Bill Text: NY S00968 | 2021-2022 | General Assembly | Introduced

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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 and authorizes the commission to open an investigation to review the performance of service providers in meeting the requirements of the emergency response plan.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2021-02-23 - referred to corporations, authorities and commissions [S00968 Detail]

Download: New_York-2021-S00968-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           968

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        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 the
     7  reasonably prompt restoration of service in the  case  of  an  emergency
     8  event,  defined for purposes of this subdivision as an event where wide-
     9  spread outages have occurred in the authority's service territory due to
    10  a storm or other causes beyond the control  of  the  authority  and  the
    11  service provider, (ii) consistent with the requirements of paragraph (a)
    12  of subdivision twenty-one of section sixty-six of the public service law
    13  and  any  regulations and orders adopted thereto, and (iii) establishing
    14  the separate responsibilities of the authority and service provider.
    15    2. On or before February third, two thousand fourteen,  the  authority
    16  and  service  provider  shall  submit  an emergency response plan to the
    17  department of public service for  review.  Contemporaneously  with  such
    18  submission,  the authority shall provide notice of such proposed plan to
    19  the secretary of state  for  publication  in  the  state  register,  the
    20  authority  and  service  provider  each  shall  post  such plan on their
    21  websites and otherwise make such plan available  for  review  in-person,
    22  and  afford  members  of  the  public  an  opportunity to submit written

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03823-01-1
        S. 968                              2

     1  comments and oral comments pursuant to at least one hearing to  be  held
     2  each  in  the  county  of Suffolk and the county of Nassau. Such written
     3  comments must be submitted by March fourteenth, two  thousand  fourteen.
     4  The  authority  and service provider shall provide a copy of all written
     5  comments they receive and a transcript of such public  hearings  to  the
     6  department  of  public  service  for  its consideration in reviewing the
     7  emergency response plan. The department shall  provide  any  recommenda-
     8  tions to the authority and service provider with respect to such plan on
     9  or before April fifteenth, two thousand fourteen. Such plan must be made
    10  final  by  June second, two thousand fourteen. For each year thereafter,
    11  the service provider shall submit an  emergency  response  plan  to  the
    12  department  of  public  service,  and  such department shall provide its
    13  recommendations, in accordance with a schedule to be established by such
    14  department and that is consistent with the schedule associated with such
    15  department's review of similar such plans provided  by  electric  corpo-
    16  rations  pursuant  to subdivision twenty-one of section sixty-six of the
    17  public service law.
    18    3. By June second, two thousand fourteen, and by June  first  annually
    19  thereafter,  the authority and service provider shall jointly certify to
    20  the department of homeland security  and  emergency  services  that  the
    21  emergency  response  plan  ensures, to the greatest extent feasible, the
    22  timely and safe  restoration  of  energy  services  after  an  emergency
    23  consistent  with  the requirements of paragraph (a) of subdivision twen-
    24  ty-one of the public service law and the  department's  recommendations.
    25  The  filing of such emergency response plan shall also include a copy of
    26  all written mutual assistance agreements among utilities. The  authority
    27  and service provider shall file with the county executives of Nassau and
    28  Suffolk  county  and  the  mayor of the city of New York the most recent
    29  version of the emergency response plan, and make sure that such  amended
    30  versions are timely filed.
    31    4.  Starting  in  calendar  year  two  thousand  fourteen, the service
    32  provider annually shall undertake at least one drill to implement proce-
    33  dures to practice its emergency  response  plan.  The  service  provider
    34  shall  notify  and  allow participation in such drill of all appropriate
    35  municipal emergency responders and officials].
    36    [5.] The plan shall be submitted  to  the  public  service  commission
    37  annually  on  or before December fifteenth for review and approval.  The
    38  emergency response plan shall be  designed  for  the  reasonably  prompt
    39  restoration  of  service  in the case of an emergency event, defined for
    40  purposes of this subdivision as an event where widespread  outages  have
    41  occurred  in  the  authority's service territory of the service provider
    42  due to storms or other causes beyond the control of the service  provid-
    43  er.  The  emergency response plan shall include, but need not be limited
    44  to, the following:  (i) the identification of management staff responsi-
    45  ble for the service provider's operations during an  emergency;  (ii)  a
    46  communications  system  with  customers during an emergency that extends
    47  beyond normal business hours and business conditions; (iii)  identifica-
    48  tion  of  and  outreach plans to customers who had documented their need
    49  for essential electricity for medical needs; (iv) identification of  and
    50  outreach  plans to customers who had documented their need for essential
    51  electricity to provide critical telecommunications, critical transporta-
    52  tion, critical fuel distribution services or other large-load  customers
    53  identified  by the commission; (v) designation of service provider staff
    54  to communicate with local officials and appropriate regulatory agencies;
    55  (vi) provisions regarding how the service provider will assure the safe-
    56  ty of its employees and  contractors;  (vii)  procedures  for  deploying
        S. 968                              3

