Bill Text: NY S02224 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to the restoration of electric power services during a widespread outage; requires electric corporations and the Long Island power authority service provider during a widespread prolonged outage that affects at least twenty thousand customers to notify the village, town or city if certain electric power services are not able to be restored; requires the chief executive to coordinate with affected police departments, fire departments, ambulance services and advanced life support first response services prewired with an appropriate transfer switch for using an alternate generated power source for the emergency deployment of alternate generated power sources.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-01 - SUBSTITUTED BY A986 [S02224 Detail]

Download: New_York-2023-S02224-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2224

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public service law, the public authorities  law  and
          the  executive  law,  in relation to the restoration of electric power
          services during a widespread outage; to amend a chapter of the laws of
          2022 amending the public service law, the public authorities  law  and
          the  executive law relating to requiring electric corporations and the
          Long Island power authority service provider to  prioritize  restoring
          services   to  police  departments,  fire  departments  and  ambulance
          services, when electric  services  are  interrupted,  as  proposed  in
          legislative  bills  numbers S. 926-C and A. 3318-C, in relation to the
          effectiveness thereof; and to repeal certain provisions of the  execu-
          tive law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 73-a of the public service law, as added by a chap-
     2  ter of the laws of 2022 amending the  public  service  law,  the  public
     3  authorities  law  and  the  executive law relating to requiring electric
     4  corporations and the Long Island power  authority  service  provider  to
     5  prioritize  restoring  services to police departments, fire departments,
     6  and ambulance services,  when  electric  services  are  interrupted,  as
     7  proposed in legislative bills numbers S. 926-C and A. 3318-C, is amended
     8  to read as follows:
     9    §  73-a.  Prioritization  of emergency services. 1. If, during a wide-
    10  spread prolonged outage that affects at least twenty thousand  customers
    11  in  the  service  territory  of an electric corporation, and such corpo-
    12  ration is not able to restore electric power services within twenty-four
    13  hours to any affected police department, fire department, [or] ambulance
    14  service [which has a] or advanced life support  first  response  service
    15  facility  that is prewired with an appropriate transfer switch for using
    16  an alternate generated power source [within  twenty-four  hours  of  the
    17  loss  or  interruption  of  such electric power services], such electric
    18  corporation shall notify the [local county office of  emergency  manage-
    19  ment which shall provide for emergency deployment of alternate generated

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04194-01-3

        S. 2224                             2

     1  power sources through a program administered by the division of homeland
     2  security  and emergency services to such police department, fire depart-
     3  ment, and/or ambulance service with an alternate generated power source]
     4  village, town or city in which such facility is located.
     5    2.  [An  electric  corporation  shall not increase charges to any rate
     6  payers to cover any extra costs incurred by such electric corporation as
     7  a result of compliance with subdivision  one  of  this  section]  Towns,
     8  cities,  and  villages shall provide to counties, and counties shall, to
     9  the extent practicable, provide the electric corporations and the  divi-
    10  sion  of  homeland  security  and emergency services with a list of such
    11  police departments, fire departments, ambulance  services  and  advanced
    12  life  support first response services located within such municipality's
    13  territorial boundaries within one year of the  effective  date  of  this
    14  section, and periodically thereafter as necessary to update such list.
    15    3.  For  the  purposes  of  this  section,  "alternate generated power
    16  source" shall mean electric generating equipment that is of the capacity
    17  that is capable of providing adequate electricity to  operate  all  life
    18  safety  systems  and  the  basic operations of a police department, fire
    19  department, [or]  ambulance  service  or  advanced  life  support  first
    20  response service.
    21    [4.  This section shall only apply to police departments, fire depart-
    22  ments, or ambulance services who are registered  with  the  division  of
    23  homeland  security and emergency services pursuant to article twenty-six
    24  of the executive law.]
    25    § 2. Section 1020-mm of the public authorities  law,  as  added  by  a
    26  chapter  of the laws of 2022 amending the public service law, the public
    27  authorities law and the executive law  relating  to  requiring  electric
    28  corporations  and  the  Long  Island power authority service provider to
    29  prioritize restoring services to police departments,  fire  departments,
    30  and  ambulance  services,  when  electric  services  are interrupted, as
    31  proposed in legislative bills numbers S. 926-C and A. 3318-C, is amended
    32  to read as follows:
    33    § 1020-mm. Prioritization of emergency services. 1. If, during a wide-
    34  spread prolonged outage that affects at least twenty thousand  customers
    35  in  the  service territory of the authority, and the service provider is
    36  not able to restore electric power services within twenty-four hours  to
    37  any  affected police department, fire department, [or] ambulance service
    38  or advanced life support first response service [which has  a]  facility
    39  that is prewired with an appropriate transfer switch for using an alter-
    40  nate  generated  power  source  [within twenty-four hours of the loss or
    41  interruption of  such  electric  power  services],  [the]  such  service
    42  provider  shall  notify the [local county office of emergency management
    43  which shall provide for  emergency  deployment  of  alternate  generated
    44  power sources through a program administered by the division of homeland
    45  security  and emergency services to such police department, fire depart-
    46  ment, and/or ambulance service with an alternate generated power source]
    47  village, town or city in which such facility is located.
    48    2. [The] Towns, cities, and villages shall provide  to  counties,  and
    49  counties  shall  to the extent practicable, provide the service provider
    50  [shall not increase charges to any rate payers to cover any extra  costs
    51  incurred by the service provider as a result of compliance with subdivi-
    52  sion  one  of  this  section]  and the division of homeland security and
    53  emergency services with a list of such police departments, fire  depart-
    54  ments,  ambulance  services  and  advanced  life  support first response
    55  services located within such municipality's territorial boundaries with-

