Bill Text: NY A02622 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires service providers to annually submit an emergency response plan to the public service commission for review; authorizes the public service commission to require the service provider amend the plan; authorizes the commission to open an investigation to review the performance of service providers in meeting the requirements of the emergency response plan.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2022-05-23 - substituted by s968a [A02622 Detail]
Download: New_York-2021-A02622-Introduced.html
Bill Title: Requires service providers to annually submit an emergency response plan to the public service commission for review; authorizes the public service commission to require the service provider amend the plan; authorizes the commission to open an investigation to review the performance of service providers in meeting the requirements of the emergency response plan.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2022-05-23 - substituted by s968a [A02622 Detail]
Download: New_York-2021-A02622-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2622 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to requiring service providers to annually submit emergency response plans to the public service commission The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (cc) of section 1020-f of the public authori- 2 ties law, as added by section 7 of part A of chapter 173 of the laws of 3 2013, is amended to read as follows: 4 (cc) To prepare an emergency response plan pursuant to this subdivi- 5 sion. 1. The service provider shall, in consultation with the authority, 6 prepare and maintain an emergency response plan [(i) to assure the7reasonably prompt restoration of service in the case of an emergency8event, defined for purposes of this subdivision as an event where wide-9spread outages have occurred in the authority's service territory due to10a storm or other causes beyond the control of the authority and the11service provider, (ii) consistent with the requirements of paragraph (a)12of subdivision twenty-one of section sixty-six of the public service law13and any regulations and orders adopted thereto, and (iii) establishing14the separate responsibilities of the authority and service provider.152. On or before February third, two thousand fourteen, the authority16and service provider shall submit an emergency response plan to the17department of public service for review. Contemporaneously with such18submission, the authority shall provide notice of such proposed plan to19the secretary of state for publication in the state register, the20authority and service provider each shall post such plan on their21websites and otherwise make such plan available for review in-person,22and afford members of the public an opportunity to submit written23comments and oral comments pursuant to at least one hearing to be held24each in the county of Suffolk and the county of Nassau. Such writtenEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03823-01-1A. 2622 2 1comments must be submitted by March fourteenth, two thousand fourteen.2The authority and service provider shall provide a copy of all written3comments they receive and a transcript of such public hearings to the4department of public service for its consideration in reviewing the5emergency response plan. The department shall provide any recommenda-6tions to the authority and service provider with respect to such plan on7or before April fifteenth, two thousand fourteen. Such plan must be made8final by June second, two thousand fourteen. For each year thereafter,9the service provider shall submit an emergency response plan to the10department of public service, and such department shall provide its11recommendations, in accordance with a schedule to be established by such12department and that is consistent with the schedule associated with such13department's review of similar such plans provided by electric corpo-14rations pursuant to subdivision twenty-one of section sixty-six of the15public service law.163. By June second, two thousand fourteen, and by June first annually17thereafter, the authority and service provider shall jointly certify to18the department of homeland security and emergency services that the19emergency response plan ensures, to the greatest extent feasible, the20timely and safe restoration of energy services after an emergency21consistent with the requirements of paragraph (a) of subdivision twen-22ty-one of the public service law and the department's recommendations.23The filing of such emergency response plan shall also include a copy of24all written mutual assistance agreements among utilities. The authority25and service provider shall file with the county executives of Nassau and26Suffolk county and the mayor of the city of New York the most recent27version of the emergency response plan, and make sure that such amended28versions are timely filed.294. Starting in calendar year two thousand fourteen, the service30provider annually shall undertake at least one drill to implement proce-31dures to practice its emergency response plan. The service provider32shall notify and allow participation in such drill of all appropriate33municipal emergency responders and officials]. 34 [5.] The plan shall be submitted to the public service commission 35 annually on or before December fifteenth for review and approval. The 36 emergency response plan shall be designed for the reasonably prompt 37 restoration of service in the case of an emergency event, defined for 38 purposes of this subdivision as an event where widespread outages have 39 occurred in the authority's service territory of the service provider 40 due to storms or other causes beyond the control of the service provid- 41 er. The emergency response plan shall include, but need not be limited 42 to, the following: (i) the identification of management staff responsi- 43 ble for the service provider's operations during an emergency; (ii) a 44 communications system with customers during an emergency that extends 45 beyond normal business hours and business conditions; (iii) identifica- 46 tion of and outreach plans to customers who had documented their need 47 for essential electricity for medical needs; (iv) identification of and 48 outreach plans to customers who had documented their need for essential 49 electricity to provide critical