PRINTER'S NO. 1728
No. 1453 Session of 1999
INTRODUCED BY LaGROTTA, STABACK, FRANKEL, WOJNAROSKI, GRUCELA,
McCALL, TRAVAGLIO, GIGLIOTTI, MELIO, M. COHEN, TIGUE,
SOLOBAY, SCRIMENTI, YEWCIC AND THOMAS, MAY 6, 1999
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 6, 1999
AN ACT
1 Requiring that all municipal corporations in this Commonwealth
2 provide proof to the Public Utility Commission that the
3 corporation's computer systems are Year 2000 compliant.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Municipal
8 Corporation Year 2000 Compliance Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Commission." The Pennsylvania Public Utility Commission of
14 the Commonwealth.
15 "Municipal Corporation." All cities, boroughs, towns,
16 townships or counties of this Commonwealth and also any public
17 corporation, authority or body whatsoever created or organized
18 under any law of this Commonwealth for the purposes of rendering
1 any service similar to that of a public utility as defined in 66
2 Pa.C.S. § 102 (relating to definitions).
3 "Y2K." Year 2000.
4 "Year 2000 compliant." With respect to information
5 technology, that the information technology accurately processes
6 date/time data including, but not limited to, calculating,
7 comparing and sequencing from, into and between the 20th and
8 21st centuries, and the years 1999 and 2000 and leap year
9 calculations to the extent that other information technology
10 used in combination with the information technology being
11 acquired properly exchanges date/time with it.
12 Section 3. Compliance plans.
13 (a) Notice to commission.--All municipal corporations must
14 submit to the commission, notice of the corporation's plans to
15 make their computer systems year 2000 compliant by timely filing
16 of sworn responses to the questionnaire established in
17 subsection(b).
18 (b) Year 2000 compliance questionnaire.--Each municipal
19 corporation within the Commonwealth of Pennsylvania must on or
20 before July 31, 1999, submit to the commission the following
21 form to be supplied by the commission, containing answers to the
22 following questions and a sworn affidavit:
23 Y2K Compliance for Municipal Corporations
24 1. Does your corporation have plans to solve the Year
25 2000 (Y2K) problem?
26 If "yes," please provide a summary of the plans,
27 including a contact person within your corporation,
28 telephone number and e-mail address if applicable.
29 2. Is your corporation currently using a vendor(s) to
30 resolve the Y2K problem?
19990H1453B1728 - 2 -
1 If "yes," please provide a list of all vendors, a
2 copy of the contract(s) and also the current status
3 for the completion of the contract(s).
4 If "no," is your corporation planning on contracting
5 with a vendor(s)?
6 List any details.
7 3. Is your corporation dependent on interfacing or
8 exchanging data with outside sources in order to
9 perform your mission-critical operations?
10 If "yes," please respond to the following questions:
11 (a) Has your corporation analyzed dependencies on data
12 provided by other entities?
13 Explain.
14 (b) Has your corporation contacted all entities with
15 whom it exchanges data to determine their level of
16 Y2K readiness?
17 (c) Has your corporation identified the need for data
18 bridges or filters?
19 (d) Has your corporation made contingency plans if no
20 data is received from external sources or if the
21 external sources are or will not be Y2K compliant
22 within the time frame necessary for you to become Y2K
23 compliant?
24 If "yes," please explain and provide a copy of the
25 contingency plan.
26 (e) Has your corporation made plans to determine that
27 incoming data are valid?
28 (f) Has your corporation developed contingency plans to
29 handle invalid data?
30 If "yes," please explain and provide a copy of the
19990H1453B1728 - 3 -
1 contingency plan.
2 4. Does your corporation have embedded technology at
3 risk to the Y2K problem?
4 5. Provide a list, in order of importance, of the
5 specific applications, interfaces and embedded
6 technology for which the corporation has deemed that
7 it will be necessary to be Y2K compliant.
8 6. Identify all specific applications, interfaces and
9 embedded technology listed in response to Question 5
10 which the corporation believes are currently Y2K
11 compliant.
12 7. Identify all specific applications, interfaces and
13 embedded technology listed in response to Question 5
14 which the corporation believes are not currently Y2K
15 compliant.
16 8. For all specific applications, interfaces and
17 embedded technology listed in response to Question 5,
18 provide estimated Y2K compliance dates and the
19 proposed methods by which compliance will be
20 achieved.
21 9. For all specific applications, interfaces and
22 embedded technology listed in response to Question 5,
23 provide a description of the effect on the
24 corporation's operations if these items are not
25 brought into Y2K compliance.
26 10. Does your corporation have a contingency plan(s)
27 that addresses a system failure induced by a Y2K
28 problem?
29 If "yes," please provide a copy of plan(s).
30 11. Has your corporation purchased and received the
19990H1453B1728 - 4 -
1 needed system upgrades (hardware and/or software) to
2 ensure compliance with Y2K?
3 If "yes," when will the upgrades be installed and
4 tested?
5 If "no," please explain.
6 12. Has your corporation developed and documented a test
7 and validation plans for each converted or replaced
8 application, interface and embedded technology?
9 Explain.
10 13. Has your corporation developed and documented a
11 strategy for testing contractor-converted or replaced
12 applications, interfaces and embedded technology?
13 Explain.
14 14. Please provide the specific date when all mission-
15 critical system upgrades will be installed, tested
16 and fully operational, including upgrades for
17 external interactions of other systems and any
18 mission-critical embedded technology.
19 Section 4. Penalties.
20 (a) Failure to comply.--Any municipal corporation which
21 fails to supply the commission with the information and/or data
22 requested herein by July 31, 1999, is subject to a fine of
23 $1,000 per day until the questionnaire is completed and
24 returned.
25 (b) False or misleading information.--Any knowingly
26 inaccurate, false or misleading answers to the questions set
27 forth herein, including all anticipated dates of Year 2000
28 compliance, may make the municipal corporation subject to
29 further commission action.
30 Section 5. Duty of commission.
19990H1453B1728 - 5 -
1 The Office of Administrative Law Judge is charged with the
2 duty of considering the supplied responses of the municipal
3 corporations, determining if they are Year 2000 compliant,
4 identifying corporations which are not and recommending the
5 steps necessary to secure their compliance.
6 Section 6. Duty of municipal corporations.
7 If a municipal corporation determines that its systems cannot
8 be Year 2000 compliant by July 31, 1999, they must file with the
9 Office of Administrative Law Judge a detailed contingency plan
10 to ensure the uninterrupted continuation of utility service
11 throughout the transition from the 20th to the 21st century.
12 Section 7. Effective date.
13 This act shall take effect immediately.
D15L66SFL/19990H1453B1728 - 6 -