Bill Text: NY S00968 | 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: Moderate Partisan Bill (Democrat 4-1)
Status: (Vetoed) 2022-12-09 - VETOED MEMO.92 [S00968 Detail]
Download: New_York-2021-S00968-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: Moderate Partisan Bill (Democrat 4-1)
Status: (Vetoed) 2022-12-09 - VETOED MEMO.92 [S00968 Detail]
Download: New_York-2021-S00968-Introduced.html
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 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 writtenEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03823-01-1S. 968 2 1comments and oral comments pursuant to at least one hearing to be held2each in the county of Suffolk and the county of Nassau. Such written3comments must be submitted by March fourteenth, two thousand fourteen.4The authority and service provider shall provide a copy of all written5comments they receive and a transcript of such public hearings to the6department of public service for its consideration in reviewing the7emergency response plan. The department shall provide any recommenda-8tions to the authority and service provider with respect to such plan on9or before April fifteenth, two thousand fourteen. Such plan must be made10final by June second, two thousand fourteen. For each year thereafter,11the service provider shall submit an emergency response plan to the12department of public service, and such department shall provide its13recommendations, in accordance with a schedule to be established by such14department and that is consistent with the schedule associated with such15department's review of similar such plans provided by electric corpo-16rations pursuant to subdivision twenty-one of section sixty-six of the17public service law.183. By June second, two thousand fourteen, and by June first annually19thereafter, the authority and service provider shall jointly certify to20the department of homeland security and emergency services that the21emergency response plan ensures, to the greatest extent feasible, the22timely and safe restoration of energy services after an emergency23consistent with the requirements of paragraph (a) of subdivision twen-24ty-one of the public service law and the department's recommendations.25The filing of such emergency response plan shall also include a copy of26all written mutual assistance agreements among utilities. The authority27and service provider shall file with the county executives of Nassau and28Suffolk county and the mayor of the city of New York the most recent29version of the emergency response plan, and make sure that such amended30versions are timely filed.314. Starting in calendar year two thousand fourteen, the service32provider annually shall undertake at least one drill to implement proce-33dures to practice its emergency response plan. The service provider34shall notify and allow participation in such drill of all appropriate35municipal 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 deployingS. 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 dateS. 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 any4recommendations 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.
