Bill Text: NY A08844 | 2023-2024 | General Assembly | Introduced
Bill Title: Directs the division of homeland security and emergency services to conduct a study on the public safety implications of the electrification of buildings and transportation in the context of emergency response and to issue a report on the findings and recommendations as a result of such study; exempts emergency services vehicles and heavy equipment from the requirements of the climate leadership and community protection act of 2019; prohibits the use of battery packs which contain cobalt mined components for primary propulsion of emergency services vehicles.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced) 2024-05-21 - held for consideration in governmental operations [A08844 Detail]
Download: New_York-2023-A08844-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8844 IN ASSEMBLY January 18, 2024 ___________ Introduced by M. of A. PALMESANO -- read once and referred to the Committee on Governmental Operations AN ACT directing the division of homeland security and emergency services to conduct a study on the public safety implications of the electrification of buildings and the transportation sector in the context of emergency response in adverse conditions; exempting emer- gency services vehicles and heavy equipment from the requirements of the climate leadership and community protection act of 2019; and prohibiting the use of battery packs which contain cobalt mined compo- nents for primary propulsion of emergency services vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds that, since the 2 passage of the Climate Leadership and Community Protection Act in 2019 3 and the release of the New York Climate Action Council's Final Scoping 4 Plan in 2022, insufficient attention has been devoted to rigorous exam- 5 ination of the consequences of New York's building and transportation 6 electrification mandates on all aspects of emergency response, especial- 7 ly during power outages, storms and other adverse and dangerous situ- 8 ations. 9 The legislature further finds and contends that relying on a function- 10 ing electrical grid to power the vehicles and other equipment used to 11 prepare for, and respond to, emergency situations may lead to an unac- 12 ceptable loss of tactical and operational flexibility, when emergency 13 services are called upon, as these vehicles and other pieces of equip- 14 ment are most likely to be called upon during adverse weather events 15 when a local or regional electrical grid may not be functional or reli- 16 able enough to enable its use to charge and recharge such assets. Emer- 17 gency response vehicles, generators, and other tools and assets used in 18 emergency situations are currently able to function in the absence of a 19 reliable source of electricity through the use of fossil fuels, which 20 may be carried in portable containers as the need arises; removing such 21 a capability via legislative mandate, without known resilient alterna- 22 tives, would, in all likelihood, subject New Yorkers to an unacceptable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13998-01-4A. 8844 2 1 level of risk during storms, power outages and other dangerous situ- 2 ations. 3 In order to properly assess the risks that the State's building and 4 transportation electrification efforts present to emergency response 5 plans, personnel and equipment, the legislature hereby directs the divi- 6 sion of homeland security and emergency services to conduct a study on 7 the public safety implications of the electrification of buildings and 8 the transportation sector in the context of emergency response in 9 adverse conditions and to promulgate rules and regulations necessary for 10 effectuating its findings and recommendations. 11 § 2. 1. The division of homeland security and emergency services, 12 within nine months of the effective date of this act, shall conduct a 13 study on the public safety implications of the electrification of build- 14 ings and the transportation sector in the context of emergency response 15 in adverse conditions. Such study shall include, but not be limited to, 16 the following: 17 (a) an assessment of the current state of technology related to build- 18 ing and transportation electrification, as of the date of the study, and 19 an evaluation of the potential limitations that such technology may 20 impose on emergency preparedness and response; 21 (b) an evaluation of the strengths and weaknesses of heating and cool- 22 ing provided by heat pumps powered by renewable energy systems to emer- 23 gency services, particularly in the winter months, adverse weather 24 conditions, and power outages; 25 (c) an examination of the impact of electrification on the reliability 26 of emergency services during the transition to a renewable energy system 27 and a zero emissions electric system, pursuant to section 66-p of the 28 public service law, considering factors such as load, voltage sags, and 29 