New York Laws
Article 26 - Division of Homeland Security and Emergency Services
713 - Protection of Critical Infrastructure Including Energy Generating and Transmission Facilities.

(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.