Bill Text: NY A03904 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to critical energy infrastructure security and responsibility; relates to the protection of critical infrastructure in the state.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2022-12-23 - approval memo.58 [A03904 Detail]
Download: New_York-2021-A03904-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3904--B 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. CUSICK, ENGLEBRIGHT, ZEBROWSKI, FAHY, MAGNARELLI, THIELE, McDONALD, ABINANTI, ABBATE, HEVESI, JACKSON, SIMON, GOTTFRIED, ZINERMAN, OTIS, PALMESANO -- read once and referred to the Committee on Energy -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the energy law, the executive law and the public service law, in relation to critical energy infrastructure security and responsibility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 3-101 of the energy law, as 2 amended by chapter 253 of the laws of 2013, is amended to read as 3 follows: 4 1. to obtain and maintain an adequate and continuous supply of safe, 5 dependable and economical energy for the people of the state, including 6 through the protection of critical energy infrastructure as defined in 7 subdivision fourteen of section 1-103 of this chapter, and to accelerate 8 development and use within the state of renewable energy sources, all in 9 order to promote the state's economic growth, to create employment with- 10 in the state, to protect its environmental values and agricultural 11 heritage, to husband its resources for future generations, and to 12 promote the health and welfare of its people; 13 § 2. Section 1-103 of the energy law is amended by adding two new 14 subdivisions 14 and 15 to read as follows: 15 14. "Critical energy infrastructure" means systems, including indus- 16 trial control systems, customer electrical or gas consumption data, 17 assets, places or things, whether physical or virtual, so vital to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06856-05-2A. 3904--B 2 1 state that the disruption, incapacitation or destruction of such 2 systems, including industrial control systems, customer electrical or 3 gas consumption data, assets, places or things could jeopardize the 4 health, safety, welfare, energy distribution, transmission, reliability, 5 or security of the state, its residents or its economy. 6 15. "Industrial control systems" means a combination of control compo- 7 nents that support operational functions in gas, distribution, trans- 8 mission, and advanced metering infrastructure control centers, and act 9 together to achieve an industrial objective, including controls that are 10 fully automated or that include a human-machine interface. 11 § 3. Paragraph (j) of subdivision 2 of section 709 of the executive 12 law, as amended by section 14 of part B of chapter 56 of the laws of 13 2010, is amended to read as follows: 14 (j) work with local, state and federal agencies and private entities 15 to conduct assessments of the vulnerability of critical infrastructure 16 to terrorist attack, cyber attack, and other natural and man-made disas- 17 ters, including, but not limited to, nuclear facilities, power plants, 18 telecommunications systems, mass transportation systems, public road- 19 ways, railways, bridges and tunnels, and attendant industrial control 20 systems as defined by subdivision fifteen of section 1-103 of the energy 21 law and develop strategies that may be used to protect such infrastruc- 22 ture from terrorist attack, cyber attack, and other natural and man-made 23 disasters; 24 § 4. Paragraph (a) of subdivision 19 of section 66 of the public 25 service law, as amended by section 4 of part X of chapter 57 of the laws 26 of 2013, is amended to read as follows: 27 (a) The commission shall have power to provide for management and 28 operations audits of gas corporations and electric corporations. Such 29 audits shall be performed at least once every five years for combination 30 gas and electric corporations, as well as for straight gas corporations 31 having annual gross revenues in excess of two hundred million dollars. 32 The audit shall include, but not be limited to, an investigation of the 33 company's construction program planning in relation to the needs of its 34 customers for reliable service, an evaluation of the efficiency of the 35 company's operations and protection of critical energy infrastructure as 36 defined in subdivision fourteen of section 1-103 of the energy law, 37 recommendations with respect to same, and the timing with respect to the 38 implementation of such recommendations. The commission shall have 39 discretion to have such audits performed by its staff, or by independent 40 auditors. 41 In every case in which the commission chooses to have the audit 42 provided for in this subdivision or pursuant to subdivision fourteen of 43 section sixty-five of this article performed by independent auditors, it 44 shall have authority to select the auditors, and to require the company 45 being audited to enter into a contract with the auditors providing for 46 their payment by the company. Such contract shall provide further that 47 the auditors shall work for and under the direction of the commission 48 according to such terms as the commission may determine are necessary 49 and reasonable. 