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S10724 Summary:

BILL NOS10724
 
SAME ASNo Same As
 
SPONSORMAY
 
COSPNSR
 
MLTSPNSR
 
Add ??1285-v & 1285-w, Pub Auth L; add ?89-q, Pub Serv L
 
Establishes the "rural state water utility modernization and security act" which requires the development and implementation of an action plan for the modernization and enhancement of cybersecurity at all rural water utilities in the state; requires SECURE program funding to prioritize rural water utilities.
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S10724 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10724
 
                    IN SENATE
 
                                    October 23, 2026
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public authorities law and the public  service  law,
          in relation to establishing the "rural water utility modernization and
          security act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "rural state water utility modernization and security act".
     3    § 2. Legislative findings and intent. The legislature finds that water
     4  security  is  an  important  aspect of homeland security, and that safe-
     5  guarding public health, securing critical infrastructure,  and  ensuring
     6  equitable  resource  distribution  are  paramount  duties  of the state.
     7  Further, and with respect to drinking water, the state  has  a  duty  of
     8  care  that  should  extend  not only to providing clean water but also a
     9  safe and secure supply of drinking water in rural communities.    Nearly
    10  ninety  percent of the state's total community water systems serve popu-
    11  lations under 10,000; the purpose of this act is to focus on such  rural
    12  systems  because  they  are the most vulnerable to cyber attacks and are
    13  the most in need of modernization.
    14    § 3. The public authorities law is amended by  adding  a  new  section
    15  1285-v to read as follows:
    16    §  1285-v.  Rural  water utility cybersecurity action plan. 1. For the
    17  purposes of this section, the term "rural water utility"  shall  mean  a
    18  water  management  facility,  a  water-works  corporation  as defined by
    19  section two of the public service law, or other owner or operator  of  a
    20  water  system  as  defined  by  section  two  of the public service law,
    21  providing water to ten thousand persons or less at domestic  residences,
    22  schools, and/or hospitals.
    23    2.  The  corporation,  in  consultation  with the division of homeland
    24  security and emergency services, shall develop an action  plan  for  the
    25  modernization and enhancement of cybersecurity at all rural water utili-
    26  ties  in  the  state. Such action plan shall include, but not be limited
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16381-02-6

        S. 10724                            2
 
     1  to, the following steps to be undertaken by rural water utilities in the
     2  state:
     3    (a)  disconnection  of all control devices from direct exposure to the
     4  internet;
     5    (b) installation of secure cybersecurity firewalls and use of  virtual
     6  private networks (VPNs);
     7    (c) regularly updating system access passwords to strong, unique char-
     8  acter combinations; and
     9    (d)  trainings  for  staff  on  how  to safely run rural water utility
    10  plants using manual backup operations.
    11    3. Trainings under paragraph (d) of subdivision two  of  this  section
    12  may  include  video  training  components,  provided, however, that such
    13  trainings include an in-person follow up inspection following such video
    14  training.
    15    4. The action plan developed  pursuant  to  subdivision  two  of  this
    16  section  shall  initially  be  developed  no later than December thirty-
    17  first, two thousand twenty-seven, and shall be reviewed and  updated  as
    18  deemed necessary by the corporation annually thereafter.
    19    § 4. The public service law is amended by adding a new section 89-q to
    20  read as follows:
    21    §  89-q.  Rural  water utility cybersecurity. 1.   For the purposes of
    22  this section, the term "rural water utility" shall mean any  water-works
    23  corporation or other owner or operator of a water system providing water
    24  to  ten thousand persons or less at domestic residences, schools, and/or
    25  hospitals.
    26    2. Each rural water utility in the state shall  implement  the  action
    27  plan  developed  pursuant  to  subdivision two of section twelve hundred
    28  eighty-five-v of the public authorities law.
    29    3. Each rural water utility shall conduct an independent,  third-party
    30  cybersecurity  vulnerability  audit  annually. The results of such audit
    31  shall be filed confidentially with the New York state division of  home-
    32  land security and emergency services.
    33    4.  In  the  event  of a cyber breach, data extortion, or unauthorized
    34  system access, the affected rural water utility shall notify  the  divi-
    35  sion  of  homeland  security and emergency services and the state police
    36  cybercrime unit within twenty-four hours of discovery.
    37    5. The New York state division  of  homeland  security  and  emergency
    38  services shall establish a specialized water cyber-defense task force to
    39  provide free technical assistance, monitoring tools, and emergency reme-
    40  diation services to rural water utilities.
    41    §  5.  The  public  authorities law is amended by adding a new section
    42  1285-w to read as follows:
    43    § 1285-w. Rural water utility funding and accessibility expansion.  1.
    44  For  the  purposes of this section, the term "rural water utility" shall
    45  mean any water-works corporation or other owner or operator of  a  water
    46  system providing water to ten thousand persons or less at domestic resi-
    47  dences, schools, and/or hospitals.
    48    2. The strengthening essential cybersecurity for utilities and resili-
    49  ency  enhancements  (SECURE)  program  established  and  operated by the
    50  authority of the New York  environmental  facilities  corporation  shall
    51  prioritize  rural  water  utilities  in the distribution of grants under
    52  such program.
    53    § 6. Severability. If any clause,  sentence,  paragraph,  subdivision,
    54  section  or part of this act shall be adjudged by any court of competent
    55  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    56  invalidate the remainder thereof, but shall be confined in its operation

        S. 10724                            3
 
     1  to the clause, sentence, paragraph, subdivision, section or part thereof
     2  directly  involved  in the controversy in which such judgment shall have
     3  been rendered. It is hereby declared to be the intent of the legislature
     4  that  this  act  would have been enacted even if such invalid provisions
     5  had not been included herein.
     6    § 7. This act shall take effect immediately.
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