S T A T E O F N E W Y O R K
________________________________________________________________________
3904--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. CUSICK, ENGLEBRIGHT, ZEBROWSKI, FAHY, MAGNARELLI,
THIELE, McDONALD, ABINANTI, ABBATE, HEVESI, JACKSON, SIMON, GOTTFRIED,
ZINERMAN, OTIS, PALMESANO -- read once and referred to the Committee
on Energy -- reported and referred to the Committee on Ways and Means
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- recommitted to the Committee on
Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06856-05-2
A. 3904--B 2
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.
§ 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. Subdivision 19 of section 66 of the public service law is amended
by adding a new paragraph (d) to read as follows:
(D) THE COMMISSION SHALL HAVE THE POWER TO PROVIDE FOR AN ANNUAL AUDIT
OF GAS CORPORATIONS AND ELECTRIC CORPORATIONS RELATING TO THE ADEQUACY
OF CYBER-SECURITY POLICIES, PROTOCOLS, PROCEDURES AND PROTECTIONS
INCLUDING, BUT NOT LIMITED TO, AS SUCH POLICIES, PROTOCOLS, PROCEDURES
AND PROTECTIONS RELATE TO CRITICAL ENERGY INFRASTRUCTURE AS DEFINED IN
A. 3904--B 3
SUBDIVISION FOURTEEN OF SECTION 1-103 OF THE ENERGY LAW AND ALSO TO
CUSTOMER PRIVACY. THE COMMISSION SHALL HAVE THE DISCRETION TO HAVE SUCH
AUDITS PERFORMED BY ITS STAFF OR BY AN INDEPENDENT THIRD PARTY.
§ 6. 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;
(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.
§ 7. Section 66 of the public service law is amended by adding two new
subdivisions 30 and 31 to read as follows:
30. PROMULGATE RULES AND REGULATIONS TO DIRECT ELECTRIC OR GAS CORPO-
RATIONS TO DEVELOP AND IMPLEMENT TOOLS TO MONITOR OPERATIONAL CONTROL
NETWORKS GIVING THE ELECTRIC OR GAS CORPORATION THE ABILITY TO UNDERTAKE
THE DETECTION OF UNAUTHORIZED NETWORK BEHAVIOR RELATED TO SUCH CORPO-
RATION'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-THREE AND NOT LATER THAN FIVE YEARS AFTER SUCH DATE,
AND EVERY FIVE YEARS THEREAFTER, THE COMMISSION 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
A. 3904--B 4
REQUIRED TO ENSURE THE EFFECTIVE PROTECTION OF ELECTRIC OR GAS CORPO-
RATION CRITICAL INFRASTRUCTURE.
31. 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 ENABLES TWO-WAY COMMUNICATION BETWEEN
UTILITIES AND METERS THROUGH THE OPTIMAL COMMUNICATIONS NETWORK OPTION,
SUCH AS A WIRELESS NETWORK, THAT IS SHARED BY AT LEAST TWO METER PROVID-
ERS OPERATING WITHIN THE UNITED STATES OF AMERICA, IF THE COMMISSION
DETERMINES THAT IT IS COST EFFECTIVE TO DO SO.
§ 8. 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 30 and 31 of section 66 of the public service law on or before
such effective date.