STATE OF NEW YORK ________________________________________________________________________ 3094 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. OTIS -- read once and referred to the Committee on Science and Technology AN ACT to amend the state technology law, in relation to enacting the "critical infrastructure standards and procedures act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state technology law is amended by adding a new article 2 4 to read as follows: 3 ARTICLE 4 4 CRITICAL INFRASTRUCTURE STANDARDS AND PROCEDURES ACT 5 Section 401. Short title. 6 402. Definitions. 7 403. Compliance with cybersecurity standards for critical 8 infrastructure. 9 404. Procurement, construction, reconstruction, alteration, 10 design and commissioning of critical infrastructure or 11 automation control systems or automation control system 12 components. 13 405. Operations and maintenance of critical infrastructure. 14 § 401. Short title. This article shall be known and may be cited as 15 the "critical infrastructure standards and procedures (CRISP) act". 16 § 402. Definitions. The following terms shall have the following mean- 17 ings: 18 1. Critical infrastructure shall include, but shall not be limited to: 19 (a) public transportation; 20 (b) water and wastewater treatment facilities; 21 (c) public utilities and services subject to the jurisdiction, super- 22 vision, powers and duties of the public service commission and the 23 department of public service; 24 (d) public buildings, including those operated by the state university 25 of New York; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01897-02-3
A. 3094 2 1 (e) hospitals and public health facilities regulated pursuant to arti- 2 cle twenty-eight of the public health law; and 3 (f) facilities created or existing under the public authorities law. 4 2. Automation and control system shall include personnel, hardware, 5 software and policies involved in the operation of the critical infras- 6 tructure that may affect or influence its safe, secure and reliable 7 operation. 8 3. Automation and control system components shall mean control systems 9 and any complementary hardware and software components that have been 10 installed and configured to operate in an automation and control system. 11 Such systems shall include, but shall not be limited to: 12 (a) control systems, whether physically separate or integrated, 13 including distributed control systems, programmable logic controllers, 14 remote terminal units, intelligent electronic devices, supervisory 15 control and data acquisition, networked electronic sensing and control, 16 and monitoring and diagnostic systems; 17 (b) associated information systems, such as advanced or multivariable 18 control, online optimizers, dedicated equipment monitors, graphical 19 interfaces, process historians, manufacturing execution systems and 20 plant information management systems; 21 (c) associated internal, human, network, or machine interfaces used to 22 provide control, safety, and manufacturing operations functionality to 23 continuous, batch, discrete; and 24 (d) other processes as defined by the international society of auto- 25 mation including the ISA/IEC 62443 series of standards, as referenced by 26 the national institute of standards and technology (NIST). 27 4. Asset owner shall mean the public or private owner or entity 28 accountable and responsible for operation of the critical infrastructure 29 and for the automation and control system. The asset owner shall be the 30 operator of the automation and control system and of such equipment 31 under control. 32 5. Operational technology shall mean the hardware and software that 33 detects or causes a change in the critical infrastructure through the 34 direct monitoring or control of physical devices, systems, processes and 35 events. 36 § 403. Compliance with cybersecurity standards for critical infras- 37 tructure. The office, in consultation with the department of homeland 38 security and emergency services shall make a determination of critical 39 infrastructure, including whose assets, systems, and networks, whether 40 physical or virtual, are considered vital and vulnerable to cybersecuri- 41 ty attacks. 42 § 404. Procurement, construction, reconstruction, alteration, design 43 and commissioning of critical infrastructure or automation control 44 systems or automation control system components. On or after July first, 45 two thousand twenty-seven, the asset owner, when procuring automation 46 and control system components, as defined in subdivision three of 47 section four hundred two of this article, services or solutions, or when 48 contracting for facility upgrades or the construction of critical 49 infrastructure facilities, shall require such components, services, and 50 solutions to conform to the ISA/IEC 62443 series of standards. All 51 contracts awarded for construction, reconstruction, alteration, design 52 and commissioning of facilities identified as critical infrastructure 53 under this article shall provide that such installed automation and 54 control components meet the following minimum standards for cybersecuri- 55 ty as defined by the ISA/IEC 62443 series of standards: 56 1. 2-4 requirements for IACS solutions providers;
A. 3094 3 1 2. 3-2 security risk assessment and systems design; 2 3. 3-3 system security requirements and security levels; 3 4. 4-1 product development requirements; and 4 5. 4-2 technical security requirements for IACS components. 5 § 405. Operations and maintenance of critical infrastructure. On or 6 after July first, two thousand twenty-five, the asset owner shall be 7 responsible for ensuring that the operation and maintenance of opera- 8 tional technology, including critical infrastructure, automation control 9 systems and automation control system components conform with the 10 following ISA/IEC 62443 series of standards, including annual risk 11 assessments and shall create a mitigation plan: 12 1. 2-1 requirements for an IACS security management system; 13 2. 2-3 patch management in the IACS environment; 14 3. 2-4 security program requirements for service providers; 15 4. 3-2 security risk assessment and system design; and 16 5. 3-3 system security requirements and security levels. 17 § 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law. Effective immediately, the office, the 19 commissioner of homeland security and emergency services and the super- 20 intendent of financial services may promulgate rules and regulations and 21 take other actions reasonably necessary to implement this act on that 22 date.