Bill Text: NY A07923 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the Long Island power authority emergency response act requiring the authority to establish an emergency response plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to corporations, authorities and commissions [A07923 Detail]

Download: New_York-2013-A07923-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7923
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 10, 2013
                                      ___________
       Introduced  by  M.  of  A.  HENNESSEY  --  read once and referred to the
         Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to enacting  the
         Long Island Power Authority emergency response act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and  may  be  cited  as  the  "Long
    2  Island Power Authority emergency response act."
    3    S 2. Section 1020-f of the public authorities law is amended by adding
    4  four new subdivisions (cc), (dd), (ee) and (ff) to read as follows:
    5    (CC)  TO  PREPARE AN EMERGENCY RESPONSE PLAN PURSUANT TO THIS SUBDIVI-
    6  SION. 1. THE SERVICE PROVIDER SHALL, IN CONSULTATION WITH THE AUTHORITY,
    7  PREPARE AND MAINTAIN AN  EMERGENCY  RESPONSE  PLAN  (I)  TO  ASSURE  THE
    8  REASONABLY  PROMPT  RESTORATION  OF  SERVICE IN THE CASE OF AN EMERGENCY
    9  EVENT, DEFINED FOR PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE  WIDE-
   10  SPREAD OUTAGES HAVE OCCURRED IN THE AUTHORITY'S SERVICE TERRITORY DUE TO
   11  A  STORM  OR  OTHER  CAUSES  BEYOND THE CONTROL OF THE AUTHORITY AND THE
   12  SERVICE PROVIDER, (II) CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH (A)
   13  OF SUBDIVISION TWENTY-ONE OF SECTION SIXTY-SIX OF THE PUBLIC SERVICE LAW
   14  AND ANY REGULATIONS AND ORDERS ADOPTED THERETO, AND  (III)  ESTABLISHING
   15  THE SEPARATE RESPONSIBILITIES OF THE AUTHORITY AND SERVICE PROVIDER.
   16    2.  ON  OR BEFORE FEBRUARY THIRD, TWO THOUSAND FOURTEEN, THE AUTHORITY
   17  AND SERVICE PROVIDER SHALL SUBMIT AN  EMERGENCY  RESPONSE  PLAN  TO  THE
   18  DEPARTMENT  OF  PUBLIC  SERVICE FOR REVIEW.  CONTEMPORANEOUSLY WITH SUCH
   19  SUBMISSION, THE AUTHORITY SHALL PROVIDE NOTICE OF SUCH PROPOSED PLAN  TO
   20  THE  SECRETARY  OF  STATE  FOR  PUBLICATION  IN  THE STATE REGISTER, THE
   21  AUTHORITY AND SERVICE PROVIDER  EACH  SHALL  POST  SUCH  PLAN  ON  THEIR
   22  WEBSITES  AND  OTHERWISE  MAKE SUCH PLAN AVAILABLE FOR REVIEW IN-PERSON,
   23  AND AFFORD MEMBERS OF  THE  PUBLIC  AN  OPPORTUNITY  TO  SUBMIT  WRITTEN
   24  COMMENTS  AND  ORAL COMMENTS PURSUANT TO AT LEAST ONE HEARING TO BE HELD
   25  EACH IN THE COUNTY OF SUFFOLK AND THE COUNTY  OF  NASSAU.  SUCH  WRITTEN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11402-01-3
