances storage facility as defined in this section.
§ 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.
§ 717. Office of interoperable and emergency communications. 1. The office of interoperable and emergency communications shall be the principal state agency for all interoperable and emergency communications issues and oversee and direct the development, coordination and implementation of policies, plans, standards, programs and services related to interoperable and emergency communications, including those related to public safety land mobile radio communications. The office shall coordinate with federal, state, local, tribal, non-governmental and other appropriate entities.
2. The office shall be responsible for coordinating relevant grant programs and other funding sources to enhance interoperable and emergency communications, as consistent with the mission of the division. The director shall make final determinations regarding the distribution of grants, in consultation with the board.
3. The director of this office shall serve as the statewide interoperable and emergency communications coordinator.
4. To ensure appropriate coordination and consultation with relevant entities, the director shall be the chairperson of the statewide interoperable and emergency communication board as defined in section three hundred twenty-seven of the county law, and whose duties shall include, but not be limited to all the duties regularly assigned to the board as defined by section three hundred twenty-eight of the county law.
5. The commissioner, in consultation with the director of the office, shall promulgate rules and regulations which require municipalities to report, no less than annually, on prior and planned expenditures to develop and operate interoperable and emergency communications. The regulations shall permit municipalities which participate in county or multi-county regional coordinated interoperability efforts to submit a single report to the division for all participating municipalities, so long as all expenses which would have been reported if the participating municipalities had submitted individual reports are contained in the combined report. The regulations shall not require a municipality that incurred no relevant expenses and anticipates no relevant expenses to submit such a report. The division shall include a summary of such information in its annual report to the governor, temporary president of the senate, and speaker of the assembly provided for in subdivision seven of section seven hundred nine of this article, as well as submitting such information at the same time to the state comptroller.
§ 717-a. Direct dialing to public service answering points. 1. For purposes of this section, "public building" shall mean any building belonging to the state, county, town, village, school district or any other political or civil subdivision of state or local government.
2. For purposes of this section, "multi-line telephone system" shall mean any system comprised of common control units, telephone sets, control hardware and software, and adjunct systems which enables users to make and receive telephone calls using shared resources such as telephone network trunks or data link bandwidth. This term includes, but is not limited to, network-based and premises-based systems such as Centrex service, premises-based, hosted and cloud-based VoIP, as well as PBX, Hybrid and Key Telephone Systems, as classified by the FCC under Part 68 of its rules.
3. All public buildings which operate on a multi-line telephone system in this state must configure their multi-line telephone system hardware to allow any call to 911 on the system to be directly connected to a public service answering point; provided however, that in the case of public buildings governed by section three hundred fifty-five or six thousand two hundred four of the education law which have on-campus emergency answering points, such public buildings may route such 911 calls to their on-campus answering points.
4. The requirements of subdivision three of this section shall not apply to any public building operating on a multi-line telephone system that would be required to upgrade the hardware of their telephone network to meet said requirement. However, every telephone in any exempt public building operating on a multi-line telephone system shall place an instructional sticker on or immediately adjacent to each telephone informing users of the phone's inability to directly dial 911 and the procedures to follow to connect to a 911 public service answering point, or in the case of public buildings governed by section three hundred fifty-five or six thousand two hundred four of the education law which have on-campus emergency answering points, such on-campus answering points, in case of an emergency.
§ 718. Voluntary surveillance access database. 1. The division shall establish a voluntary surveillance access database to be made accessible, upon written request, to any law enforcement agency solely for purposes of a criminal investigation.
2. Residential home owners and business owners who maintain a closed-circuit television or other electronic video surveillance system may elect to register such information, limited to the location of such system and the contact information for the owner, with the voluntary surveillance access database. Such owners may withdraw such registration from the database at any time.
3. Registration information from such database shall be kept confidential and shall not be made available for disclosure or inspection under the state freedom of information law unless a subpoena or other court order directs the division to release such information or image.
§ 719. Loans for eligible hazard mitigation activities. 1. The commissioner may make loans to local governments for eligible hazard mitigation activities, as defined in the STORM Act and corresponding federal regulations, to reduce disaster risks for homeowners, businesses, non-profit organizations, and communities subject to available funds for such purpose pursuant to section ninety-nine-qq of the state finance law.
2. The commissioner may make loans under this section subject to such other terms and conditions of the STORM Act, and related federal and state rules, regulations, policies and guidelines.