50 § 5. Subdivision 19 of section 66 of the public service law is amended 51 by adding a new paragraph (d) to read as follows: 52 (d) The commission shall have the power to provide for an annual audit 53 of gas corporations and electric corporations relating to the adequacy 54 of cyber-security policies, protocols, procedures and protections 55 including, but not limited to, as such policies, protocols, procedures 56 and protections relate to critical energy infrastructure as defined inA. 3904--B 3 1 subdivision fourteen of section 1-103 of the energy law and also to 2 customer privacy. The commission shall have the discretion to have such 3 audits performed by its staff or by an independent third party. 4 § 6. Paragraph (a) of subdivision 21 of section 66 of the public 5 service law, as added by section 4 of part X of chapter 57 of the laws 6 of 2013, is amended to read as follows: 7 (a) Each electric corporation subject to section twenty-five-a of this 8 chapter shall annually, on or before December fifteenth, submit to the 9 commission an emergency response plan for review and approval. The emer- 10 gency response plan shall be designed for the reasonably prompt restora- 11 tion of service in the case of an emergency event, defined for purposes 12 of this subdivision as an event where widespread outages have occurred 13 in the service territory of the company due to storms, cyber attack, or 14 other causes beyond the control of the company. The emergency response 15 plan shall include, but need not be limited to, the following: (i) the 16 identification of management staff responsible for company operations 17 during an emergency; (ii) a communications system with customers during 18 an emergency that extends beyond normal business hours and business 19 conditions; (iii) identification of and outreach plans to customers who 20 had documented their need for essential electricity for medical needs; 21 (iv) identification of and outreach plans to customers who had docu- 22 mented their need for essential electricity to provide critical telecom- 23 munications, critical transportation, critical fuel distribution 24 services or other large-load customers identified by the commission; (v) 25 designation of company staff to communicate with local officials and 26 appropriate regulatory agencies; (vi) provisions regarding how the 27 company will assure the safety of its employees and contractors; (vii) 28 procedures for deploying company and mutual aid crews to work assignment 29 areas; (viii) identification of additional supplies and equipment needed 30 during an emergency; (ix) the means of obtaining additional supplies and 31 equipment; (x) procedures to practice the emergency response plan; (xi) 32 appropriate safety precautions regarding electrical hazards, including 33 plans to promptly secure downed wires within thirty-six hours of notifi- 34 cation of the location of such downed wires from a municipal emergency 35 official; and (xii) such other additional information as the commission 36 may require. Each such corporation shall, on an annual basis, undertake 37 drills implementing procedures to practice its emergency management 38 plan. The commission may adopt additional requirements consistent with 39 ensuring the reasonably prompt restoration of service in the case of an 40 emergency event. 41 § 7. Section 66 of the public service law is amended by adding two new 42 subdivisions 30 and 31 to read as follows: 43 30. Promulgate rules and regulations to direct electric or gas corpo- 44 rations to develop and implement tools to monitor operational control 45 networks giving the electric or gas corporation the ability to undertake 46 the detection of unauthorized network behavior related to such corpo- 47 ration's industrial control systems, as defined in subdivision fifteen 48 of section 1-103 of the energy law. On or before December thirty-first, 49 two thousand twenty-three and not later than five years after such date, 50 and every five years thereafter, the commission shall provide a report 51 to the governor, the temporary president of the senate, the speaker of 52 the assembly, the chairperson of the assembly standing committee on 53 energy, and the chairperson of the senate standing committee on energy 54 and telecommunications reviewing electric or gas corporation compliance 55 with this section, including, as necessary, recommendations to the 56 legislature if the commission determines that additional measures areA. 3904--B 4 1 required to ensure the effective protection of electric or gas corpo- 2 ration critical infrastructure. 3 31. Promulgate rules and regulations to direct electric or gas corpo- 4 rations to require the installation of advanced metering infrastructure 5 that connects to the electric or gas distribution network operated by 6 such electric or gas corporation be permitted only so long as access to 7 the advanced meter infrastructure enables two-way communication between 8 utilities and meters through the optimal communications network option, 9 such as a wireless network, that is shared by at least two meter provid- 10 ers operating within the United States of America, if the commission 11 determines that it is cost effective to do so. 12 § 8. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law. Effective immediately, the public service 14 commission is authorized and directed to take actions necessary to 15 promulgate rules and regulations related to the implementation of subdi- 16 visions 30 and 31 of section 66 of the public service law on or before 17 such effective date.
