NY State Senate Bill 2021-S6426A

Senate Bill S6426A

Vetoed By Governor

2021-2022 Legislative Session

Relates to the results of an annual stress test of all systems that support outage and restoration management and communications of the Long Island power authority

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 29, 2021	vetoed memo.81
Dec 17, 2021	delivered to governor
Jun 03, 2021	returned to senate passed assembly
Jun 01, 2021	ordered to third reading rules cal.228 substituted for a7236a referred to corporations, authorities and commissions delivered to assembly passed senate
May 12, 2021	advanced to third reading
May 11, 2021	2nd report cal.
May 10, 2021	1st report cal.934
May 06, 2021	print number 6426a
May 06, 2021	amend (t) and recommit to energy and telecommunications
Apr 28, 2021	referred to energy and telecommunications

Votes

- Jun 1, 2021 - Floor Vote
  S6426A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 10, 2021 - Energy And Telecommunications Committee Vote
  S6426A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 10, 2021
      
      aye (8)
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Parker
      
      Ritchie
      
      aye wr (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2021-S6426 - Details

See Assembly Version of this Bill:: A7236
Law Section:: Public Authorities Law
Laws Affected:: Amd §1020-f, Pub Auth L

2021-S6426 - Summary

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.

2021-S6426 - Sponsor Memo

                                
 
BILL NUMBER: S6426

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires service providers of the Long Island Power Authority
to successfully complete an annual stress test of all outage management
and communications systems.

 
SUMMARY OF PROVISIONS:

Section one amends the public authorities law section 1020-f, subsection
(cc), by adding a new subdivision 6. This new section will require that
all service providers of the Long Island Power Authority successfully
complete an annual stress test of all outage management and communi-

cation systems. This section provides for a fine of $250,000 per day for
failure to successfully complete the annual stress test, prohibits the
fine being used as a basis in any rate calculation and instead provides
that the fine will be disbursed on a prorated basis to all customers' in
the service territory.

 
JUSTIFICATION:

Tropical Storm Isaias left too many Long Islanders in the dark for too
long. The failure of PSEG's outage management and communications systems
lead to prolonged outages, confusion, and misuse of resources. The fail-
ure of these systems was avoidable. Proper oversight by the Long Island
Power Authority would have revealed the failures of PSEG's system prior
to the storm.

As a result, the Long Island Power Authority required that their service
provider undertake an immediate stress test of its systems.  Astounding-
ly, to date, the stress test has still not been successfully completed.
This leaves Long Islanders susceptible to another storm, as hurricane
season again approaches.

This bill will require that all contracts entered in to by LIPA with any
service provider contain a component requiring regular stress testing of
all outage management and communications systems.  Penalties will be
assessed in the event that the service providers fails to meet its
contractual duties, which will be disbursed to rate payers in the LIPA
service territory as a rebate.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect immediately and will apply to contracts
entered in to or amended on or after the effective date.

2021-S6426 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6426
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  Subdivision (cc) of section 1020-f of the public authori-
 ties law, as added by section 7 of part A of chapter 173 of the laws  of
 2013, is amended by adding a new paragraph 6 to read as follows:
   6. THE SERVICE PROVIDER SHALL SUCCESSFULLY COMPLETE, AND SUBMIT TO THE
 AUTHORITY,  THE  RESULTS  OF  AN  ANNUAL STRESS TEST OF ALL SYSTEMS THAT
 SUPPORT OUTAGE MANAGEMENT AND  COMMUNICATIONS.  THE  STRESS  TEST  SHALL
 INCLUDE,  BUT  SHALL  NOT BE LIMITED TO, TESTING THE CAPABILITIES AT ALL
 COMMAND AND DATA CENTERS, CALL CENTERS AND BACK-UP  COMMAND  CENTERS  TO
 ENSURE  CAPABILITY  TO HANDLE AN OUTAGE IMPACTING NINETY PERCENT OR MORE
 OF THE CUSTOMERS IN THE SERVICE AREA. ANY MANAGEMENT  AGREEMENT  ENTERED
 INTO  BY THE AUTHORITY AND ITS SERVICE PROVIDERS SHALL SPECIFY THE DATES
 ON WHICH THE STRESS TEST WILL BE CONDUCTED. THE RESULTS  OF  THE  STRESS
 TEST  REQUIRED  PURSUANT  TO  THIS SECTION SHALL BE DUE TO THE AUTHORITY
 WITHIN TEN DAYS OF COMPLETION AND SHALL BE MADE AVAILABLE TO THE  PUBLIC
 ON  A  WEBSITE  MAINTAINED  BY THE AUTHORITY WITHIN SEVENTY-TWO HOURS OF
 RECEIPT BY THE AUTHORITY. THE AUTHORITY SHALL CERTIFY TO THE  DEPARTMENT
 OF  PUBLIC  SERVICE,  RECEIPT  OF A SUCCESSFULLY COMPLETED ANNUAL STRESS
 TEST.  FAILURE TO SUCCESSFULLY COMPLETE  THE  ANNUALLY  REQUIRED  STRESS
 TEST  SHALL RESULT IN A CIVIL PENALTY IN THE AMOUNT OF TWO HUNDRED FIFTY
 THOUSAND DOLLARS PER DAY, TO BE LEVIED AGAINST THE SERVICE PROVIDER  AND
 PAID  TO  THE AUTHORITY. ANY PAYMENT MADE BY A SERVICE PROVIDER, AND THE
 COST OF ANY LITIGATION OR INVESTIGATION RELATED TO ANY ACTION  COMMENCED
 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
 
