S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8794
 
                             I N  S E N A T E
 
                               July 16, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. Subdivision 1 of  section  3-101  of  the  energy  law,  as
 amended  by  chapter  253  of  the  laws  of 2013, is amended to read as
 follows:
   1. to obtain and maintain an adequate and continuous supply  of  safe,
 dependable  and economical energy for the people of the state, INCLUDING
 THROUGH THE PROTECTION OF CRITICAL ENERGY INFRASTRUCTURE AS  DEFINED  IN
 SUBDIVISION FOURTEEN OF SECTION 1-103 OF THIS CHAPTER, and to accelerate
 development and use within the state of renewable energy sources, all in
 order to promote the state's economic growth, to create employment with-
 in  the  state,  to  protect  its  environmental values and agricultural
 heritage, to husband  its  resources  for  future  generations,  and  to
 promote the health and welfare of its people;
   §  2.  Section  1-103  of  the energy law is amended by adding two new
 subdivisions 14 and 15 to read as follows:
   14. "CRITICAL ENERGY INFRASTRUCTURE" MEANS SYSTEMS,  INCLUDING  INDUS-
 TRIAL  CONTROL  SYSTEMS,  CUSTOMER  ELECTRICAL  OR GAS CONSUMPTION DATA,
 ASSETS, PLACES OR THINGS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL  TO  THE
 STATE  THAT  THE  DISRUPTION,  INCAPACITATION  OR  DESTRUCTION  OF  SUCH
 SYSTEMS, INCLUDING INDUSTRIAL CONTROL SYSTEMS,  CUSTOMER  ELECTRICAL  OR
 GAS  CONSUMPTION  DATA,  ASSETS,  PLACES  OR THINGS COULD JEOPARDIZE THE
 HEALTH, SAFETY, WELFARE, ENERGY DISTRIBUTION, TRANSMISSION, RELIABILITY,
 OR SECURITY OF THE STATE, ITS RESIDENTS OR ITS ECONOMY.
   15. "INDUSTRIAL CONTROL SYSTEMS" MEANS A COMBINATION OF CONTROL COMPO-
 NENTS THAT SUPPORT OPERATIONAL FUNCTIONS IN  GAS,  DISTRIBUTION,  TRANS-
 MISSION,  AND  ADVANCED METERING INFRASTRUCTURE CONTROL CENTERS, AND ACT
 TOGETHER TO ACHIEVE AN INDUSTRIAL OBJECTIVE, INCLUDING CONTROLS THAT ARE
 FULLY AUTOMATED OR THAT INCLUDE A HUMAN-MACHINE INTERFACE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15175-02-0

 S. 8794                             2
 
   § 3. Paragraph (j) of subdivision 2 of section 709  of  the  executive
 law,  as  amended  by  section 14 of part B of chapter 56 of the laws of
 2010, is amended to read as follows:
   (j)  work  with local, state and federal agencies and private entities
 to conduct assessments of the vulnerability of  critical  infrastructure
 to terrorist attack, CYBER ATTACK, and other natural and man-made disas-
 ters,  including,  but not limited to, nuclear facilities, power plants,
 telecommunications systems, mass transportation  systems,  public  road-
 ways,  railways,  bridges  and tunnels, AND ATTENDANT INDUSTRIAL CONTROL
 SYSTEMS AS DEFINED BY SUBDIVISION FIFTEEN OF SECTION 1-103 OF THE ENERGY
 LAW and develop strategies that may be used to protect such  infrastruc-
 ture from terrorist attack, CYBER ATTACK, and other natural and man-made
 disasters;
   §  4.    Paragraph  (a)  of subdivision 19 of section 66 of the public
 service law, as amended by section 4 of part X of chapter 57 of the laws
 of 2013, is amended to read as follows:
   (a) The commission shall have power  to  provide  for  management  and
 operations  audits  of  gas corporations and electric corporations. Such
 audits shall be performed at least once every five years for combination
 gas and electric corporations, as well as for straight gas  corporations
 having  annual  gross revenues in excess of two hundred million dollars.
 The audit shall include, but not be limited to, an investigation of  the
 company's  construction program planning in relation to the needs of its
 customers for reliable service, an evaluation of the efficiency  of  the
 company's operations AND PROTECTION OF CRITICAL ENERGY INFRASTRUCTURE AS
 DEFINED  IN  SUBDIVISION  FOURTEEN  OF  SECTION 1-103 OF THE ENERGY LAW,
 recommendations with respect to same, and the timing with respect to the
 implementation  of  such  recommendations.  The  commission  shall  have
 discretion to have such audits performed by its staff, or by independent
 auditors.
   In  every  case  in  which  the  commission  chooses to have the audit
 provided for in this subdivision or pursuant to subdivision fourteen  of
 section sixty-five of this article performed by independent auditors, it
 shall  have authority to select the auditors, and to require the company
 being audited to enter into a contract with the auditors  providing  for
 their  payment  by the company. Such contract shall provide further that
 the auditors shall work for and under the direction  of  the  commission
 according  to  such  terms as the commission may determine are necessary
 and reasonable.
   § 5. Paragraph (a) of subdivision 21  of  section  66  of  the  public
 service  law,  as added by section 4 of part X of chapter 57 of the laws
 of 2013, is amended to read as follows:
   (a) Each electric corporation subject to section twenty-five-a of this
 chapter shall annually, on or before December fifteenth, submit  to  the
 commission an emergency response plan for review and approval. The emer-
 gency response plan shall be designed for the reasonably prompt restora-
 tion  of service in the case of an emergency event, defined for purposes
 of this subdivision as an event where widespread outages  have  occurred
 in  the service territory of the company due to storms, CYBER ATTACK, or
 other causes beyond the control of the company. The  emergency  response
 plan  shall  include, but need not be limited to, the following: (i) the
 identification of management staff responsible  for  company  operations
 during  an emergency; (ii) a communications system with customers during
 an emergency that extends beyond  normal  business  hours  and  business
 conditions;  (iii) identification of and outreach plans to customers who
 had documented their need for essential electricity for  medical  needs;

