BILL NUMBER: S3275

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to exempting certain
utility and other workers from state and local traveling bans during
declared emergencies

 
PURPOSE:

The purpose of the bill is to permit utility and other workers to access
local and/or state declared disaster areas during periods of travel bans
in order to allow them to perform necessary services related to the
restoration and/or maintenance of energy and communications infrastruc-
ture.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Section 22 of the Executive Law, which
deals with state disaster preparedness plans. These plans would be
              

required to include provisions that exempt from travel bans implemented
by state officials those essential private and public personnel, as
determined by the state disaster preparedness commission, that are
involved in providing emergency services to declared disaster areas,
including utility and other workers who are tasked with restoring power,
heat, communications and related activities.

Section 2 would amend Section 23 of the Executive Law, which deals with
local comprehensive emergency management plans. These plans would be
required to include provisions that exempt from travel bans implemented
by local officials those essential private and public personnel, as
determined by the state disaster preparedness commission, that are
involved in providing emergency services to declared disaster areas,
including utility and other workers who are tasked with restoring power,
heat, communications and related activities.

Section 3 would set forth an immediate effective date.

 
JUSTIFICATION:

The role of utility and other workers is a critical component to emer-
gency preparedness and response, as their ability to access disaster
areas is directly attributable to the restoration of power and communi-
cations to a given community. Some communities have experienced longterm
power and communications outages of weeks or days during r ecent storms
such as Hurricane Irene, Tropical Storm Lee, and Super Storm Sandy in no
small part because utility personnel were barred from physically access-
ing the electric and communications infrastructure that needed repair.

Anecdotally, some areas across the state permit utility and other work-
ers to travel during disaster periods if law enforcement allows for it
while most areas prohibit their travel outright - essentially turning a
"blind eye" to the travel ban in the overall interest of the public
welfare. This bill seeks to add statewide clarity, uniformity, and
general permission for utility and other workers to travel to and from
disaster areas in order to restore power and communications and provide
maintenance services for communities that have been affected by a
natural or man-made catastrophic event. This bill does not mandate that
a state or local governing entity actually provide these personnel; it
only prescribes that such personnel are exempted from travel bans that
are otherwise in effect throughout the state, county, town, or village.

 
LEGISLATIVE HISTORY:

2019/20 58843 - REFERRED TO RULES

A previous version of this bill, A8059A of 2015, was vetoed; however,
this updated version intends to address the veto message regarding a
"blanket exemption to travel bans for utility workers" by placing
discretion upon the state disaster preparedness commission to determine
which utility personnel should be excluded from state and local travel
bans.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.