S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5773
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 service law, in relation to severe weather
   emergency response plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 28 to read as follows:
   § 28. SEVERE WEATHER EMERGENCY RESPONSE PLANS. 1. ANY  PUBLIC  UTILITY
 AUTHORITY, UTILITY CORPORATION, TELECOMMUNICATION CARRIER PURSUANT TO 47
 U.S.C. § 214(E), OR INTERNET OR BROADBAND PROVIDER, OPERATING WITHIN THE
 BOUNDS  OF  ANY  COUNTY  THAT  IS REQUIRED TO HAVE A LOCAL COMPREHENSIVE
 EMERGENCY MANAGEMENT PLAN SHALL CREATE, WITH ASSISTANCE FROM THE  APPRO-
 PRIATE  LOCAL  COUNTY OFFICE CHARGED WITH EMERGENCY RESPONSE AND MANAGE-
 MENT, A SEVERE WEATHER EMERGENCY RESPONSE  PLAN  AND  SHALL  PARTICIPATE
 WITH ANY COUNTY THEY OPERATE WITHIN IN A BIANNUAL DISASTER DRILL.
   2. THE PURPOSE OF SUCH PLANS SHALL BE TO MINIMIZE THE EFFECT OF DISAS-
 TERS CAUSED BY SEVERE WEATHER BY (A) IDENTIFYING APPROPRIATE MEASURES TO
 PREVENT  DISASTERS,  (B)  DEVELOPING MECHANISMS TO COORDINATE THE USE OF
 RESOURCES AND MANPOWER FOR SERVICE DURING AND AFTER  DISASTERS  AND  THE
 DELIVERY  OF SERVICES TO AID AND REDUCE HUMAN SUFFERING RESULTING FROM A
 DISASTER, AND (C) PROVIDING FOR  RECOVERY  AND  RESTORATION  OF  SERVICE
 AFTER DISASTERS.
   3. SUCH EMERGENCY RESPONSE PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  DISASTER PREVENTION AND MITIGATION. PLANS TO PREVENT AND MINIMIZE
 THE EFFECTS OF DISASTERS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) IDENTIFICATION OF HAZARDS AND ASSESSMENT OF RISK;
   (II) RECOMMENDED DISASTER PREVENTION AND  MITIGATION  PROJECTS,  POLI-
 CIES,  PRIORITIES AND PROGRAMS, WITH SUGGESTED IMPLEMENTATION SCHEDULES;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10283-01-1

 S. 5773                             2
 
   (III) SUCH OTHER MEASURES AS REASONABLY CAN BE TAKEN TO PROTECT LIVES,
 PREVENT DISASTERS, AND REDUCE THEIR IMPACT.
   (B)  DISASTER  RESPONSE.  PLANS TO COORDINATE THE USE OF RESOURCES AND
 MANPOWER FOR SERVICE DURING AND AFTER DISASTERS AND TO DELIVER  SERVICES
 TO  AID  AND  REDUCE  HUMAN  SUFFERING  RESULTING  FROM A DISASTER SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (I) COORDINATION OF RESOURCES, MANPOWER AND SERVICES, USING RECOGNIZED
 PRACTICES IN INCIDENT MANAGEMENT, UTILIZING EXISTING  ORGANIZATIONS  AND
 LINES OF AUTHORITY AND CENTRALIZED DIRECTION OF REQUESTS FOR ASSISTANCE;
   (II)  THE LOCATION, PROCUREMENT, CONSTRUCTION, PROCESSING, TRANSPORTA-
 TION, STORING, MAINTENANCE, RENOVATION, DISTRIBUTION, DISPOSAL OR USE OF
 MATERIALS;
   (III) A SYSTEM FOR WARNING POPULATIONS WHO ARE OR MAY BE ENDANGERED;
   (IV) A SPECIFIC PLAN FOR RAPID AND EFFICIENT COMMUNICATION,  INCLUDING
 THE  ASSIGNMENT  OF  RESPONSIBILITIES  AND THE ESTABLISHMENT OF COMMUNI-
 CATION PRIORITIES AND LIAISON WITH MUNICIPAL, STATE AND FEDERAL  GOVERN-
 MENTS;
   (V)  CRITERIA FOR ESTABLISHING PRIORITIES WITH RESPECT TO THE RESTORA-
 TION OF VITAL SERVICES AND DEBRIS REMOVAL;
   (VI) PROVIDING INFORMATION TO THE PUBLIC; AND
   (VII) PROCEDURES UNDER WHICH THE COUNTY, CITY, TOWN, VILLAGE OR  OTHER
 POLITICAL SUBDIVISION WILL BE CONTACTED IN THE EVENT OF A DISASTER.
   (C) RECOVERY. PLANS TO PROVIDE FOR RECOVERY AND RESTORATION OF SERVICE
 AFTER DISASTERS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  RECOMMENDATIONS FOR REPLACEMENT, RECONSTRUCTION, REMOVAL OR RELO-
 CATION OF DAMAGED OR DESTROYED FACILITIES, INFRASTRUCTURE, OR EQUIPMENT,
 AND PROPOSED RECOMMENDATIONS TO MINIMIZE THE  IMPACT  OF  ANY  POTENTIAL
 FUTURE DISASTERS;
   (II)  PROVISIONS  FOR COOPERATION WITH LOCAL, STATE, AND FEDERAL AGEN-
 CIES IN RECOVERY EFFORTS; AND
   (III) PROVISIONS FOR EDUCATING LOCAL DISASTER OFFICIALS  OR  ORGANIZA-
 TIONS ON THE SEVERE WEATHER EMERGENCY RESPONSE PLAN.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.