Does New York RAISE Act require Incident Reporting?
New York • enacted
Yes — 1 provision
Requirements at a glance
This regulation imposes 6 specific requirements for Incident Reporting across 1 provision:
- 72-hour reporting — Report critical safety incidents to the DFS Office within 72 hours of determining an incident occurred or learning facts sufficient for a reasonable belief it occurred (§ 1422(3)(a))
- 24-hour imminent risk reporting — If a discovered critical safety incident poses imminent risk of death or serious physical injury, disclose within 24 hours to an appropriate authority with jurisdiction, including law-enforcement/public-safety agencies, based on the incident and as required by law (§ 1422(3)(b))
- DFS Office channel — The office is within DFS and reports to its superintendent (§ 1420(12),(16)); the ordinary 72-hour channel is that office, while § 1422(3)(b) specifies the urgent 24-hour appropriate-authority channel
- Internal-use summaries for LFDs — Confidential internal-use catastrophic-risk assessment summaries to DFS every three months or on another reasonable agreed schedule (§ 1422(2)); not a public quarterly incident-summary mandate
- Amended reports — May file an amended report when further information is discovered after the initial report (§ 1422(3)(c))
- Designated federal alternative — Deemed compliance with § 1422(3) requires a qualifying federal regime designated by Office regulation, declaration of intent, actual compliance, and concurrent copies of federal reports to the Office (§ 1422(8)-(10)); no general federal-reporting exemption
Incident Reporting
Requirements
| Requirement | Details |
|---|---|
| 72-hour reporting | Report critical safety incidents to the DFS Office within 72 hours of determining an incident occurred or learning facts sufficient for a reasonable belief it occurred (§ 1422(3)(a)) |
| 24-hour imminent risk reporting | If a discovered critical safety incident poses imminent risk of death or serious physical injury, disclose within 24 hours to an appropriate authority with jurisdiction, including law-enforcement/public-safety agencies, based on the incident and as required by law (§ 1422(3)(b)) |
| DFS Office channel | The office is within DFS and reports to its superintendent (§ 1420(12),(16)); the ordinary 72-hour channel is that office, while § 1422(3)(b) specifies the urgent 24-hour appropriate-authority channel |
| Internal-use summaries for LFDs | Confidential internal-use catastrophic-risk assessment summaries to DFS every three months or on another reasonable agreed schedule (§ 1422(2)); not a public quarterly incident-summary mandate |
| Amended reports | May file an amended report when further information is discovered after the initial report (§ 1422(3)(c)) |
| Designated federal alternative | Deemed compliance with § 1422(3) requires a qualifying federal regime designated by Office regulation, declaration of intent, actual compliance, and concurrent copies of federal reports to the Office (§ 1422(8)-(10)); no general federal-reporting exemption |
Penalties
| Violation | Fine |
|---|---|
| Specified large-frontier-developer violations (§ 1427(1)) | AG may seek up to $1M first / $3M subsequent, based on severity; no private action under § 1427(2) |