Bill Text: NY A00538 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires electric companies to provide alternative measures to ensure customers with documented need for essential electricity for medical needs have access to electricity during power outages; requires electric companies to provide generators or lodging for such individuals and transportation for medical devices.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-03-04 - print number 538a [A00538 Detail]

Download: New_York-2023-A00538-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           538

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of A. SAYEGH, DICKENS, SEAWRIGHT, DeSTEFANO, THIELE,
          SANTABARBARA, TAGUE, DURSO, LEMONDES -- Multi-Sponsored by -- M. of A.
          MILLER -- read once and referred to  the  Committee  on  Corporations,
          Authorities and Commissions

        AN  ACT  to amend the public service law and the public authorities law,
          in relation to requiring electric  companies  to  provide  alternative
          measures  to  ensure  customers  are able to maintain their health and
          well-being during power outages

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (iii) of paragraph (a) of subdivision 21 of
     2  section 66 of the public service law, as separately amended by  chapters
     3  395 and 727 of the laws of 2022, is amended to read as follows:
     4    (iii)  identification of and outreach plans to customers who had docu-
     5  mented their need for essential electricity  for  medical  needs,  which
     6  shall include but not be limited to, apnea monitors for infants, cuirass
     7  respirators,  hemodialysis  machines,  IV  feeding  machines, IV medical
     8  infusion machines, oxygen concentrators, positive pressure  respirators,
     9  respirator/ventilators,  rocking bed respirators, suction machines, tank
    10  type respirators, as well as any medical equipment or  equipment  neces-
    11  sary  for  an  individual  whose diagnosis is likely to be significantly
    12  triggered or significantly exacerbated by a continued loss of power that
    13  will adversely impact that  individual's  health.  Such  outreach  plans
    14  shall  include  provisions regarding how such customers will be provided
    15  with alternative measures to ensure their health and well-being if power
    16  cannot adequately be provided. Such provisions shall  include  providing
    17  electric  generators or lodging for the individual requiring such essen-
    18  tial electricity for medical needs and shall also include transportation
    19  of medical devices, as needed. Such provisions shall also  specify  that
    20  any  cost  incurred by an electric company in providing such alternative
    21  measures shall not be borne by rate payers;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01666-03-3

        A. 538                              2

     1    § 2. Subparagraph (iii) of paragraph (a) of subdivision 21 of  section
     2  66 of the public service law, as separately amended by chapters 395, 727
     3  and 743 of the laws of 2022, is amended to read as follows:
     4    (iii)  identification of and outreach plans to customers who had docu-
     5  mented their need for essential electricity  for  medical  needs,  which
     6  shall include but not be limited to, apnea monitors for infants, cuirass
     7  respirators,  hemodialysis  machines,  IV  feeding  machines, IV medical
     8  infusion machines, oxygen concentrators, positive pressure  respirators,
     9  respirator/ventilators,  rocking bed respirators, suction machines, tank
    10  type respirators, as well as any medical equipment or  equipment  neces-
    11  sary  for  an  individual  whose diagnosis is likely to be significantly
    12  triggered or significantly exacerbated by a continued loss of power that
    13  will adversely impact that  individual's  health.  Such  outreach  plans
    14  shall  include  provisions regarding how such customers will be provided
    15  with alternative measures to ensure their health and well-being if power
    16  cannot adequately be provided. Such provisions shall  include  providing
    17  electric  generators or lodging for the individual requiring such essen-
    18  tial electricity for medical needs and shall also include transportation
    19  of medical devices, as needed. Such provisions shall also  specify  that
    20  any  cost  incurred by an electric company in providing such alternative
    21  measures shall not be borne by rate payers;
    22    § 3. Paragraph 1 of subdivision (cc) of section 1020-f of  the  public
    23  authorities  law,  as  separately amended by chapters 395 and 727 of the
    24  laws of 2022, is amended to read as follows:
    25    1. The service provider shall, in  consultation  with  the  authority,
    26  prepare  and  maintain  an  emergency  response  plan  (i) to assure the
    27  reasonably prompt restoration of service in the  case  of  an  emergency
    28  event,  defined for purposes of this subdivision as an event where wide-
    29  spread outages have occurred in the authority's service territory due to
    30  a storm or other causes beyond the control  of  the  authority  and  the
    31  service provider, (ii) consistent with the requirements of paragraph (a)
    32  of subdivision twenty-one of section sixty-six of the public service law
    33  and  any  regulations and orders adopted thereto, and (iii) establishing
    34  the separate responsibilities of the  authority  and  service  provider.
    35  Such  emergency  response plan shall include plans setting forth how the
    36  communication and coordination of efforts between the authority, service
    37  provider, authority employees,  service  provider  employees,  authority
    38  company  crews,  service provider company crews, mutual aid crews, other
    39  utilities, local governments and any service provider  or  other  entity
    40  performing services to assist the authority shall occur.  Such emergency
    41  response  plan  shall  include  identification of and outreach plans for
    42  customers who have documented their need for essential  electricity  for
    43  medical needs, which shall include but not be limited to, apnea monitors
    44  for  infants,  cuirass  respirators,  hemodialysis machines, intravenous
    45  feeding machines, intravenous medical infusion machines, oxygen  concen-
    46  trators, positive pressure respirators, respirators/ventilators, rocking
    47  bed respirators, suction machines, tank type respirators, as well as any
    48  medical equipment or equipment necessary for an individual whose diagno-
    49  sis is likely to be significantly triggered or significantly exacerbated
    50  by  a  continued  loss of power that will adversely impact that individ-
    51  ual's health.  Such outreach plans shall also include provisions regard-
    52  ing how customers will be provided with alternative measures  to  ensure
    53  their health and well-being if power cannot adequately be provided. Such
    54  provisions  shall  include  providing electric generators or lodging for
    55  any individual requiring essential electricity  for  medical  needs  and
    56  shall also include transportation of medical devices, as needed.

        A. 538                              3

     1    §  4.  This act shall take effect immediately; provided, however, that
     2  section two of this act shall take effect on the same date  and  in  the
     3  same  manner  as  section  6  of  chapter 743 of the laws of 2022, takes
     4  effect.
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