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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6426--A

                               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  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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-
          ty

          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.
                                                                   LBD11136-02-1
        S. 6426--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.