S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8844
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT  directing  the  division  of  homeland  security  and  emergency
   services  to  conduct a study on the public safety implications of the
   electrification of buildings and  the  transportation  sector  in  the
   context  of  emergency response in adverse conditions; exempting emer-
   gency services vehicles and heavy equipment from the  requirements  of
   the  climate  leadership  and  community  protection  act of 2019; and
   prohibiting the use of battery packs which contain cobalt mined compo-
   nents for primary propulsion of emergency services vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The legislature finds that, since the
 passage of the Climate Leadership and Community Protection Act  in  2019
 and  the  release of the New York Climate Action Council's Final Scoping
 Plan in 2022, insufficient attention has been devoted to rigorous  exam-
 ination  of  the  consequences of New York's building and transportation
 electrification mandates on all aspects of emergency response, especial-
 ly during power outages, storms and other adverse  and  dangerous  situ-
 ations.
   The legislature further finds and contends that relying on a function-
 ing  electrical  grid  to power the vehicles and other equipment used to
 prepare for, and respond to, emergency situations may lead to  an  unac-
 ceptable  loss  of  tactical and operational flexibility, when emergency
 services are called upon, as these vehicles and other pieces  of  equip-
 ment  are  most  likely  to be called upon during adverse weather events
 when a local or regional electrical grid may not be functional or  reli-
 able  enough to enable its use to charge and recharge such assets. Emer-
 gency response vehicles, generators, and other tools and assets used  in
 emergency  situations are currently able to function in the absence of a
 reliable source of electricity through the use of  fossil  fuels,  which
 may  be carried in portable containers as the need arises; removing such
 a capability via legislative mandate, without known  resilient  alterna-
 tives,  would, in all likelihood, subject New Yorkers to an unacceptable
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13998-01-4
 A. 8844                             2
 
 level of risk during storms, power outages  and  other  dangerous  situ-
 ations.
   In  order  to  properly assess the risks that the State's building and
 transportation electrification efforts  present  to  emergency  response
 plans, personnel and equipment, the legislature hereby directs the divi-
 sion  of  homeland security and emergency services to conduct a study on
 the public safety implications of the electrification of  buildings  and
 the  transportation  sector  in  the  context  of  emergency response in
 adverse conditions and to promulgate rules and regulations necessary for
 effectuating its findings and recommendations.
   § 2. 1. The division of  homeland  security  and  emergency  services,
 within  nine  months  of the effective date of this act, shall conduct a
 study on the public safety implications of the electrification of build-
 ings and the transportation sector in the context of emergency  response
 in  adverse conditions. Such study shall include, but not be limited to,
 the following:
   (a) an assessment of the current state of technology related to build-
 ing and transportation electrification, as of the date of the study, and
 an evaluation of the potential  limitations  that  such  technology  may
 impose on emergency preparedness and response;
   (b) an evaluation of the strengths and weaknesses of heating and cool-
 ing  provided by heat pumps powered by renewable energy systems to emer-
 gency services, particularly  in  the  winter  months,  adverse  weather
 conditions, and power outages;
   (c) an examination of the impact of electrification on the reliability
 of emergency services during the transition to a renewable energy system
 and  a  zero  emissions electric system, pursuant to section 66-p of the
 public service law, considering factors such as load, voltage sags,  and
 mechanisms to maintain reliability when solar and wind resources are not
 generating  power,  especially  during  adverse  weather  events,  power
 outages, and periods of unseasonable heat or unseasonable cold;
   (d) an investigation of the potential hazards and drawbacks  of  elec-
 trifying  emergency vehicles or other heavy equipment used for emergency
 management tasks, with a particular focus on operations in  the  absence
 of  a  functioning  electrical  grid, during power outages, unseasonable
 heat, and in unseasonable cold conditions; and
   (e) an examination of the impact of complying with chapter 106 of  the
 laws  of 2019 on the reliability of the natural gas system and the elec-
 tric system for emergency services in the state  and  their  ability  to
 function during adverse weather events.
   2.  The  division,  along with any retained contractors, shall consult
 with entities possessing resources and expertise to  contribute  to  the
 study.  Such  entities  shall  include,  but are not limited to, vehicle
 manufacturers, HVAC manufacturers and  installers,  engineers,  electric
 corporations,  electricity generating companies, gas corporations, trade
 organizations, and other stakeholders.
   3. The division of homeland  security  and  emergency  services  shall
 consult with, and is authorized to receive any information that is rele-
 vant  and  material to the completion of the study from, the Long Island
 power authority, the power authority of  the  state  of  New  York,  the
 federally  designated  electric  bulk system operator, the department of
 public service, the New  York  state  energy  research  and  development
 authority,  the department of environmental conservation, the department
 of transportation, the office of fire prevention and  control,  and  the
 major  gas  and  electric utilities in the state. Such entities shall be
 consulted by the division and are directed to comply with  any  requests
 A. 8844                             3
 
 of  the  division  necessary  to  complete  the study.   Any information
 received by the division pursuant to this subdivision shall  be  subject
 to  the same requirements for confidentiality and limitations on use, if
 any, as are applicable to the division's use of such information.
   4.  Upon  completion of the study, the division shall prepare a report
 with findings for: the promulgation of rules and  regulations  necessary
 for  effectuating the intent of the findings and recommendations, within
 the authority of existing law,  made  by  the  report;  any  recommended
 future  courses of action, along with recommended legislation for enact-
 ment of such courses of  action;  and  those  issues  requiring  further
 investigation, if any. The division shall submit such report, along with
 the  study,  to  the governor, the speaker of the assembly, the minority
 leader of the assembly, the  temporary  president  of  the  senate,  the
 minority  leader of the senate, the chair of the assembly energy commit-
 tee, the ranking member of the assembly energy committee, the  chair  of
 the  senate  energy and telecommunications committee, the ranking member
 of the senate energy and telecommunications committee, the chair of  the
 assembly  governmental  operations  committee, the ranking member of the
 assembly governmental operations committee,  the  chair  of  the  senate
 governmental  operations  committee,  the  ranking  member of the senate
 governmental operations committee, and the chairs and ranking members of
 both the assembly ways and means and senate finance committees no  later
 than thirty days after the study's completion.
   5. Within ninety days of completion of the report of the study's find-
 ings,  the division shall promulgate rules and regulations necessary for
 effectuating the intent of the recommendations made by the report.
   § 3. Notwithstanding any provision of law or regulation, including but
 not limited to chapter 106 of the laws of 2019, to the  contrary,  emer-
 gency  services vehicles and heavy equipment shall be exempt from all of
 the provisions of chapter 106 of the laws of 2019, including any  recom-
 mendations  put  forth by the Climate Action Council established by that
 chapter, pending the conclusion of the study  and  the  promulgation  of
 associated  rules  and  regulations pursuant to section two of this act.
 For the purposes of this  section,  "emergency  services  vehicles"  are
 defined as in sections 101 and 114-b of the vehicle and traffic law.
   § 4. Notwithstanding any provision of law or regulation, including but
 not limited to sections 101 and 114-b of the vehicle and traffic law, as
 amended  by chapter 496 of the laws of 2021, to the contrary, the use of
 battery packs which  contain  cobalt  mined  components,  or  reasonably
 suspected  of  being mined via child labor, for primary propulsion shall
 be prohibited within any of the vehicles described by sections  101  and
 114-b of the vehicle and traffic law.
   § 5. This act shall take effect immediately.