S T A T E O F N E W Y O R K
________________________________________________________________________
986
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public service law, the public authorities law and
the executive law, in relation to the restoration of electric power
services during a widespread outage; to amend a chapter of the laws of
2022 amending the public service law, the public authorities law and
the executive law relating to requiring electric corporations and the
Long Island power authority service provider to prioritize restoring
services to police departments, fire departments and ambulance
services, when electric services are interrupted, as proposed in
legislative bills numbers S. 926-C and A. 3318-C, in relation to the
effectiveness thereof; and to repeal certain provisions of the execu-
tive law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 73-a of the public service law, as added by a chap-
ter of the laws of 2022 amending the public service law, the public
authorities law and the executive law relating to requiring electric
corporations and the Long Island power authority service provider to
prioritize restoring services to police departments, fire departments,
and ambulance services, when electric services are interrupted, as
proposed in legislative bills numbers S. 926-C and A. 3318-C, is amended
to read as follows:
§ 73-a. Prioritization of emergency services. 1. If, DURING A WIDE-
SPREAD PROLONGED OUTAGE THAT AFFECTS AT LEAST TWENTY THOUSAND CUSTOMERS
IN THE SERVICE TERRITORY OF an electric corporation, AND SUCH CORPO-
RATION is not able to restore electric power services WITHIN TWENTY-FOUR
HOURS to any AFFECTED police department, fire department, [or] ambulance
service [which has a] OR ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE
facility that is prewired with an appropriate transfer switch for using
an alternate generated power source [within twenty-four hours of the
loss or interruption of such electric power services], such electric
corporation shall notify the [local county office of emergency manage-
ment which shall provide for emergency deployment of alternate generated
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04194-01-3
A. 986 2
power sources through a program administered by the division of homeland
security and emergency services to such police department, fire depart-
ment, and/or ambulance service with an alternate generated power source]
VILLAGE, TOWN OR CITY IN WHICH SUCH FACILITY IS LOCATED.
2. [An electric corporation shall not increase charges to any rate
payers to cover any extra costs incurred by such electric corporation as
a result of compliance with subdivision one of this section] TOWNS,
CITIES, AND VILLAGES SHALL PROVIDE TO COUNTIES, AND COUNTIES SHALL, TO
THE EXTENT PRACTICABLE, PROVIDE THE ELECTRIC CORPORATIONS AND THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES WITH A LIST OF SUCH
POLICE DEPARTMENTS, FIRE DEPARTMENTS, AMBULANCE SERVICES AND ADVANCED
LIFE SUPPORT FIRST RESPONSE SERVICES LOCATED WITHIN SUCH MUNICIPALITY'S
TERRITORIAL BOUNDARIES WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION, AND PERIODICALLY THEREAFTER AS NECESSARY TO UPDATE SUCH LIST.
3. For the purposes of this section, "alternate generated power
source" shall mean electric generating equipment that is of the capacity
that is capable of providing adequate electricity to operate all life
safety systems and the basic operations of a police department, fire
department, [or] ambulance service OR ADVANCED LIFE SUPPORT FIRST
RESPONSE SERVICE.
[4. This section shall only apply to police departments, fire depart-
ments, or ambulance services who are registered with the division of
homeland security and emergency services pursuant to article twenty-six
of the executive law.]
§ 2. Section 1020-mm of the public authorities law, as added by a
chapter of the laws of 2022 amending the public service law, the public
authorities law and the executive law relating to requiring electric
corporations and the Long Island power authority service provider to
prioritize restoring services to police departments, fire departments,
and ambulance services, when electric services are interrupted, as
proposed in legislative bills numbers S. 926-C and A. 3318-C, is amended
to read as follows:
§ 1020-mm. Prioritization of emergency services. 1. If, DURING A WIDE-
SPREAD PROLONGED OUTAGE THAT AFFECTS AT LEAST TWENTY THOUSAND CUSTOMERS
IN THE SERVICE TERRITORY OF THE AUTHORITY, AND the service provider is
not able to restore electric power services WITHIN TWENTY-FOUR HOURS to
any AFFECTED police department, fire department, [or] ambulance service
OR ADVANCED LIFE SUPPORT FIRST RESPONSE service [which has a] facility
that is prewired with an appropriate transfer switch for using an alter-
nate generated power source [within twenty-four hours of the loss or
interruption of such electric power services], [the] SUCH service
provider shall notify the [local county office of emergency management
which shall provide for emergency deployment of alternate generated
power sources through a program administered by the division of homeland
security and emergency services to such police department, fire depart-
ment, and/or ambulance service with an alternate generated power source]
VILLAGE, TOWN OR CITY IN WHICH SUCH FACILITY IS LOCATED.