telecommunications, critical transporta- 50 tion, critical fuel distribution services or other large-load customers 51 identified by the commission; (v) designation of service provider staff 52 to communicate with local officials and appropriate regulatory agencies; 53 (vi) provisions regarding how the service provider will assure the safe- 54 ty of its employees and contractors; (vii) procedures for deploying 55 service provider and mutual aid crews to work assignment areas; (viii) 56 identification of additional supplies and equipment needed during anA. 2622 3 1 emergency; (ix) the means of obtaining additional supplies and equip- 2 ment; (x) procedures to practice the emergency response plan; (xi) 3 appropriate safety precautions regarding electrical hazards, including 4 plans to promptly secure downed wires within thirty-six hours of notifi- 5 cation of the location of such downed wires from a municipal emergency 6 official; (xii) establishing the separate responsibilities of the 7 authority and service provider; and (xiii) such other additional infor- 8 mation as the commission may require. Such emergency plan shall be 9 consistent with any regulations and orders adopted hereto. Each such 10 service provider shall, on an annual basis, undertake drills implement- 11 ing procedures to practice its emergency management plan. The service 12 provider shall notify and allow participation in such drill of all 13 appropriate municipal emergency responders and officials. The commission 14 may adopt additional requirements consistent with ensuring the reason- 15 ably prompt restoration of service in the case of an emergency event. 16 2. After review of a service provider's emergency response plan, the 17 commission may require such service provider to amend the plan. The 18 commission may also open an investigation of the service provider's plan 19 to determine its sufficiency to respond adequately to an emergency 20 event. If, after hearings, the commission finds a material deficiency 21 in the plan, it may order the service provider to make such modifica- 22 tions that it deems reasonably necessary to remedy the deficiency. 23 3. The commission is authorized to open an investigation to review the 24 performance of any service provider in restoring service or otherwise 25 meeting the requirements of the emergency response plan during an emer- 26 gency event. If, after evidentiary hearings or other investigatory 27 proceedings, the commission finds that the service provider failed to 28 reasonably implement its emergency response plan or the length of such 29 service provider's outages were materially longer than they would have 30 been, because of such service provider's failure to reasonably implement 31 its emergency response plan, the commission may deny the recovery of any 32 part of the service restoration costs caused by such failure, commensu- 33 rate with the degree and impact of the service outage; provided, howev- 34 er, that nothing herein limits the commission's authority to otherwise 35 commence a proceeding pursuant to sections twenty-four, twenty-five and 36 twenty-five-a of the public service law, provided such action or penalty 37 solely relates to the service provider's performance under the require- 38 ments of the service provider's emergency response plan. 39 4. The commission shall certify to the department of homeland security 40 and emergency services that each such service provider's emergency 41 response plan is sufficient to ensure to the greatest extent feasible 42 the timely and safe restoration of energy services after an emergency in 43 compliance with the requirements of this chapter. 44 5. The filing of each emergency response plan required under paragraph 45 one of this subdivision shall also include a copy of all written mutual 46 assistance agreements among utilities. 47 6. The authority and service provider shall file with the county exec- 48 utives of Nassau and Suffolk counties and the mayor of the city of New 49 York the most recent approved copy of the emergency response plan 50 required pursuant to this section. 51 7. The commission shall provide access to such emergency response plan 52 pursuant to article six of the public officers law. 53 8. If, during an emergency event, electric service is not restored in 54 three days, the service provider shall within sixty days from the date 55 of full restoration file with the department a report constituting a 56 review of all aspects of the preparation and system restoration perform-A. 2622 4 1 ance during the event[, and shall thereafter take into consideration any2recommendations made by the department associated with such review]. 3 Recommendations made by the department associated with such review shall 4 be promptly forwarded to the commission. 5 § 2. Subdivision 1 of section 1020-s of the public authorities law, as 6 amended by chapter 415 of the laws of 2017, is amended to read as 7 follows: 8 1. The rates, services and practices relating to the electricity 9 generated by facilities owned or operated by the authority shall not be 10 subject to the provisions of the public service law or to regulation by, 11 or the jurisdiction of, the public service commission, except to the 12 extent (a) article seven of the public service law applies to the siting 13 and operation of a major utility transmission facility as defined there- 14 in, (b) article ten of such law applies to the siting of a generating 15 facility as defined therein, (c) section eighteen-a of such law provides 16 for assessment for certain costs, property or operations, (d) to the 17 extent that the department of public service reviews and makes recommen- 18 dations with respect to the operations and provision of services of, and 19 rates and budgets established by, the authority pursuant to section 20 three-b of such law, [and] (e) that section seventy-four of the public 21 service law applies to qualified energy storage systems within the 22 authority's jurisdiction, and (f) that all emergency management plans 23 shall be subject to review, approval and enforcement by the commission 24 pursuant to subdivision (cc) of section one thousand twenty-f of this 25 title, including but not limited to penalties and remedies provided for 26 such violations in sections twenty-four, twenty-five and twenty-five-a 27 of the public service law. 28 § 3. This act shall take effect immediately.
