BILL NUMBER: S5485
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the penal law, in relation to deterring theft of essen-
tial infrastructure
 
PURPOSE:
To update the existing offense of grand larceny penalties when an indi-
vidual knowingly damages or tampers with critical infrastructure intend-
ing to disrupt utility services, including wireless and broadband
services.
 
SUMMARY OF PROVISIONS:
Section 1 names the act the "Prevention of Damage to Essential Infras-
tructure Act of 2024.'
Section 2 amends penal law section 155.40 to subject people who steal
the property of an essential serviced provider valued over $55,000 to
grand larceny in the second degree.
Section 3 amends penal law section 155.42 to subject people who steal
property of an essential service provider, and such theft causes a
substantial interruption or impairment of service to grand larceny in
the first degree.
Section 4 states the effective date.
 
JUSTIFICATION:
In recent years, the U.S. Department of Homeland Security (DHS) and the
Federal Bureau of Investigation (FBI) have issued repeated warnings
about domestic terrorists and extreme groups targeting critical utility
infrastructure, including wireless and wired broadband networks. Bulle-
tins issued through DHS' National Terrorism Advisory System in 2022
warned of a heightened threat environment based, in part, on "continued
calls for violence directed at U.S. critical infrastructure." Physical
and computerized attacks on electric utility equipment have reached a
10-year high in 2022. Recent attacks in Washington and North Carolina
have caused substantial outages and damage to the power grids in both
states. Here in New York, over $1 Million in damages have occurred in
the last 3 months just in Brooklyn. This vandalism is impacting customer
service and needs to be addressed.
 
LEGISLATIVE HISTORY:
2024- S9708
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.