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

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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; 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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         968--A
            Cal. No. 520

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens. GAUGHRAN, BROOKS, HINCHEY, KAPLAN, PALUMBO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Energy  and  Telecommunications  --  recommitted to the
          Committee on Energy and Telecommunications in accordance  with  Senate
          Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
          first and second report, ordered to a third reading, passed by  Senate
          and  delivered  to the Assembly, recalled, vote reconsidered, restored
          to third reading, amended and ordered reprinted, retaining  its  place
          in the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03823-03-2
        S. 968--A                           2

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

     1  electricity to provide critical telecommunications, critical transporta-
     2  tion, critical fuel distribution services or other large-load  customers
     3  identified  by the commission; (v) designation of service provider staff
     4  to communicate with local officials and appropriate regulatory agencies;
     5  (vi) provisions regarding how the service provider will assure the safe-
     6  ty  of  its  employees  and  contractors; (vii) procedures for deploying
     7  service provider and mutual aid crews to work assignment  areas;  (viii)
     8  identification  of  additional  supplies  and equipment needed during an
     9  emergency; (ix) the means of obtaining additional  supplies  and  equip-
    10  ment;  (x)  procedures  to  practice  the  emergency response plan; (xi)
    11  appropriate safety precautions regarding electrical  hazards,  including
    12  plans to promptly secure downed wires within thirty-six hours of notifi-
    13  cation  of  the location of such downed wires from a municipal emergency
    14  official;  (xii)  establishing  the  separate  responsibilities  of  the
    15  authority  and service provider; and (xiii) such other additional infor-
    16  mation as the commission may require.   Such  emergency  plan  shall  be
    17  consistent  with  any  regulations  and orders adopted hereto. Each such
    18  service provider shall, on an annual basis, undertake drills  implement-
    19  ing  procedures  to  practice its emergency management plan. The service
    20  provider shall notify and allow  participation  in  such  drill  of  all
    21  appropriate municipal emergency responders and officials. The commission
    22  may  adopt  additional requirements consistent with ensuring the reason-
    23  ably prompt restoration of service in the case of an emergency event.
    24    2. After review of a service provider's emergency response  plan,  the
    25  commission  may  require  such  service  provider to amend the plan. The
    26  commission may also open an investigation of the service provider's plan
    27  to determine its sufficiency  to  respond  adequately  to  an  emergency
    28  event.    If, after hearings, the commission finds a material deficiency
    29  in the plan, it may order the service provider to  make  such  modifica-
    30  tions that it deems reasonably necessary to remedy the deficiency.
    31    3. The commission is authorized to open an investigation to review the
    32  performance  of  any  service provider in restoring service or otherwise
    33  meeting the requirements of the emergency response plan during an  emer-
    34  gency  event.  If,  after  evidentiary  hearings  or other investigatory
    35  proceedings, the commission finds that the service  provider  failed  to
    36  reasonably  implement  its emergency response plan or the length of such
    37  service provider's outages were materially longer than they  would  have
    38  been, because of such service provider's failure to reasonably implement
    39  its emergency response plan, the commission may deny the recovery of any
    40  part  of the service restoration costs caused by such failure, commensu-
    41  rate with the degree and impact of the service outage; provided,  howev-
    42  er,  that  nothing herein limits the commission's authority to otherwise
    43  commence a proceeding pursuant to sections twenty-four, twenty-five  and
    44  twenty-five-a of the public service law, provided such action or penalty
    45  solely  relates to the service provider's performance under the require-
    46  ments of the service provider's emergency response plan.
    47    4. The commission shall certify to the department of homeland security
    48  and emergency services  that  each  such  service  provider's  emergency
    49  response  plan  is  sufficient to ensure to the greatest extent feasible
    50  the timely and safe restoration of energy services after an emergency in
    51  compliance with the requirements of this chapter.
    52    5. The filing of each emergency response plan required under paragraph
    53  one of this subdivision shall also include a copy of all written  mutual
    54  assistance agreements among utilities.
    55    6. The authority and service provider shall file with the county exec-
    56  utives  of Nassau  and Suffolk counties and the mayor of the city of New
        S. 968--A                           4

     1  York the most recent  approved  copy  of  the  emergency  response  plan
     2  required pursuant to this section.
     3    7. The commission shall provide access to such emergency response plan
     4  pursuant to article six of the public officers law.
     5    8.  If, during an emergency event, electric service is not restored in
     6  three days, the service provider shall within sixty days from  the  date
     7  of  full  restoration  file  with the department a report constituting a
     8  review of all aspects of the preparation and system restoration perform-
     9  ance during the event[, and shall thereafter take into consideration any
    10  recommendations made by the department  associated  with  such  review].
    11  Recommendations made by the department associated with such review shall
    12  be promptly forwarded to the commission.
    13    § 2. Subdivision 1 of section 1020-s of the public authorities law, as
    14  amended  by  chapter  681  of  the  laws  of 2021, is amended to read as
    15  follows:
    16    1. The rates, services  and  practices  relating  to  the  electricity
    17  generated  by facilities owned or operated by the authority shall not be
    18  subject to the provisions of the public service law or to regulation by,
    19  or the jurisdiction of, the public service  commission,  except  to  the
    20  extent (a) article seven of the public service law applies to the siting
    21  and operation of a major utility transmission facility as defined there-
    22  in,  (b)  article  ten of such law applies to the siting of a generating
    23  facility as defined therein, (c) section eighteen-a of such law provides
    24  for assessment for certain costs, property or  operations,  (d)  to  the
    25  extent that the department of public service reviews and makes recommen-
    26  dations with respect to the operations and provision of services of, and
    27  rates  and  budgets  established  by,  the authority pursuant to section
    28  three-b of such law, (e) that section seventy-four of the public service
    29  law applies to qualified energy storage systems within  the  authority's
    30  jurisdiction,  [and]  (f)  that  section  seventy-four-b  of  the public
    31  service  law  applies  to  Long  Island  community  choice   aggregation
    32  programs[.],  and  (g)  that  all    emergency management plans shall be
    33  subject to review, approval and enforcement by the  commission  pursuant
    34  to  subdivision  (cc)  of  section  one thousand twenty-f of this title,
    35  including but not limited to penalties and remedies  provided  for  such
    36  violations in sections twenty-four, twenty-five and twenty-five-a of the
    37  public service law.
    38    § 3. This act shall take effect immediately.