S T A T E   O F   N E W   Y O R K
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                                  968--A
     Cal. No. 520
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03823-03-2
 S. 968--A                           2

 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
 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
 S. 968--A                           3
 
 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;
 (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
 S. 968--A                           4
 
 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.
   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.