S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2224
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 2224                             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-
 S. 2224                             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.