2. [The] TOWNS, CITIES, AND VILLAGES SHALL PROVIDE TO COUNTIES, AND
COUNTIES SHALL TO THE EXTENT PRACTICABLE, PROVIDE THE service provider
[shall not increase charges to any rate payers to cover any extra costs
incurred by the service provider as a result of compliance with subdivi-
sion one of this section] AND THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES WITH A LIST OF SUCH POLICE DEPARTMENTS, FIRE DEPART-
MENTS, AMBULANCE SERVICES AND ADVANCED LIFE SUPPORT FIRST RESPONSE
SERVICES LOCATED WITHIN SUCH MUNICIPALITY'S TERRITORIAL BOUNDARIES WITH-
A. 986 3
IN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND PERIODICALLY
THEREAFTER AS NECESSARY TO UPDATE SUCH LIST.
3. For the purposes of this section, "alternate generated power
source" shall mean electric generating equipment that is of the capacity
that is capable of providing adequate electricity to operate all life
safety systems and the basic operations of a police department, fire
department, [or] ambulance service OR ADVANCED LIFE SUPPORT FIRST
RESPONSE SERVICE.
[4. This section shall only apply to police departments, fire depart-
ments, or ambulance services who are registered with the division of
homeland security and emergency services pursuant to article twenty-six
of the executive law.]
§ 3. Paragraph (v) of subdivision 2 of section 709 of the executive
law, as added by a chapter of the laws of 2022 amending the public
service law, the public authorities law and the executive law relating
to requiring electric corporations and the Long Island power authority
service provider to prioritize restoring services to police departments,
fire departments, and ambulance services, when electric services are
interrupted, as proposed in legislative bills numbers S. 926-C and A.
3318-C, is REPEALED.
§ 4. Section 24 of the executive law is amended by adding a new subdi-
vision 9 to read as follows:
9. A. WHENEVER A LOCAL STATE OF EMERGENCY IS DECLARED PURSUANT TO THIS
SECTION AND UPON RECEIPT OF NOTIFICATION BY AN ELECTRIC CORPORATION OR
THE SERVICE PROVIDER, PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC
SERVICE LAW OR SECTION ONE THOUSAND TWENTY-MM OF THE PUBLIC AUTHORITIES
LAW, THE CHIEF EXECUTIVE SHALL COORDINATE WITH AFFECTED POLICE DEPART-
MENTS, FIRE DEPARTMENTS, AMBULANCE SERVICES AND ADVANCED LIFE SUPPORT
FIRST RESPONSE SERVICES PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH FOR
USING AN ALTERNATE GENERATED POWER SOURCE FOR THE EMERGENCY DEPLOYMENT
OF ALTERNATE GENERATED POWER SOURCES.
B. FOR THE PURPOSES OF THIS SECTION, "ALTERNATE GENERATED POWER
SOURCE" SHALL MEAN ELECTRIC GENERATING EQUIPMENT THAT IS OF THE CAPACITY
THAT IS CAPABLE OF PROVIDING ADEQUATE ELECTRICITY TO OPERATE ALL LIFE
SAFETY SYSTEMS AND THE BASIC OPERATIONS OF A POLICE DEPARTMENT, FIRE
DEPARTMENT, AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT FIRST RESPONSE
SERVICE.
§ 5. Section 4 of a chapter of the laws of 2022 amending the public
service law, the public authorities law and the executive law relating
to requiring electric corporations and the Long Island power authority
service provider to prioritize restoring services to police departments,
fire departments, and ambulance services, when electric services are
interrupted, as proposed in legislative bills numbers S. 926-C and A.
3318-C, is amended to read as follows:
§ 4. This act shall take effect [immediately] ONE YEAR AFTER IT SHALL
HAVE BECOME A LAW.
§ 6. This act shall take effect immediately; provided, however, that
sections one, two, three and four of this act shall take effect on the
same date and in the same manner as a chapter of the laws of 2022 amend-
ing the public service law, the public authorities law and the executive
law relating to requiring electric corporations and the Long Island
power authority service provider to prioritize restoring services to
police departments, fire departments, and ambulance services, when elec-
tric services are interrupted, as proposed in legislative bills numbers
S. 926-C and A. 3318-C, takes effect.