S T A T E O F N E W Y O R K
________________________________________________________________________
2622--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. THIELE, J. A. GIGLIO -- read once and referred to
the Committee on Corporations, Authorities and Commissions -- recom-
mitted to the Committee on Corporations, Authorities and Commissions
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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:
Section 1. Subdivision (cc) of section 1020-f of the public authori-
ties law, as added by section 7 of part A of chapter 173 of the laws of
2013, is amended to read as follows:
(cc) To prepare an emergency response plan pursuant to this subdivi-
sion. 1. The service provider shall, in consultation with the authority,
prepare and maintain an emergency response plan [(i) to assure the
reasonably prompt restoration of service in the case of an emergency
event, defined for purposes of this subdivision as an event where wide-
spread outages have occurred in the authority's service territory due to
a storm or other causes beyond the control of the authority and the
service provider, (ii) consistent with the requirements of paragraph (a)
of subdivision twenty-one of section sixty-six of the public service law
and any regulations and orders adopted thereto, and (iii) establishing
the separate responsibilities of the authority and service provider.
2. On or before February third, two thousand fourteen, the authority
and service provider shall submit an emergency response plan to the
department of public service for review. Contemporaneously with such
submission, the authority shall provide notice of such proposed plan to
the secretary of state for publication in the state register, the
authority and service provider each shall post such plan on their
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03823-02-2
A. 2622--A 2
websites and otherwise make such plan available for review in-person,
and afford members of the public an opportunity to submit written
comments and oral comments pursuant to at least one hearing to be held
each in the county of Suffolk and the county of Nassau. Such written
comments must be submitted by March fourteenth, two thousand fourteen.
The authority and service provider shall provide a copy of all written
comments they receive and a transcript of such public hearings to the
department of public service for its consideration in reviewing the
emergency response plan. The department shall provide any recommenda-
tions to the authority and service provider with respect to such plan on
or before April fifteenth, two thousand fourteen. Such plan must be made
final by June second, two thousand fourteen. For each year thereafter,
the service provider shall submit an emergency response plan to the
department of public service, and such department shall provide its
recommendations, in accordance with a schedule to be established by such
department and that is consistent with the schedule associated with such
department's review of similar such plans provided by electric corpo-
rations pursuant to subdivision twenty-one of section sixty-six of the
public service law.
3. By June second, two thousand fourteen, and by June first annually
thereafter, the authority and service provider shall jointly certify to
the department of homeland security and emergency services that the
emergency response plan ensures, to the greatest extent feasible, the
timely and safe restoration of energy services after an emergency
consistent with the requirements of paragraph (a) of subdivision twen-
ty-one of the public service law and the department's recommendations.
The filing of such emergency response plan shall also include a copy of
all written mutual assistance agreements among utilities. The authority
and service provider shall file with the county executives of Nassau and
Suffolk county and the mayor of the city of New York the most recent
version of the emergency response plan, and make sure that such amended
versions are timely filed.
4. Starting in calendar year two thousand fourteen, the service
provider annually shall undertake at least one drill to implement proce-
dures to practice its emergency response plan. The service provider
shall notify and allow participation in such drill of all appropriate
municipal emergency responders and officials].
