Amd §§145.15 & 145.20, Pen L; amd §§62, 64, 69-e, 69-g & 69-i, add §§63-b & 69-h, ren §69-h to be §69-i, Gen
Bus L
Enacts the "prevention of damage to critical infrastructure act"; prevents junk dealers and scrap processors from selling metals that are used by critical infrastructure providers; defines terms.
STATE OF NEW YORK
________________________________________________________________________
8302--C
2025-2026 Regular Sessions
IN SENATE
May 30, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law and the general business law, in relation
to enacting the "prevention of damage to critical infrastructure act
of 2026"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "prevention
2 of damage to critical infrastructure act of 2026".
3 § 2. Section 145.15 of the penal law, as amended by chapter 585 of the
4 laws of 2006, is amended to read as follows:
5 § 145.15 Criminal tampering in the second degree.
6 1. For purposes of this section, a "critical infrastructure provider"
7 shall mean a utility company as defined in subdivision twenty-three of
8 section two of the public service law, an electric plant as defined in
9 subdivision twelve of section two of the public service law, a cooper-
10 ative as such term is defined in section two of the rural electric coop-
11 erative law, a cable television company as defined in subdivision one of
12 section two hundred twelve of the public service law, an internet
13 service provider as defined in paragraph (g) of subdivision one of
14 section two hundred twenty-four-c of the public service law, a cellular
15 telephone company, any other person or entity providing voice or data
16 communications services to the public, regardless of its regulatory
17 status under state or federal law, or a public utility authority subject
18 to the provisions of article five of the public authorities law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13225-07-6
S. 8302--C 2
1 2. A person is guilty of criminal tampering in the second degree when,
2 having no right to do so nor any reasonable ground to believe that [he]
3 such person has such right, [he or she] such person tampers with,
4 damages or makes connection with property of a [gas, electric, sewer,
5 steam or water-works corporation, telephone or telegraph corporation,
6 common carrier, nuclear powered electric generating facility, or public
7 utility operated by a municipality or district; except that in any pros-
8 ecution under this section, it is an affirmative defense that the
9 defendant did not engage in such conduct for a larcenous or otherwise
10 unlawful or wrongful purpose] critical infrastructure provider.
11 Criminal tampering in the second degree is a class A misdemeanor.
12 § 3. Section 145.20 of the penal law, as amended by chapter 585 of the
13 laws of 2006, is amended to read as follows:
14 § 145.20 Criminal tampering in the first degree.
15 1. For purposes of this section, a "critical infrastructure provider"
16 shall mean a utility company as defined in subdivision twenty-three of
17 section two of the public service law, an electric plant as defined in
18 subdivision twelve of section two of the public service law, a cooper-
19 ative as such term is defined in section two of the rural electric coop-
20 erative law, a cable television company as defined in subdivision one of
21 section two hundred twelve of the public service law, an internet
22 service provider as defined in paragraph (g) of subdivision one of
23 section two hundred twenty-four-c of the public service law, a cellular
24 telephone company, any other person or entity providing voice or data
25 communications services to the public, regardless of its regulatory
26 status under state or federal law, or a public utility authority subject
27 to the provisions of article five of the public authorities law.
28 2. A person is guilty of criminal tampering in the first degree when,
29 with intent to cause a substantial interruption or impairment of a
30 service rendered to the public, and having no right to do so nor any
31 reasonable ground to believe that [he or she] such person has such
32 right, [he or she] such person damages or tampers with property of a
33 [gas, electric, sewer, steam or water-works corporation, telephone or
34 telegraph corporation, common carrier, nuclear powered electric generat-
35 ing facility, or public utility operated by a municipality or district]
36 critical infrastructure provider, and thereby causes such substantial
37 interruption or impairment of service.