        S. 2224                             3

     1  in one year of the effective date  of  this  section,  and  periodically
     2  thereafter as necessary to update such list.
     3    3.  For  the  purposes  of  this  section,  "alternate generated power
     4  source" shall mean electric generating equipment that is of the capacity
     5  that is capable of providing adequate electricity to  operate  all  life
     6  safety  systems  and  the  basic operations of a police department, fire
     7  department, [or]  ambulance  service  or  advanced  life  support  first
     8  response service.
     9    [4.  This section shall only apply to police departments, fire depart-
    10  ments, or ambulance services who are registered  with  the  division  of
    11  homeland  security and emergency services pursuant to article twenty-six
    12  of the executive law.]
    13    § 3. Paragraph (v) of subdivision 2 of section 709  of  the  executive
    14  law,  as  added  by  a  chapter  of the laws of 2022 amending the public
    15  service law, the public authorities law and the executive  law  relating
    16  to  requiring  electric corporations and the Long Island power authority
    17  service provider to prioritize restoring services to police departments,
    18  fire departments, and ambulance services,  when  electric  services  are
    19  interrupted,  as  proposed  in legislative bills numbers S. 926-C and A.
    20  3318-C, is REPEALED.
    21    § 4. Section 24 of the executive law is amended by adding a new subdi-
    22  vision 9 to read as follows:
    23    9. a. Whenever a local state of emergency is declared pursuant to this
    24  section and upon receipt of notification by an electric  corporation  or
    25  the  service provider, pursuant to section seventy-three-a of the public
    26  service law or section one thousand twenty-mm of the public  authorities
    27  law,  the  chief executive shall coordinate with affected police depart-
    28  ments, fire departments, ambulance services and  advanced  life  support
    29  first response services prewired with an appropriate transfer switch for
    30  using  an  alternate generated power source for the emergency deployment
    31  of alternate generated power sources.
    32    b. For the  purposes  of  this  section,  "alternate  generated  power
    33  source" shall mean electric generating equipment that is of the capacity
    34  that  is  capable  of providing adequate electricity to operate all life
    35  safety systems and the basic operations of  a  police  department,  fire
    36  department,  ambulance  service  or advanced life support first response
    37  service.
    38    § 5. Section 4 of a chapter of the laws of 2022  amending  the  public
    39  service  law,  the public authorities law and the executive law relating
    40  to requiring electric corporations and the Long Island  power  authority
    41  service provider to prioritize restoring services to police departments,
    42  fire  departments,  and  ambulance  services, when electric services are
    43  interrupted, as proposed in legislative bills numbers S.  926-C  and  A.
    44  3318-C, is amended to read as follows:
    45    §  4. This act shall take effect [immediately] one year after it shall
    46  have become a law.
    47    § 6. This act shall take effect immediately; provided,  however,  that
    48  sections  one,  two, three and four of this act shall take effect on the
    49  same date and in the same manner as a chapter of the laws of 2022 amend-
    50  ing the public service law, the public authorities law and the executive
    51  law relating to requiring electric  corporations  and  the  Long  Island
    52  power  authority  service  provider  to prioritize restoring services to
    53  police departments, fire departments, and ambulance services, when elec-
    54  tric services are interrupted, as proposed in legislative bills  numbers
    55  S. 926-C and A. 3318-C, takes effect.
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