Bill Text: NY S05579 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to critical energy infrastructure security and responsibility; relates to the protection of critical infrastructure in the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-17 - SUBSTITUTED BY A3904B [S05579 Detail]

Download: New_York-2021-S05579-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5579

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 11, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        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
    18  state  that  the  disruption,  incapacitation  or  destruction  of  such
    19  systems,  including  industrial  control systems, customer electrical or
    20  gas consumption data, assets, places  or  things  could  jeopardize  the
    21  health, safety, welfare, energy distribution, transmission, reliability,
    22  or security of the state, its residents or its economy.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06856-01-1
        S. 5579                             2

     1    15. "Industrial control systems" means a combination of control compo-
     2  nents  that  support  operational functions in gas, distribution, trans-
     3  mission, and advanced metering infrastructure control centers,  and  act
     4  together to achieve an industrial objective, including controls that are
     5  fully automated or that include a human-machine interface.
     6    §  3.  Paragraph  (j) of subdivision 2 of section 709 of the executive
     7  law, as amended by section 14 of part B of chapter 56  of  the  laws  of
     8  2010, is amended to read as follows:
     9    (j)  work  with local, state and federal agencies and private entities
    10  to conduct assessments of the vulnerability of  critical  infrastructure
    11  to terrorist attack, cyber attack, and other natural and man-made disas-
    12  ters,  including,  but not limited to, nuclear facilities, power plants,
    13  telecommunications systems, mass transportation  systems,  public  road-
    14  ways,  railways,  bridges  and tunnels, and attendant industrial control
    15  systems as defined by subdivision fifteen of section 1-103 of the energy
    16  law and develop strategies that may be used to protect such  infrastruc-
    17  ture from terrorist attack, cyber attack, and other natural and man-made
    18  disasters;
    19    §  4.    Paragraph  (a)  of subdivision 19 of section 66 of the public
    20  service law, as amended by section 4 of part X of chapter 57 of the laws
    21  of 2013, is amended to read as follows:
    22    (a) The commission shall have power  to  provide  for  management  and
    23  operations  audits  of  gas corporations and electric corporations. Such
    24  audits shall be performed at least once every five years for combination
    25  gas and electric corporations, as well as for straight gas  corporations
    26  having  annual  gross revenues in excess of two hundred million dollars.
    27  The audit shall include, but not be limited to, an investigation of  the
    28  company's  construction program planning in relation to the needs of its
    29  customers for reliable service, an evaluation of the efficiency  of  the
    30  company's operations and protection of critical energy infrastructure as
    31  defined  in  subdivision  fourteen  of  section 1-103 of the energy law,
    32  recommendations with respect to same, and the timing with respect to the
    33  implementation  of  such  recommendations.  The  commission  shall  have
    34  discretion to have such audits performed by its staff, or by independent
    35  auditors.
    36    In  every  case  in  which  the  commission  chooses to have the audit
    37  provided for in this subdivision or pursuant to subdivision fourteen  of
    38  section sixty-five of this article performed by independent auditors, it
    39  shall  have authority to select the auditors, and to require the company
    40  being audited to enter into a contract with the auditors  providing  for
    41  their  payment  by the company. Such contract shall provide further that
    42  the auditors shall work for and under the direction  of  the  commission
    43  according  to  such  terms as the commission may determine are necessary
    44  and reasonable.
    45    § 5. Paragraph (a) of subdivision 21  of  section  66  of  the  public
    46  service  law,  as added by section 4 of part X of chapter 57 of the laws
    47  of 2013, is amended to read as follows:
    48    (a) Each electric corporation subject to section twenty-five-a of this
    49  chapter shall annually, on or before December fifteenth, submit  to  the
    50  commission an emergency response plan for review and approval. The emer-
    51  gency response plan shall be designed for the reasonably prompt restora-
    52  tion  of service in the case of an emergency event, defined for purposes
    53  of this subdivision as an event where widespread outages  have  occurred
    54  in  the service territory of the company due to storms, cyber attack, or
    55  other causes beyond the control of the company. The  emergency  response
    56  plan  shall  include, but need not be limited to, the following: (i) the
        S. 5579                             3

     1  identification of management staff responsible  for  company  operations
     2  during  an emergency; (ii) a communications system with customers during
     3  an emergency that extends beyond  normal  business  hours  and  business
     4  conditions;  (iii) identification of and outreach plans to customers who
     5  had documented their need for essential electricity for  medical  needs;
     6  (iv)  identification  of  and  outreach plans to customers who had docu-
     7  mented their need for essential electricity to provide critical telecom-
     8  munications,  critical  transportation,   critical   fuel   distribution
     9  services or other large-load customers identified by the commission; (v)
    10  designation  of  company  staff  to communicate with local officials and
    11  appropriate regulatory  agencies;  (vi)  provisions  regarding  how  the
    12  company  will  assure the safety of its employees and contractors; (vii)
    13  procedures for deploying company and mutual aid crews to work assignment
    14  areas; (viii) identification of additional supplies and equipment needed
    15  during an emergency; (ix) the means of obtaining additional supplies and
    16  equipment; (x) procedures to practice the emergency response plan;  (xi)
    17  appropriate  safety  precautions regarding electrical hazards, including
    18  plans to promptly secure downed wires within thirty-six hours of notifi-
    19  cation of the location of such downed wires from a  municipal  emergency
    20  official;  and (xii) such other additional information as the commission
    21  may require. Each such corporation shall, on an annual basis,  undertake
    22  drills  implementing  procedures  to  practice  its emergency management
    23  plan. The commission may adopt additional requirements  consistent  with
    24  ensuring  the reasonably prompt restoration of service in the case of an
    25  emergency event.
    26    § 6. Section 66 of the public service law is amended by adding two new
    27  subdivisions 29 and 30 to read as follows:
    28    29. Promulgate rules and regulations to direct electric or gas  corpo-
    29  rations  to  develop  and implement tools to continuously monitor opera-
    30  tional control networks giving the electric or gas corporation the abil-
    31  ity  to  undertake  the  immediate  detection  of  unauthorized  network
    32  behavior  related  to  such corporation's industrial control systems, as
    33  defined in subdivision fifteen of section 1-103 of the energy law. On or
    34  before December thirty-first, two thousand twenty-three  and  not  later
    35  than  five  years  after such date, and every five years thereafter, the
    36  commission shall provide a report to the governor, the temporary  presi-
    37  dent  of the senate, the speaker of the assembly, the chairperson of the
    38  assembly standing committee on energy, and the chairperson of the senate
    39  standing committee on energy and telecommunications  reviewing  electric
    40  or  gas  corporation  compliance with this section, including, as neces-
    41  sary, recommendations to the legislature if  the  commission  determines
    42  that additional measures are required to ensure the effective protection
    43  of electric or gas corporation critical infrastructure.
    44    30.  Promulgate rules and regulations to direct electric or gas corpo-
    45  rations to require the installation of advanced metering  infrastructure
    46  that  connects  to  the electric or gas distribution network operated by
    47  such electric or gas corporation be permitted only so long as access  to
    48  the  advanced meter infrastructure is granted via a wireless mesh inter-
    49  operability standard that is shared by at least  two  advanced  metering
    50  infrastructure providers operating within the United States of America.
    51    § 7. This act shall take effect on the one hundred eightieth day after
    52  it  shall  have  become a law. Effective immediately, the public service
    53  commission is authorized and  directed  to  take  actions  necessary  to
    54  promulgate rules and regulations related to the implementation of subdi-
    55  visions  29  and 30 of section 66 of the public service law on or before
    56  such effective date.