38 Criminal tampering in the first degree is a class D felony.
39 § 4. Section 62 of the general business law, as amended by chapter 302
40 of the laws of 2007, is amended to read as follows:
41 § 62. Statement required from persons selling certain property. 1. On
42 purchasing any pig or pigs of metal, bronze or brass castings or parts
43 thereof, sprues or gates or parts thereof, copper wire, tubing or cable,
44 or brass car journals, or metal beer kegs, such junk dealer shall:
45 (a) cause to be subscribed by the person from whom purchased a state-
46 ment [as to] setting forth: (i) the date of the purchase, (ii) when,
47 where and from whom [he or she] such person obtained such property or
48 other proof of authorization to sell such items, [also his or her] (iii)
49 such person's identity as verified by a government issued identification
50 card, (iv) such person's age, residence address by city, village or
51 town, and the street and number thereof, if any, (v) the driver's
52 license number or similar information from another form of a government
53 issued photographic identification card, if any, of such person, and
54 [otherwise such description as will reasonably locate the same, his or
55 her] (vi) such person's occupation and name of [his or her] such
S. 8302--C 3
1 person's employer and place of employment or business[, which statement
2 the junk dealer shall];
3 (b) forthwith file such statement in the office of the chief of police
4 of the city or village in which the purchase was made, if made in a city
5 or incorporated village, and otherwise in the office of the sheriff of
6 the county in which made[. The junk metal dealer shall also]; and
7 (c) make and retain a copy of the government issued photographic iden-
8 tification card used to verify the identity of the person from whom the
9 junk metal was purchased and shall retain this copy in a separate book
10 or register for two years from the date of purchase of the junk metal
11 and include an additional copy of this identification with the informa-
12 tion required to be transmitted to the chief of police or sheriff pursu-
13 ant to this section.
14 2. For the purposes of this section, "government issued identifica-
15 tion" means any current and valid official form of identification issued
16 by the government of the United States of America, a state, territory,
17 protectorate, or dependency of the United States of America, a county,
18 municipality or subdivision thereof, any public agency or department
19 thereof, or any public employer, which requires and bears the signature
20 and photograph of the person to whom it is issued.
21 § 5. The general business law is amended by adding a new section 63-b
22 to read as follows:
23 § 63-b. Prohibition on sale of certain items. 1. Notwithstanding any
24 provision of law, rule or regulation to the contrary, it shall be unlaw-
25 ful to sell, offer for sale, or purchase as junk, metal that: (a) is
26 marked with the name, logo, or initials of a critical infrastructure
27 provider, as such term is defined in subdivision three of this section;
28 (b) has been altered for the purpose of removing, concealing, or oblit-
29 erating such name, logo, or initials through burning or cutting of wire
30 sheathing or other means; or (c) is a wire or cable of a type commonly
31 used by communications and electrical utilities.
32 2. This section shall not apply to the sale, offer for sale, or
33 purchase as junk, of such items by a duly authorized employee or repre-
34 sentative of a critical infrastructure provider acting in their official
35 capacity.
36 3. For purposes of this section, a "critical infrastructure provider"
37 shall mean a utility company as defined in subdivision twenty-three of
38 section two of the public service law, an electric plant as defined in
39 subdivision twelve of section two of the public service law, a cooper-
40 ative as such term is defined in section two of the rural electric coop-
41 erative law, a cable television company as defined in subdivision one of
42 section two hundred twelve of the public service law, an internet
43 service provider as defined in paragraph (g) of subdivision one of
44 section two hundred twenty-four-c of the public service law, a cellular
45 telephone company, any other person or entity providing voice or data
46 communications services to the public, regardless of its regulatory
47 status under state or federal law, or a public utility authority subject
48 to the provisions of article five of the public authorities law.
49 § 6. Section 64 of the general business law is amended to read as
50 follows:
51 § 64. Penalty. Each violation of this article, either by the junk
52 dealer, the agent or servant thereof, and each false statement made in
53 or on any statement or tag above mentioned shall be a misdemeanor [and].
54 Whenever a junk dealer commits a misdemeanor under this article, the
55 person convicted shall, in addition to other penalties imposed, forfeit
S. 8302--C 4
1 [his] their license to do business. [But nothing herein contained shall
2 apply to cities of the first class.]
3 § 7. Section 69-e of the general business law, as added by chapter 431
4 of the laws of 1976, is amended to read as follows:
5 § 69-e. Definitions. For the purposes of this article:
6 1. "Scrap metal processing facility" shall mean an establishment
7 engaged primarily in the purchase, processing and shipment of ferrous
8 and/or non-ferrous scrap, the end product of which is the production of
9 raw material for remelting purposes for steel mills, [foundaries] found-
10 ries, smelters, refiners, and similar users.