 REVENUE REQUIREMENTS USED TO ESTABLISH RATES AND  CHARGES.  RATHER,  ANY
 PAYMENT  MADE  TO  THE  AUTHORITY  PURSUANT  TO  THIS  SECTION  SHALL BE
 DISBURSED BY THE AUTHORITY TO RATE PAYERS IN THE FORM OF A REBATE CHECK,
 PRORATED BASED OFF THE TOTAL AMOUNT OF THE FINE LEVIED AND THE NUMBER OF
 CUSTOMERS  IN  THE  SERVICE  TERRITORY.  NOTHING  IN  THIS SECTION SHALL
 PREVENT A SERVICE PROVIDER FROM CONDUCTING  ADDITIONAL  TESTING  OF  ITS
 OUTAGE MANAGEMENT SYSTEM, OR PROHIBIT THE AUTHORITY FROM CONTRACTING FOR
 ADDITIONAL TESTING BY ITS SERVICE PROVIDERS.
   §  2.  This  act  shall take effect immediately and shall apply to any
 contract entered into or amended on or after the effective date of  this
 act.

2021-S6426A (ACTIVE) - Details

See Assembly Version of this Bill:: A7236
Law Section:: Public Authorities Law
Laws Affected:: Amd §1020-f, Pub Auth L

2021-S6426A (ACTIVE) - Summary

2021-S6426A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6426A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

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 restora-
tion management and communications of the Long Island power authority

 
SUMMARY OF PROVISIONS:

Section one amends the public authorities law section 1020-f, subsection
(cc), by adding a new subdivision 6. This new section will require that
all service providers of the Long Island Power Authority successfully
complete an annual stress test of all outage management and communi-
cation systems. This section provides for a fine of $250,000 per day for
failure to successfully complete the annual stress test, prohibits the
fine being used as a basis in any rate calculation and instead provides
that the fine will be disbursed on a prorated basis to all customers in
the service territory.

 
JUSTIFICATION:

Tropical Storm Isaias left too many Long Islanders in the dark for too
long. The failure of PSEG's outage management and communications systems
lead to prolonged outages, confusion, and misuse of resources. The fail-
ure of these systems was avoidable. Proper oversight by the Long Island
Power Authority would have revealed the failures of PSEG's system prior
to the storm.

As a result, the Long Island Power Authority required that their service
provider undertake an immediate stress test of its systems.  Astounding-
ly, to date, the stress test has still not been successfully completed.
This leaves Long Islanders susceptible to another storm, as hurricane
season again approaches.

This bill will require that all contracts entered in to by LIPA with any
service provider contain a component requiring regular stress testing of
all outage management and communications systems.  Penalties will be
assessed in the event that the service providers fails to meet its
contractual duties, which will be disbursed to rate payers in the LIPA
service territory as a rebate.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect immediately and will apply to contracts
entered in to or amended on or after the effective date.