       A. 7923                             2
    1  COMMENTS  MUST  BE SUBMITTED BY MARCH FOURTEENTH, TWO THOUSAND FOURTEEN.
    2  THE AUTHORITY AND SERVICE PROVIDER SHALL PROVIDE A COPY OF  ALL  WRITTEN
    3  COMMENTS  THEY  RECEIVE  AND A TRANSCRIPT OF SUCH PUBLIC HEARINGS TO THE
    4  DEPARTMENT  OF  PUBLIC  SERVICE  FOR  ITS CONSIDERATION IN REVIEWING THE
    5  EMERGENCY RESPONSE PLAN.  THE DEPARTMENT SHALL PROVIDE  ANY  RECOMMENDA-
    6  TIONS  TO  THE  SERVICE  PROVIDER WITH RESPECT TO SUCH PLAN ON OR BEFORE
    7  APRIL FIFTEENTH, TWO THOUSAND FOURTEEN. SUCH PLAN MUST BE MADE FINAL  BY
    8  JUNE  SECOND,  TWO  THOUSAND  FOURTEEN.  FOR  EACH  YEAR THEREAFTER, THE
    9  SERVICE PROVIDER SHALL SUBMIT AN EMERGENCY RESPONSE PLAN TO THE  DEPART-
   10  MENT  OF PUBLIC SERVICE, AND SUCH DEPARTMENT SHALL PROVIDE ITS RECOMMEN-
   11  DATIONS, IN ACCORDANCE WITH A SCHEDULE TO BE ESTABLISHED BY SUCH DEPART-
   12  MENT AND THAT IS CONSISTENT  WITH  THE  SCHEDULE  ASSOCIATED  WITH  SUCH
   13  DEPARTMENT'S  REVIEW  OF  SIMILAR SUCH PLANS PROVIDED BY ELECTRIC CORPO-
   14  RATIONS PURSUANT TO SUBDIVISION TWENTY-ONE OF SECTION SIXTY-SIX  OF  THE
   15  PUBLIC SERVICE LAW.
   16    3.  BY  JUNE SECOND, TWO THOUSAND FOURTEEN, AND BY JUNE FIRST ANNUALLY
   17  THEREAFTER, THE AUTHORITY AND SERVICE PROVIDER SHALL JOINTLY CERTIFY  TO
   18  THE  DEPARTMENT  OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES THAT THE
   19  EMERGENCY RESPONSE PLAN ENSURES TO  THE  GREATEST  EXTENT  FEASIBLE  THE
   20  TIMELY  AND  SAFE  RESTORATION  OF  ENERGY  SERVICES  AFTER AN EMERGENCY
   21  CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH (A) OF  SUBDIVISION  TWEN-
   22  TY-ONE  OF  THE PUBLIC SERVICE LAW AND THE DEPARTMENT'S RECOMMENDATIONS.
   23  THE FILING OF SUCH EMERGENCY RESPONSE PLAN SHALL ALSO INCLUDE A COPY  OF
   24  ALL  WRITTEN  MUTUAL  ASSISTANCE AGREEMENTS AMONG UTILITIES. THE SERVICE
   25  PROVIDER SHALL FILE WITH THE COUNTY EXECUTIVES  OF  NASSAU  AND  SUFFOLK
   26  COUNTY  AND THE MAYOR OF THE CITY OF NEW YORK THE MOST RECENT VERSION OF
   27  THE EMERGENCY RESPONSE PLAN, AND MAKE SURE THAT  SUCH  AMENDED  VERSIONS
   28  ARE TIMELY FILED.
   29    4.  STARTING  IN  CALENDAR  YEAR  TWO  THOUSAND  FOURTEEN, THE SERVICE
   30  PROVIDER ANNUALLY SHALL UNDERTAKE AT LEAST ONE DRILL TO IMPLEMENT PROCE-
   31  DURES TO PRACTICE ITS EMERGENCY  RESPONSE  PLAN.  THE  SERVICE  PROVIDER
   32  SHALL  NOTIFY  AND  ALLOW PARTICIPATION IN SUCH DRILL OF ALL APPROPRIATE
   33  MUNICIPAL EMERGENCY RESPONDERS AND OFFICIALS.
   34    5. IF, DURING AN EMERGENCY EVENT, ELECTRIC SERVICE IS NOT RESTORED  IN
   35  THREE  DAYS,  THE SERVICE PROVIDER SHALL WITHIN SIXTY DAYS FROM THE DATE
   36  OF FULL RESTORATION FILE WITH THE DEPARTMENT  A  REPORT  CONSTITUTING  A
   37  REVIEW OF ALL ASPECTS OF THE PREPARATION AND SYSTEM RESTORATION PERFORM-
   38  ANCE  DURING THE EVENT, AND SHALL THEREAFTER TAKE INTO CONSIDERATION ANY
   39  RECOMMENDATIONS MADE BY THE DEPARTMENT ASSOCIATED WITH SUCH REVIEW.
   40    (DD) ON OR BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN, AND BY  JANUARY
   41  FIRST  OF  EACH  CALENDAR  YEAR  THEREAFTER, TO SUBMIT FOR REVIEW TO THE
   42  DEPARTMENT OF PUBLIC SERVICE A REPORT DETAILING THE  SERVICE  PROVIDER'S
   43  PLANNED CAPITAL EXPENDITURES.
   44    (EE)  TO  SUBMIT  FOR  REVIEW  TO THE DEPARTMENT OF PUBLIC SERVICE ANY
   45  PROPOSED  PLAN  RELATED  TO  IMPLEMENTING  ENERGY  EFFICIENCY  MEASURES,
   46  DISTRIBUTED GENERATION OR ADVANCED GRID TECHNOLOGY PROGRAMS.
   47    (FF)  TO  ASSIST  AND  COOPERATE WITH THE DEPARTMENT OF PUBLIC SERVICE
   48  WITH RESPECT TO ANY REVIEW,  INCLUDING  PROVIDING  THE  DEPARTMENT  WITH
   49  REASONABLE  ACCESS  TO  ALL FACILITIES AND PREMISES OWNED OR OPERATED BY
   50  THE AUTHORITY OR ITS SERVICE PROVIDER, ALLOWING REVIEW OF ALL BOOKS  AND
   51  RECORDS  OF  THE AUTHORITY AND ITS SERVICE PROVIDER, PROVIDING COPIES OF
   52  REQUESTED DOCUMENTS, ALLOWING INTERVIEWS OF ALL  APPROPRIATE  PERSONNEL,
   53  AND  RESPONDING  IN  A  REASONABLE AND TIMELY MANNER TO ANY INQUIRIES OR
   54  REPORTING REQUESTS MADE BY THE DEPARTMENT.
   55    S 3. This act shall take effect on January 1, 2014.