11 2. "Scrap processor" shall mean any person, association, partnership
12 or corporation operating and maintaining a "scrap metal processing
13 facility".
14 3. "Government issued identification" means any current and valid
15 official form of identification issued by the government of the United
16 States of America, a state, territory, protectorate, or dependency of
17 the United States of America, a county, municipality or subdivision
18 thereof, any public agency or department thereof, or any public employ-
19 er, which requires and bears the signature and photograph of the person
20 to whom it is issued.
21 § 8. Section 69-g of the general business law, as amended by chapter
22 302 of the laws of 2007, is amended to read as follows:
23 § 69-g. Records. 1. Such scrap processor shall record (i) each
24 purchase of any pig or pigs of metal, bronze or brass castings or parts
25 thereof, sprues or gates or parts thereof, [utility] copper wire, cable
26 or tubing or brass car journals, or of metal beer kegs, and (ii) each
27 purchase of iron, steel and/or nonferrous scrap for a price of fifty
28 dollars or more, and preserve such record for a period of three years[;
29 which record shall show the date of purchase, name of seller, his].
30 2. The record required by subdivision one of this section shall
31 include a statement subscribed by the seller setting forth (i) the date
32 of the purchase and the type and quantity of material purchased, (ii)
33 when, where, and from whom the seller obtained such property, or other
34 proof of authorization to sell such items, (iii) the seller's identity
35 as verified by a government issued identification card, (iv) the sell-
36 er's residence address by street, number, city, village or town, and (v)
37 the driver's license number or similar information from another form of
38 a government issued [photographic] identification card, if any, of such
39 person[, or by such description as will reasonably locate the seller,
40 the type and quantity of such purchase; and the scrap processor shall
41 cause such record to be signed by the seller or his agent. It shall be
42 unlawful for any seller to refuse to furnish such information or to
43 furnish incorrect or incomplete information].
44 3. Such scrap processor shall also make and retain a copy of the
45 government issued photographic identification card used to verify the
46 identity of the person from whom the scrap metal was purchased and shall
47 retain this copy in a separate book, register or electronic archive for
48 two years from the date of purchase.
49 [2.] 4. Such records shall be available for inspection by the police
50 department of the state or the municipality in which the establishment
51 is located.
52 § 9. Section 69-h of the general business law, as added by chapter 431
53 of the laws of 1976, is renumbered section 69-i and is amended to read
54 as follows:
55 § 69-i. Penalty. 1. Each violation of this article by a scrap process-
56 or shall be a violation subject to a fine of not more than two hundred
S. 8302--C 5
1 dollars, unless such violation shall be wilful, in which event it shall
2 be a misdemeanor except, however, the scrap processor shall not be
3 liable for any violation of this article by a seller, [his] their agent,
4 or a purported seller or agent.
5 2. [Each violation of this article by a seller or his agent shall be
6 a] Whenever a scrap processor commits a misdemeanor under this article,
7 the person convicted shall, in addition to other penalties imposed,
8 forfeit their license to do business.
9 § 10. The general business law is amended by adding a new section 69-h
10 to read as follows:
11 § 69-h. Prohibition on sale of certain items. 1. Notwithstanding any
12 provision of law, rule or regulation to the contrary, it shall be unlaw-
13 ful to sell, offer for sale, or purchase as scrap, metal that: (i) is
14 marked with the name, logo, or initials of a critical infrastructure
15 provider, as such term is defined in subdivision one of section 145.15
16 of the penal law; (ii) has been altered for the purpose of removing,
17 concealing, or obliterating such name, logo, or initials through burning
18 or cutting of wire sheathing or other means; or (iii) is a wire or cable
19 of a type commonly used by critical infrastructure providers.
20 2. This section shall not apply to the sale, offer for sale, or
21 purchase as scrap, of such items by a duly authorized employee or repre-
22 sentative of a critical infrastructure provider acting in their official
23 capacity.
24 § 11. This act shall take effect on the ninetieth day after it shall
25 have become a law.
