Section 713. 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 four, 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.  On
  or  before  April  thirtieth,  two thousand four, the director of public
  security shall make a preliminary report to the governor, the  temporary
  president  of  the  senate, the speaker of the assembly, the chairman of
  the public service commission, and  the  chief  executive  of  any  such
  affected generating or transmission company or his or her designee.
    (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 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, 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 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.