(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 report and
any information contained or used in its preparation shall be exempt and
not made available pursuant to article six 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) The public service commission shall have the discretion to
require, through regulation or otherwise, that the recommendations of
the commissioner of the division of homeland security and emergency
services be implemented at an affected commercial aviation fuel,
petroleum or natural gas transmission facility or pipeline.
(d) The division of homeland security and emergency services shall
receive necessary appropriations for the performance of its duties
pursuant to this section.
Structure New York Laws
Article 26 - Division of Homeland Security and Emergency Services
709 - Division of Homeland Security and Emergency Services; Creation; Powers and Duties.
709-A - Office of Counterterrorism.
711-A - Analyze and Report on the Feasibility of Implementing Tornado Warning Systems.
711-B - Review of Water Supplier Vulnerability Analysis Assessments.
713 - Protection of Critical Infrastructure Including Energy Generating and Transmission Facilities.
714 - Protection of Critical Infrastructure; Storage Facilities for Hazardous Substances.
717 - Office of Interoperable and Emergency Communications.
717-A - Direct Dialing to Public Service Answering Points.