Section 709. State office of homeland security; creation; powers and duties  


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  • 1. There is hereby created within the executive department the office of
      homeland  security,  which shall have and exercise the powers and duties
      set forth in this article.  Any  reference  to  the  'office  of  public
      security'  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
      state office of homeland security.
        2. The office shall have the power and duty to:
        (a)  oversee  and  coordinate the state's homeland security resources,
      subject to any laws, rules or regulations governing  the  budgeting  and
      appropriation of funds;
        (b)  review  homeland  security  policies, protocols and strategies of
      state agencies. The agencies shall include, but not be limited  to,  the
      division  of state police, division of military and naval affairs, state
      emergency  management  office,  department  of  health,  department   of
      environmental  conservation,  division  of  criminal  justice  services,
      department of state,  office  for  technology,  and  the  department  of
      transportation;
        (c)  develop  policies, protocols and strategies, which may be used to
      prevent, detect, respond to and recover from terrorist acts or threats;
        (d) identify potential inadequacies in the state's policies, protocols
      and strategies to detect, respond to and recover from terrorist acts  or
      threats;
        (e)  undertake  periodic drills and simulations designed to assess and
      prepare responses to terrorist acts or threats;
        (f) coordinate state resources for  the  collection  and  analysis  of
      information  relating  to  terrorist  threats  and  terrorist activities
      throughout  the  state  subject  to  any  applicable  laws,  rules,   or
      regulations;
        (g)  coordinate and facilitate information sharing among local, state,
      and federal law enforcement agencies to ensure appropriate  intelligence
      to  assist  in  the  early  identification  of and response to potential
      terrorist  activities,  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, 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, 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;
        (k) develop plans that may be used  to  promote  rapid  recovery  from
      terrorist  attacks,  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;
        (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 office 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;
        (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 office'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 office of homeland security in carrying out the purposes
      of this article, subject to applicable laws, rules, and regulations; and
        * (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 state office  of
      homeland security.
        * NB There are 2 ù(r)'s
        * (r)  work  in  consultation  with  or  make  recommendations  to the
      commissioner  of  agriculture  and  markets  in  developing  rules   and
      regulations relating to ammonium nitrate security.
        * NB There are 2 ù(r)'s