2021-S6426A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6426--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. Subdivision (cc) of section 1020-f of the  public  authori-
 ties  law, as added by section 7 of part A of chapter 173 of the laws of
 2013, is amended by adding a new paragraph 6 to read as follows:
   6. THE SERVICE PROVIDER SHALL SUCCESSFULLY COMPLETE, AND SUBMIT TO THE
 AUTHORITY, THE RESULTS OF AN ANNUAL STRESS  TEST  OF  ALL  SYSTEMS  THAT
 SUPPORT OUTAGE AND RESTORATION MANAGEMENT AND COMMUNICATIONS. THE STRESS
 TEST  SHALL  INCLUDE, BUT SHALL NOT BE LIMITED TO, TESTING THE CAPABILI-
 TIES AT ALL COMMAND AND DATA  CENTERS,  CALL  CENTERS,  BACK-UP  COMMAND
 CENTERS, AND ANY OTHER SYSTEM DEEMED CRITICAL BY THE AUTHORITY TO ENSURE
 CAPABILITY  TO  HANDLE AN OUTAGE IMPACTING NINETY PERCENT OR MORE OF THE
 CUSTOMERS IN THE SERVICE AREA. ANY MANAGEMENT AGREEMENT ENTERED INTO  BY
 THE AUTHORITY AND ITS SERVICE PROVIDERS SHALL SPECIFY THE DATES ON WHICH
 THE  STRESS  TEST  WILL  BE  CONDUCTED.  THE  RESULTS OF THE STRESS TEST
 REQUIRED PURSUANT TO THIS SECTION SHALL BE DUE TO THE  AUTHORITY  WITHIN
 TEN  DAYS  OF  COMPLETION AND SHALL BE MADE AVAILABLE TO THE PUBLIC ON A
 WEBSITE MAINTAINED BY THE AUTHORITY WITHIN SEVENTY-TWO HOURS OF  RECEIPT
 BY  THE  AUTHORITY.   THE AUTHORITY MAY REDACT, FROM THE PUBLICLY POSTED
 REPORT ONLY, ANY INFORMATION CONTAINED IN THE RESULTS OF A SYSTEM STRESS
 TEST DEEMED SENSITIVE WHEREBY ITS RELEASE WOULD CREATE A CYBER  SECURITY
 RISK  TO  THE AUTHORITY'S SYSTEM.  PROVIDED, HOWEVER, THE AUTHORITY MUST
 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
 
 PUBLIC SERVICE.  THE AUTHORITY SHALL CERTIFY TO THE DEPARTMENT OF PUBLIC
 SERVICE,  RECEIPT OF A SUCCESSFULLY COMPLETED ANNUAL STRESS TEST.  FAIL-
 URE TO SUCCESSFULLY COMPLETE THE ANNUALLY  REQUIRED  STRESS  TEST  SHALL
 RESULT  IN  A  CIVIL PENALTY IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND
 DOLLARS PER DAY, TO BE LEVIED AGAINST THE SERVICE PROVIDER AND  PAID  TO
 THE  AUTHORITY.  ANY PAYMENT MADE BY A SERVICE PROVIDER, AND THE COST OF
 ANY LITIGATION OR INVESTIGATION  RELATED  TO  ANY  ACTION  COMMENCED  TO
 ENFORCE THIS PROVISION, SHALL NOT BE INCLUDED BY THE AUTHORITY IN REVEN-
 UE REQUIREMENTS USED TO ESTABLISH RATES AND CHARGES. RATHER, ANY PAYMENT
 MADE TO THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE DISBURSED BY THE
 AUTHORITY  TO  RATE PAYERS IN THE FORM OF A REBATE CHECK, PRORATED BASED
 OFF THE TOTAL AMOUNT OF THE FINE LEVIED AND THE NUMBER OF  CUSTOMERS  IN
 THE  SERVICE  TERRITORY. NOTHING IN THIS SECTION SHALL PREVENT A SERVICE
 PROVIDER FROM CONDUCTING ADDITIONAL TESTING  OF  ITS  OUTAGE  MANAGEMENT
 SYSTEM,  OR PROHIBIT THE AUTHORITY FROM CONTRACTING FOR ADDITIONAL TEST-
 ING BY ITS SERVICE PROVIDERS.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 contract  entered into or amended on or after the effective date of this
 act.

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