 S. 8794                             3
 
 (iv)  identification  of  and  outreach plans to customers who had docu-
 mented their need for essential electricity to provide critical telecom-
 munications,  critical  transportation,   critical   fuel   distribution
 services or other large-load customers identified by the commission; (v)
 designation  of  company  staff  to communicate with local officials and
 appropriate regulatory  agencies;  (vi)  provisions  regarding  how  the
 company  will  assure the safety of its employees and contractors; (vii)
 procedures for deploying company and mutual aid crews to work assignment
 areas; (viii) identification of additional supplies and equipment needed
 during an emergency; (ix) the means of obtaining additional supplies and
 equipment; (x) procedures to practice the emergency response plan;  (xi)
 appropriate  safety  precautions regarding electrical hazards, including
 plans to promptly secure downed wires within thirty-six hours of notifi-
 cation of the location of such downed wires from a  municipal  emergency
 official;  and (xii) such other additional information as the commission
 may require. Each such corporation shall, on an annual basis,  undertake
 drills  implementing  procedures  to  practice  its emergency management
 plan. The commission may adopt additional requirements  consistent  with
 ensuring  the reasonably prompt restoration of service in the case of an
 emergency event.
   § 6. Section 66 of the public service law is amended by adding two new
 subdivisions 29 and 30 to read as follows:
   29. PROMULGATE RULES AND REGULATIONS TO DIRECT ELECTRIC OR GAS  CORPO-
 RATIONS  TO  DEVELOP  AND IMPLEMENT TOOLS TO CONTINUOUSLY MONITOR OPERA-
 TIONAL CONTROL NETWORKS GIVING THE ELECTRIC OR GAS CORPORATION THE ABIL-
 ITY  TO  UNDERTAKE  THE  IMMEDIATE  DETECTION  OF  UNAUTHORIZED  NETWORK
 BEHAVIOR  RELATED  TO  SUCH CORPORATION'S INDUSTRIAL CONTROL SYSTEMS, AS
 DEFINED IN SUBDIVISION FIFTEEN OF SECTION 1-103 OF THE ENERGY LAW. ON OR
 BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO AND NOT LATER THAN
 FIVE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS THEREAFTER, THE COMMIS-
 SION SHALL PROVIDE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF
 THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRPERSON OF THE ASSEMBLY
 STANDING COMMITTEE ON ENERGY, AND THE CHAIRPERSON OF THE SENATE STANDING
 COMMITTEE  ON  ENERGY  AND  TELECOMMUNICATIONS REVIEWING ELECTRIC OR GAS
 CORPORATION COMPLIANCE  WITH  THIS  SECTION,  INCLUDING,  AS  NECESSARY,
 RECOMMENDATIONS  TO  THE  LEGISLATURE  IF THE COMMISSION DETERMINES THAT
 ADDITIONAL MEASURES ARE REQUIRED TO ENSURE THE EFFECTIVE  PROTECTION  OF
 ELECTRIC OR GAS CORPORATION CRITICAL INFRASTRUCTURE.
   30.  PROMULGATE RULES AND REGULATIONS TO DIRECT ELECTRIC OR GAS CORPO-
 RATIONS TO REQUIRE THE INSTALLATION OF ADVANCED METERING  INFRASTRUCTURE
 THAT  CONNECTS  TO  THE ELECTRIC OR GAS DISTRIBUTION NETWORK OPERATED BY
 SUCH ELECTRIC OR GAS CORPORATION BE PERMITTED ONLY SO LONG AS ACCESS  TO
 THE  ADVANCED METER INFRASTRUCTURE IS GRANTED VIA A WIRELESS MESH INTER-
 OPERABILITY STANDARD THAT IS SHARED BY AT LEAST  TWO  ADVANCED  METERING
 INFRASTRUCTURE PROVIDERS OPERATING WITHIN THE UNITED STATES OF AMERICA.
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law. Effective immediately, the public service
 commission is authorized and  directed  to  take  actions  necessary  to
 promulgate rules and regulations related to the implementation of subdi-
 visions  29  and 30 of section 66 of the public service law on or before
 such effective date.