S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7236--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on  Corporations, Authorities and Commissions -- 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.
              

                                                            LBD11136-03-1

 A. 7236--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.