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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8675A
SPONSOR: Braunstein TITLE OF BILL:
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
2025"
PURPOSE:
This bill establishes the definition of critical infrastructure for the
crime of criminal tampering in the first and second degree and expands
the requirements for junk dealers with regard to accepting certain types
of materials:
SUMMARY OF PROVISIONS:
Section one provides the title.
Section two amends the penal law to add a new definition of critical
infrastructure to the crime criminal tampering in the second degree.
Section three amends criminal tampering in the first degree
Section four amends the general business law to add additional materials
that require a junk dealer to receive statements from the seller and
adds the requirement that the seller provide the junk dealer a govern-
ment issues identification as defined in the section
Section five adds a new section to the general business law to prohibit
the sale or purchase of junk marked with the name, logo, or initials of
a critical infrastructure provider, as defined in the section, unless
the sale is from an authorized employee acting in their official capaci-
ty.
Section six amends the general business law to clarify that a junk deal-
er committing a misdemeanor under article six of the general business
law shall forfeit their license
Sections seven and nine amends the general business law to clarify defi-
nitions used in sections eight and ten
Section eight amends the general business law to require conforming
changes to record keeping requirements by junk dealers.
Section ten adds a new section to the general business law to prohibit
the sale or purchase of junk marked with the name, logo, or initials of
a critical infrastructure provider, as defined in the section, unless
the sale is from an authorized employee acting in their official capaci-
ty
Section eleven establishes the implementation date of the bill.
JUSTIFICATION:
The theft of copper wiring from telecommunications infrastructure has
escalated, posing significant risks to public safety and service reli-
ability. In New York State, there have been multiple incidents high-
lighting this issue. For instance, in Rome, NY, Verizon cables have been
repeatedly cut and stolen, leading to frequent service disruptions.
Additionally, in Putnam County, a man was arrested for stealing copper
grounding bars from three cell tower facilities, underscoring the
vulnerabilities in our telecommunications infrastructure.
These thefts not only incur substantial financial losses but also jeop-
ardize essential communication services, including emergency response
systems. The proposed legislation aims to deter such crimes by enhancing
penalties and tightening regulations on the sale of scrap metals common-
ly targeted by thieves.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
