Bill Text: NY A07236 | 2021-2022 | General Assembly | Amended

Bill Title: Requires the service provider to successfully complete and submit to the Long Island power authority the results of an annual stress test of all systems that support outage and restoration management and communications; imposes a civil penalty of two hundred fifty thousand dollars for the failure to complete such stress test; makes related provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-06-01 - substituted by s6426a [A07236 Detail]

Download: New_York-2021-A07236-Amended.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 29, 2021

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on  Corporations, Authorities and Commissions -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said

        AN  ACT  to amend the public authorities law, in relation to the results
          of an annual stress test of all systems that support outage and resto-
          ration management and communications of the Long Island power authori-

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision (cc) of section 1020-f of the public authori-
     2  ties law, as added by section 7 of part A of chapter 173 of the laws  of
     3  2013, is amended by adding a new paragraph 6 to read as follows:
     4    6. The service provider shall successfully complete, and submit to the
     5  authority,  the  results  of  an  annual stress test of all systems that
     6  support outage and restoration management and communications. The stress
     7  test shall include, but shall not be limited to, testing  the  capabili-
     8  ties  at  all  command  and  data centers, call centers, back-up command
     9  centers, and any other system deemed critical by the authority to ensure
    10  capability to handle an outage impacting ninety percent or more  of  the
    11  customers  in the service area. Any management agreement entered into by
    12  the authority and its service providers shall specify the dates on which
    13  the stress test will be  conducted.  The  results  of  the  stress  test
    14  required  pursuant  to this section shall be due to the authority within
    15  ten days of completion and shall be made available to the  public  on  a
    16  website  maintained by the authority within seventy-two hours of receipt
    17  by the authority.  The authority may redact, from  the  publicly  posted
    18  report only, any information contained in the results of a system stress
    19  test  deemed sensitive whereby its release would create a cyber security
    20  risk to the authority's system.  Provided, however, the  authority  must
    21  deliver  a  copy  of  the  full,  unredacted report to the department of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7236--A                          2

     1  public service.  The authority shall certify to the department of public
     2  service, receipt of a successfully completed annual stress test.   Fail-
     3  ure  to  successfully  complete  the annually required stress test shall
     4  result  in  a  civil penalty in the amount of two hundred fifty thousand
     5  dollars per day, to be levied against the service provider and  paid  to
     6  the  authority.  Any payment made by a service provider, and the cost of
     7  any litigation or investigation  related  to  any  action  commenced  to
     8  enforce this provision, shall not be included by the authority in reven-
     9  ue requirements used to establish rates and charges. Rather, any payment
    10  made to the authority pursuant to this section shall be disbursed by the
    11  authority  to  rate payers in the form of a rebate check, prorated based
    12  off the total amount of the fine levied and the number of  customers  in
    13  the  service  territory. Nothing in this section shall prevent a service
    14  provider from conducting additional testing  of  its  outage  management
    15  system,  or prohibit the authority from contracting for additional test-
    16  ing by its service providers.
    17    § 2. This act shall take effect immediately and  shall  apply  to  any
    18  contract  entered into or amended on or after the effective date of this
    19  act.