[5.] THE PLAN SHALL BE SUBMITTED TO THE PUBLIC SERVICE COMMISSION
ANNUALLY ON OR BEFORE DECEMBER FIFTEENTH FOR REVIEW AND APPROVAL. THE
EMERGENCY RESPONSE PLAN SHALL BE DESIGNED FOR THE REASONABLY PROMPT
RESTORATION OF SERVICE IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR
PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDESPREAD OUTAGES HAVE
OCCURRED IN THE AUTHORITY'S SERVICE TERRITORY OF THE SERVICE PROVIDER
DUE TO STORMS OR OTHER CAUSES BEYOND THE CONTROL OF THE SERVICE PROVID-
ER. THE EMERGENCY RESPONSE PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED
TO, THE FOLLOWING: (I) THE IDENTIFICATION OF MANAGEMENT STAFF RESPONSI-
BLE FOR THE SERVICE PROVIDER'S OPERATIONS DURING AN EMERGENCY; (II) A
COMMUNICATIONS SYSTEM WITH CUSTOMERS DURING AN EMERGENCY THAT EXTENDS
BEYOND NORMAL BUSINESS HOURS AND BUSINESS CONDITIONS; (III) IDENTIFICA-
TION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD DOCUMENTED THEIR NEED
FOR ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS; (IV) IDENTIFICATION OF AND
OUTREACH PLANS TO CUSTOMERS WHO HAD DOCUMENTED THEIR NEED FOR ESSENTIAL
ELECTRICITY TO PROVIDE CRITICAL TELECOMMUNICATIONS, CRITICAL TRANSPORTA-
TION, CRITICAL FUEL DISTRIBUTION SERVICES OR OTHER LARGE-LOAD CUSTOMERS
IDENTIFIED BY THE COMMISSION; (V) DESIGNATION OF SERVICE PROVIDER STAFF
TO COMMUNICATE WITH LOCAL OFFICIALS AND APPROPRIATE REGULATORY AGENCIES;
A. 2622--A 3
(VI) PROVISIONS REGARDING HOW THE SERVICE PROVIDER WILL ASSURE THE SAFE-
TY OF ITS EMPLOYEES AND CONTRACTORS; (VII) PROCEDURES FOR DEPLOYING
SERVICE PROVIDER AND MUTUAL AID CREWS TO WORK ASSIGNMENT AREAS; (VIII)
IDENTIFICATION OF ADDITIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN
EMERGENCY; (IX) THE MEANS OF OBTAINING ADDITIONAL SUPPLIES AND EQUIP-
MENT; (X) PROCEDURES TO PRACTICE THE EMERGENCY RESPONSE PLAN; (XI)
APPROPRIATE SAFETY PRECAUTIONS REGARDING ELECTRICAL HAZARDS, INCLUDING
PLANS TO PROMPTLY SECURE DOWNED WIRES WITHIN THIRTY-SIX HOURS OF NOTIFI-
CATION OF THE LOCATION OF SUCH DOWNED WIRES FROM A MUNICIPAL EMERGENCY
OFFICIAL; (XII) ESTABLISHING THE SEPARATE RESPONSIBILITIES OF THE
AUTHORITY AND SERVICE PROVIDER; AND (XIII) SUCH OTHER ADDITIONAL INFOR-
MATION AS THE COMMISSION MAY REQUIRE. SUCH EMERGENCY PLAN SHALL BE
CONSISTENT WITH ANY REGULATIONS AND ORDERS ADOPTED HERETO. EACH SUCH
SERVICE PROVIDER SHALL, ON AN ANNUAL BASIS, UNDERTAKE DRILLS IMPLEMENT-
ING PROCEDURES TO PRACTICE ITS EMERGENCY MANAGEMENT PLAN. THE SERVICE
PROVIDER SHALL NOTIFY AND ALLOW PARTICIPATION IN SUCH DRILL OF ALL
APPROPRIATE MUNICIPAL EMERGENCY RESPONDERS AND OFFICIALS. THE COMMISSION
MAY ADOPT ADDITIONAL REQUIREMENTS CONSISTENT WITH ENSURING THE REASON-
ABLY PROMPT RESTORATION OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
2. AFTER REVIEW OF A SERVICE PROVIDER'S EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH SERVICE PROVIDER TO AMEND THE PLAN. THE
COMMISSION MAY ALSO OPEN AN INVESTIGATION OF THE SERVICE PROVIDER'S PLAN
TO DETERMINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY
EVENT. IF, AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY
IN THE PLAN, IT MAY ORDER THE SERVICE PROVIDER TO MAKE SUCH MODIFICA-
TIONS THAT IT DEEMS REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
3. THE COMMISSION IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW THE
PERFORMANCE OF ANY SERVICE PROVIDER IN RESTORING SERVICE OR OTHERWISE
MEETING THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
GENCY EVENT. IF, AFTER EVIDENTIARY HEARINGS OR OTHER INVESTIGATORY
PROCEEDINGS, THE COMMISSION FINDS THAT THE SERVICE PROVIDER FAILED TO
REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH
SERVICE PROVIDER'S OUTAGES WERE MATERIALLY LONGER THAN THEY WOULD HAVE
BEEN, BECAUSE OF SUCH SERVICE PROVIDER'S FAILURE TO REASONABLY IMPLEMENT
ITS EMERGENCY RESPONSE PLAN, THE COMMISSION MAY DENY THE RECOVERY OF ANY
PART OF THE SERVICE RESTORATION COSTS CAUSED BY SUCH FAILURE, COMMENSU-
RATE WITH THE DEGREE AND IMPACT OF THE SERVICE OUTAGE; PROVIDED, HOWEV-
ER, THAT NOTHING HEREIN LIMITS THE COMMISSION'S AUTHORITY TO OTHERWISE
COMMENCE A PROCEEDING PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND
TWENTY-FIVE-A OF THE PUBLIC SERVICE LAW, PROVIDED SUCH ACTION OR PENALTY
SOLELY RELATES TO THE SERVICE PROVIDER'S PERFORMANCE UNDER THE REQUIRE-
MENTS OF THE SERVICE PROVIDER'S EMERGENCY RESPONSE PLAN.
4. THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURITY
AND EMERGENCY SERVICES THAT EACH SUCH SERVICE PROVIDER'S EMERGENCY
RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE GREATEST EXTENT FEASIBLE
THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
5. THE FILING OF EACH EMERGENCY RESPONSE PLAN REQUIRED UNDER PARAGRAPH
ONE OF THIS SUBDIVISION SHALL ALSO INCLUDE A COPY OF ALL WRITTEN MUTUAL
ASSISTANCE AGREEMENTS AMONG UTILITIES.
6. THE AUTHORITY AND SERVICE PROVIDER SHALL FILE WITH THE COUNTY EXEC-
UTIVES OF NASSAU AND SUFFOLK COUNTIES AND THE MAYOR OF THE CITY OF NEW
YORK THE MOST RECENT APPROVED COPY OF THE EMERGENCY RESPONSE PLAN
REQUIRED PURSUANT TO THIS SECTION.
7. THE COMMISSION SHALL PROVIDE ACCESS TO SUCH EMERGENCY RESPONSE PLAN
PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
A. 2622--A 4
8. If, during an emergency event, electric service is not restored in
three days, the service provider shall within sixty days from the date
of full restoration file with the department a report constituting a
review of all aspects of the preparation and system restoration perform-
ance during the event[, and shall thereafter take into consideration any
recommendations made by the department associated with such review].
RECOMMENDATIONS MADE BY THE DEPARTMENT ASSOCIATED WITH SUCH REVIEW SHALL
BE PROMPTLY FORWARDED TO THE COMMISSION.
§ 2. Subdivision 1 of section 1020-s of the public authorities law, as
amended by chapter 681 of the laws of 2021, is amended to read as
follows:
1. The rates, services and practices relating to the electricity
generated by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,
or the jurisdiction of, the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) article ten of such law applies to the siting of a generating
facility as defined therein, (c) section eighteen-a of such law provides
for assessment for certain costs, property or operations, (d) to the
extent that the department of public service reviews and makes recommen-
dations with respect to the operations and provision of services of, and
rates and budgets established by, the authority pursuant to section
three-b of such law, (e) that section seventy-four of the public service
law applies to qualified energy storage systems within the authority's
jurisdiction, [and] (f) that section seventy-four-b of the public
service law applies to Long Island community choice aggregation
programs[.], AND (G) THAT ALL EMERGENCY MANAGEMENT PLANS SHALL BE
SUBJECT TO REVIEW, APPROVAL AND ENFORCEMENT BY THE COMMISSION PURSUANT
TO SUBDIVISION (CC) OF SECTION ONE THOUSAND TWENTY-F OF THIS TITLE,
INCLUDING BUT NOT LIMITED TO PENALTIES AND REMEDIES PROVIDED FOR SUCH
VIOLATIONS IN SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-FIVE-A OF THE
PUBLIC SERVICE LAW.
§ 3. This act shall take effect immediately.