Bill Text: NY S06426 | 2021-2022 | General Assembly | Introduced

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

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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 1-0)

Status: (Vetoed) 2021-12-29 - VETOED MEMO.81 [S06426 Detail]

Download: New_York-2021-S06426-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6426

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 28, 2021
                                       ___________

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

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

          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 management and  communications.  The  stress  test  shall
     7  include,  but  shall  not be limited to, testing the capabilities at all
     8  command and data centers, call centers and back-up  command  centers  to
     9  ensure  capability  to handle an outage impacting ninety percent or more
    10  of the customers in the service area. Any management  agreement  entered
    11  into  by the authority and its service providers shall specify the dates
    12  on which the stress test will be conducted. The results  of  the  stress
    13  test  required  pursuant  to  this section shall be due to the authority
    14  within ten days of completion and shall be made available to the  public
    15  on  a  website  maintained  by the authority within seventy-two hours of
    16  receipt by the authority. The authority shall certify to the  department
    17  of  public  service,  receipt  of a successfully completed annual stress
    18  test.  Failure to successfully complete  the  annually  required  stress
    19  test  shall result in a civil penalty in the amount of two hundred fifty
    20  thousand dollars per day, to be levied against the service provider  and
    21  paid  to  the authority. Any payment made by a service provider, and the
    22  cost of any litigation or investigation related to any action  commenced
    23  to  enforce  this  provision,  shall not be included by the authority in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11136-01-1
        S. 6426                             2

     1  revenue requirements used to establish rates and  charges.  Rather,  any
     2  payment  made  to  the  authority  pursuant  to  this  section  shall be
     3  disbursed by the authority to rate payers in the form of a rebate check,
     4  prorated based off the total amount of the fine levied and the number of
     5  customers  in  the  service  territory.  Nothing  in  this section shall
     6  prevent a service provider from conducting  additional  testing  of  its
     7  outage management system, or prohibit the authority from contracting for
     8  additional testing by its service providers.
     9    §  2.  This  act  shall take effect immediately and shall apply to any
    10  contract entered into or amended on or after the effective date of  this
    11  act.