     1  service  provider  and mutual aid crews to work assignment areas; (viii)
     2  identification of additional supplies and  equipment  needed  during  an
     3  emergency;  (ix)  the  means of obtaining additional supplies and equip-
     4  ment;  (x)  procedures  to  practice  the  emergency response plan; (xi)
     5  appropriate safety precautions regarding electrical  hazards,  including
     6  plans to promptly secure downed wires within thirty-six hours of notifi-
     7  cation  of  the location of such downed wires from a municipal emergency
     8  official;  (xii)  establishing  the  separate  responsibilities  of  the
     9  authority  and service provider; and (xiii) such other additional infor-
    10  mation as the commission may require.   Such  emergency  plan  shall  be
    11  consistent  with  any  regulations  and orders adopted hereto. Each such
    12  service provider shall, on an annual basis, undertake drills  implement-
    13  ing  procedures  to  practice its emergency management plan. The service
    14  provider shall notify and allow  participation  in  such  drill  of  all
    15  appropriate municipal emergency responders and officials. The commission
    16  may  adopt  additional requirements consistent with ensuring the reason-
    17  ably prompt restoration of service in the case of an emergency event.
    18    2. After review of a service provider's emergency response  plan,  the
    19  commission  may  require  such  service  provider to amend the plan. The
    20  commission may also open an investigation of the service provider's plan
    21  to determine its sufficiency  to  respond  adequately  to  an  emergency
    22  event.    If, after hearings, the commission finds a material deficiency
    23  in the plan, it may order the service provider to  make  such  modifica-
    24  tions that it deems reasonably necessary to remedy the deficiency.
    25    3. The commission is authorized to open an investigation to review the
    26  performance  of  any  service provider in restoring service or otherwise
    27  meeting the requirements of the emergency response plan during an  emer-
    28  gency  event.  If,  after  evidentiary  hearings  or other investigatory
    29  proceedings, the commission finds that the service  provider  failed  to
    30  reasonably  implement  its emergency response plan or the length of such
    31  service provider's outages were materially longer than they  would  have
    32  been, because of such service provider's failure to reasonably implement
    33  its emergency response plan, the commission may deny the recovery of any
    34  part  of the service restoration costs caused by such failure, commensu-
    35  rate with the degree and impact of the service outage; provided,  howev-
    36  er,  that  nothing herein limits the commission's authority to otherwise
    37  commence a proceeding pursuant to sections twenty-four, twenty-five  and
    38  twenty-five-a of the public service law, provided such action or penalty
    39  solely  relates to the service provider's performance under the require-
    40  ments of the service provider's emergency response plan.
    41    4. The commission shall certify to the department of homeland security
    42  and emergency services  that  each  such  service  provider's  emergency
    43  response  plan  is  sufficient to ensure to the greatest extent feasible
    44  the timely and safe restoration of energy services after an emergency in
    45  compliance with the requirements of this chapter.
    46    5. The filing of each emergency response plan required under paragraph
    47  one of this subdivision shall also include a copy of all written  mutual
    48  assistance agreements among utilities.
    49    6. The authority and service provider shall file with the county exec-
    50  utives  of Nassau  and Suffolk counties and the mayor of the city of New
    51  York the most recent  approved  copy  of  the  emergency  response  plan
    52  required pursuant to this section.
    53    7. The commission shall provide access to such emergency response plan
    54  pursuant to article six of the public officers law.
    55    8.  If, during an emergency event, electric service is not restored in
    56  three days, the service provider shall within sixty days from  the  date
        S. 968                              4

     1  of  full  restoration  file  with the department a report constituting a
     2  review of all aspects of the preparation and system restoration perform-
     3  ance during the event[, and shall thereafter take into consideration any
     4  recommendations  made  by  the  department associated with such review].
     5  Recommendations made by the department associated with such review shall
     6  be promptly forwarded to the commission.
     7    § 2. Subdivision 1 of section 1020-s of the public authorities law, as
     8  amended by chapter 415 of the laws  of  2017,  is  amended  to  read  as
     9  follows:
    10    1.  The  rates,  services  and  practices  relating to the electricity
    11  generated by facilities owned or operated by the authority shall not  be
    12  subject to the provisions of the public service law or to regulation by,
    13  or  the  jurisdiction  of,  the public service commission, except to the
    14  extent (a) article seven of the public service law applies to the siting
    15  and operation of a major utility transmission facility as defined there-
    16  in, (b) article ten of such law applies to the siting  of  a  generating
    17  facility as defined therein, (c) section eighteen-a of such law provides
    18  for  assessment  for  certain  costs, property or operations, (d) to the
    19  extent that the department of public service reviews and makes recommen-
    20  dations with respect to the operations and provision of services of, and
    21  rates and budgets established by,  the  authority  pursuant  to  section
    22  three-b  of  such law, [and] (e) that section seventy-four of the public
    23  service law applies to  qualified  energy  storage  systems  within  the
    24  authority's  jurisdiction,  and  (f) that all emergency management plans
    25  shall be subject to review, approval and enforcement by  the  commission
    26  pursuant  to  subdivision  (cc) of section one thousand twenty-f of this
    27  title, including but not limited to penalties and remedies provided  for
    28  such  violations  in sections twenty-four, twenty-five and twenty-five-a
    29  of the public service law.
    30    § 3. This act shall take effect immediately.