PART B

Section 1. The article heading of article 26 of the executive law is
REPEALED and a new article heading is added to read as follows:
STATE OFFICE OF HOMELAND SECURITY
§ 2. Section 710 of the executive law is renumbered section 713 and
four new sections 709, 710, 711 and 712 are added to read as follows:
§ 709. State office of homeland security; creation; powers and duties.
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 secu-
rity' 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 envi-
ronmental conservation, division of criminal justice services, depart-
ment of state, office for technology, and the department of transporta-
tion;
(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 regu-
lations;
(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 regu-
lations governing the release, disclosure or sharing of any such infor-
mation;
(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 determin-
ing 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 terror-
ist 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, util-
ities, 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 prepared-
ness, 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; and
(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.
§ 710. Director of the office of homeland security; appointment of the
director; powers and duties. 1. The director of the office of homeland
security (director) 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. The salary of the director shall be fixed at a level commensu-
rate with that of the state officers identified in paragraph (a) of
subdivision one of section one hundred sixty-nine of this chapter.
2. The director, acting by and through the office, shall have the
power and duty to:
(a) administer the duties of the office pursuant to this section;
(b) administer such other duties as may be devolved upon the office
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
security of the citizens of the state;
(d) enter into contracts with any person, firm, corporation or govern-
mental 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 there-
in as he or she may deem necessary to carry out the functions of the
office. One of the divisions within the office shall be the office of
cyber security and critical infrastructure coordination which shall be
dedicated to the identification and mitigation of the state's cyber
security infrastructure vulnerabilities; and
(f) subject to the provisions of this article and the civil service
law, and the rules and regulations adopted pursuant thereto, the direc-
tor 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 director may transfer officers
or employees from their positions to other positions in the office, or
abolish or consolidate such positions.
§ 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 three 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 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.
2. The director 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 infor-
mation 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 sensi-
tive 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 main-
tained and used in a manner consistent with protocols established to
preserve the confidentiality of the information contained herein in a
manner consistent with 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.
§ 3. This act shall take effect immediately.

Proceed to Part C and D