mechanisms to maintain reliability when solar and wind resources are not 30 generating power, especially during adverse weather events, power 31 outages, and periods of unseasonable heat or unseasonable cold; 32 (d) an investigation of the potential hazards and drawbacks of elec- 33 trifying emergency vehicles or other heavy equipment used for emergency 34 management tasks, with a particular focus on operations in the absence 35 of a functioning electrical grid, during power outages, unseasonable 36 heat, and in unseasonable cold conditions; and 37 (e) an examination of the impact of complying with chapter 106 of the 38 laws of 2019 on the reliability of the natural gas system and the elec- 39 tric system for emergency services in the state and their ability to 40 function during adverse weather events. 41 2. The division, along with any retained contractors, shall consult 42 with entities possessing resources and expertise to contribute to the 43 study. Such entities shall include, but are not limited to, vehicle 44 manufacturers, HVAC manufacturers and installers, engineers, electric 45 corporations, electricity generating companies, gas corporations, trade 46 organizations, and other stakeholders. 47 3. The division of homeland security and emergency services shall 48 consult with, and is authorized to receive any information that is rele- 49 vant and material to the completion of the study from, the Long Island 50 power authority, the power authority of the state of New York, the 51 federally designated electric bulk system operator, the department of 52 public service, the New York state energy research and development 53 authority, the department of environmental conservation, the department 54 of transportation, the office of fire prevention and control, and the 55 major gas and electric utilities in the state. Such entities shall be 56 consulted by the division and are directed to comply with any requestsA. 8844 3 1 of the division necessary to complete the study. Any information 2 received by the division pursuant to this subdivision shall be subject 3 to the same requirements for confidentiality and limitations on use, if 4 any, as are applicable to the division's use of such information. 5 4. Upon completion of the study, the division shall prepare a report 6 with findings for: the promulgation of rules and regulations necessary 7 for effectuating the intent of the findings and recommendations, within 8 the authority of existing law, made by the report; any recommended 9 future courses of action, along with recommended legislation for enact- 10 ment of such courses of action; and those issues requiring further 11 investigation, if any. The division shall submit such report, along with 12 the study, to the governor, the speaker of the assembly, the minority 13 leader of the assembly, the temporary president of the senate, the 14 minority leader of the senate, the chair of the assembly energy commit- 15 tee, the ranking member of the assembly energy committee, the chair of 16 the senate energy and telecommunications committee, the ranking member 17 of the senate energy and telecommunications committee, the chair of the 18 assembly governmental operations committee, the ranking member of the 19 assembly governmental operations committee, the chair of the senate 20 governmental operations committee, the ranking member of the senate 21 governmental operations committee, and the chairs and ranking members of 22 both the assembly ways and means and senate finance committees no later 23 than thirty days after the study's completion. 24 5. Within ninety days of completion of the report of the study's find- 25 ings, the division shall promulgate rules and regulations necessary for 26 effectuating the intent of the recommendations made by the report. 27 § 3. Notwithstanding any provision of law or regulation, including but 28 not limited to chapter 106 of the laws of 2019, to the contrary, emer- 29 gency services vehicles and heavy equipment shall be exempt from all of 30 the provisions of chapter 106 of the laws of 2019, including any recom- 31 mendations put forth by the Climate Action Council established by that 32 chapter, pending the conclusion of the study and the promulgation of 33 associated rules and regulations pursuant to section two of this act. 34 For the purposes of this section, "emergency services vehicles" are 35 defined as in sections 101 and 114-b of the vehicle and traffic law. 36 § 4. Notwithstanding any provision of law or regulation, including but 37 not limited to sections 101 and 114-b of the vehicle and traffic law, as 38 amended by chapter 496 of the laws of 2021, to the contrary, the use of 39 battery packs which contain cobalt mined components, or reasonably 40 suspected of being mined via child labor, for primary propulsion shall 41 be prohibited within any of the vehicles described by sections 101 and 42 114-b of the vehicle and traffic law. 43 § 5. This act shall take effect immediately.
