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New York

EXECUTIVE LAW
ARTICLE 26. PROTECTION OF CRITICAL INFRASTRUCTURE INCLUDING ENERGY GENERATING AND TRANSMISSION FACILITIES
NY CLS Exec § 710 (2003)
NEW YORK 226TH ANNUAL LEGISLATIVE SESSION 2003-2004 Regular Sessions CHAPTER 403 SENATE BILL 667; 2003 N.Y. ALS 403; 2003 N.Y. LAWS 403; 2003 N.Y. S.N. 667

§ 710. Protection of critical infrastructure including energy generating and transmission facilities
1. Notwithstanding any other provision of law, the director of public security 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 director of public security 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 director of public security 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 three, and not later than three years after such date, and every five years thereafter, the director of public security 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 director of public security determines that additional measures are required to be implemented, considering, among other factors, the unique characteristics of each energy generating or transmission facility.

(b) Each of the recipients of such report identified in paragraph (a) of this subdivision shall develop confidentiality protocols in consultation with the director of public security for the maintenance and use of such report so as to ensure the confidentiality of the report and all information contained therein. The director of public security 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 director of public security 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 ten 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 director of public security 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 director of public security 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.

HISTORY:
Add, L 2003, ch 403, § 1, eff Aug 26, 2003.

PUBLIC OFFICERS LAW
ARTICLE 6. FREEDOM OF INFORMATION LAW
NY CLS Pub O § 86 (2003)

§ 86. Definitions

As used in this article, unless the context requires otherwise:

1. "Judiciary" means the courts of the state, including any municipal or district court, whether or not of record.

2. "State legislature" means the legislature of the state of New York, including any committee, subcommittee, joint committee, select committee, or
commission thereof.

3. "Agency" means any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state or any one or more municipalities thereof, except the judiciary or the state legislature.

4. "Record" means any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

5. (Added, L 2003) "Critical infrastructure" means systems, assets, places or things, whether physical or virtual, so vital to the state that the disruption, incapacitation or destruction of such systems, assets, places or things could jeopardize the health, safety, welfare or security of the state, its residents or its economy.
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14. --Port Authority
Port Authority, as bi-state entity whose jurisdiction and functions extend to New Jersey as well as New York, is not "agency" within meaning of Freedom of Information Law, since New York cannot generally impose its legislative enactments beyond its borders, Freedom of Information Law does not apply to Port Authority. Comm Pub Acc Rec FOIL-Ad Op 2728.Port Authority of New York and New Jersey is not "agency" subject to Freedom of Information Law. Comm on Open Govt FOIL-AO-3586.Since Port Authority is bi-state entity operating in New York and New Jersey, it is not subject to New York, New Jersey or federal freedom of information statutes Comm on Open Gov't FOIL-AO-7563.

15. --Utility companies
The Steuben Rural Electric Co-operative, Incorporated, is neither an "agency" as defined in § 86(3) of the Public Officers Law nor a "public body" as defined in § 97(2) of the Public Officers Law. Comm Pub Acc Rec FOIL-Ad Op 2371.Telephone company is not subject to Freedom of Information Law. Comm Pub Acc Rec FOIL-Ad Op 2657.While public utility might be regulated by government, it is not be governmental entity performing governmental function and, therefore, is not subject to Freedom of Information Law.Comm on Open Gov't FOIL-AO-7882.If telephone records are prepared by phone company and sent to school district, they can not be characterized as intra-agency materials within meaning of CLS Pub O § 87(2)(g) as telephone company is not agency.Comm on Open Gov't FOIL-AO-7926.