NY State Senate Bill 2023-S5600A

Senate Bill S5600A

2023-2024 Legislative Session

Relates to the contents of emergency response plans required to be submitted to the public service commission by electric corporations

download bill text pdf

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2024	print number 5600a
Mar 26, 2024	amend and recommit to energy and telecommunications
Jan 03, 2024	referred to energy and telecommunications
Mar 08, 2023	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2023-S5600 - Details

See Assembly Version of this Bill:: A7166
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8932
2021-2022: S4030, A7541

2023-S5600 - Summary

Relates to the contents of emergency response plans required to be submitted to the public service commission by electric corporations; requires such plans to include details of staffing, equipment, and ability to perform toward certain standards; requires the public service commission to establish a time-based restoration schedule.

2023-S5600 - Sponsor Memo

                                 
BILL NUMBER: S5600

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to the contents of
emergency response plans required to be submitted to the public service
commission by electric corporations

 
PURPOSE OR GENERAL IDEA OF BILL:

Amends the public service law to support reasonably prompt restoration
of electrical service in the case of an emergency event. These response
plans should include details of staffing, equipment and a performance
schedule with the goal of achieving restoration of service based upon a
time-based restoration schedule established by the Public Service
Commission, utilizing benchmarks including, but not limited to, the
percentage of customers restored within each twenty-four hour interval
following the storm event.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 21 of section 66 of the
public service law, as added by section 4 of part X of chapter 57 of the
laws of 2013, to support reasonably prompt restoration of service in the
case of an emergency event. This is accomplished by requiring that emer-
gency response plans should include details of staffing, equipment and a
performance schedule with the goal of achieving restoration of service
based upon a time-based restoration schedule established by the commis-
sion. In establishing such time-based restoration schedules, the commis-
sion should utilize benchmarks for the restoration of service which
include, but are not limited to, the percentage of customers restored
within each twenty-four-hour interval following the storm and consider-
ation of different kinds of storm events.

Section 2 establishes that this act shall take effect immediately.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

n/a

 
JUSTIFICATION:

In 2013 the Governor and Legislature enacted strong measures in the
public service law to improve planning and oversight or storm prepared-
ness and response for electrical utility corporations. In 2019 the PSC
issued a report, "2018 WINTER AND SPRING STORMS INVESTIGATION - Case
19-M-0285" in response to failures in utility company storm preparedness
and response in 2018. In addition to.directives and recommendations in
that report the PSC also upgraded store-preparedness regulatory require-
ments for utilities after the 2018 storms.

This legislation builds upon those initiatives by connecting the emer-
gency response planning process with time restoration goals to be estab-
lished by the Public Service Commission. It will help utilities achieve
the goal of "reasonably prompt restoration of service" already outlined
in the existing statute by encouraging the emergency response plans to
ensure the utilities emergency plans include resources, staffing and an
ability to restore within a reasonable timetable.
Prior to and after Superstorm Sandy, outage periods have grown as utili-
ty companies become more dependent on mutual aid from other parts of the
country instead of maintaining the practice of having sufficient local
resources and manpower to address these emergencies.  Emergency response
plans acknowledge this and strike a balance between the arrival of mutu-
al aid and a utility corporation's responsibility to have local
resources and staffing available to restore service within a reasonable
period of time after a major storm event. Incorporating time-based
restoration goals will help in achieving reasonably prompt restoration
of service.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S4030A

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5600 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5600
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 the contents of
   emergency response plans  required  to  be  submitted  to  the  public
   service commission by electric corporations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 21 of section 66 of the public
 service law, as separately amended by chapters 395 and 743 of  the  laws
 of  2022,  subparagraph  (iii) of paragraph (a) as separately amended by
 chapter 727 of the laws of 2022, is amended to read as follows:
   (a) Each electric corporation subject to section twenty-five-a of this
 chapter shall annually, on or before December fifteenth, submit  to  the
 commission an emergency response plan for review and approval. The emer-
 gency response plan shall be designed for the reasonably prompt restora-
 tion  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 service territory of the company due to storms, cyber attack, or
 other causes beyond the control of the company.   TO SUPPORT  REASONABLY
 PROMPT  RESTORATION  OF SERVICE IN THE CASE OF AN EMERGENCY EVENT, EMER-
 GENCY RESPONSE PLANS SHOULD INCLUDE DETAILS OF STAFFING, EQUIPMENT AND A
 PERFORMANCE SCHEDULE WITH THE GOAL OF ACHIEVING RESTORATION  OF  SERVICE
 BASED  UPON A TIME-BASED RESTORATION SCHEDULE ESTABLISHED BY THE COMMIS-
 SION. IN ESTABLISHING SUCH TIME-BASED RESTORATION SCHEDULES, THE COMMIS-
 SION SHOULD UTILIZE BENCHMARKS FOR  THE  RESTORATION  OF  SERVICE  WHICH
 INCLUDE,  BUT  ARE  NOT LIMITED TO, THE PERCENTAGE OF CUSTOMERS RESTORED
 WITHIN EACH TWENTY-FOUR-HOUR INTERVAL FOLLOWING THE STORM AND  CONSIDER-
 ATION  OF  DIFFERENT  KINDS OF STORM EVENTS. The emergency response plan
 shall include, but need not be limited to, the following:  (i) the iden-
 tification of management staff responsible for company operations during
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03764-01-3

 S. 5600                             2
 
 an emergency; (ii) a communications  system  with  customers  during  an
 emergency  that extends beyond normal business hours and business condi-
 tions; (iii) identification of and outreach plans to customers  who  had
 documented their need for essential electricity for medical needs, which
 shall include but not be limited to, apnea monitors for infants, cuirass
 respirators,  hemodialysis  machines,  IV  feeding  machines, IV medical
 infusion machines, oxygen concentrators, positive pressure  respirators,
 respirator/ventilators,  rocking bed respirators, suction machines, tank
 type respirators, as well as any medical equipment or  equipment  neces-
 sary  for  an  individual  whose diagnosis is likely to be significantly
 triggered or significantly exacerbated by a continued loss of power that
 will adversely impact that individual's health; (iv)  identification  of
 and outreach plans to customers who had documented their need for essen-
 tial electricity to provide critical telecommunications, critical trans-
 portation,  critical  fuel  distribution  services  or  other large-load
 customers identified by the commission; (v) designation of company staff
 to communicate with local officials and appropriate regulatory agencies;
 (vi) provisions regarding how the company will assure the safety of  its
 employees  and  contractors;  (vii) procedures for deploying company 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 equipment; (x) procedures  to
 practice  the  emergency  response plan; (xi) appropriate safety precau-
 tions regarding electrical hazards, including plans to  promptly  secure
 downed  wires within thirty-six hours of notification of the location of
 such downed wires from  a  municipal  emergency  official;  (xii)  plans
 setting  forth how the communication and coordination of efforts between
 the  electric  corporation,  electric  corporation  employees,  electric
 corporation  company  crews,  mutual  aid  crews, other utilities, local
 governments and any other entity  performing  services  to  assist  such
 electric  corporation  shall  occur;  and  (xiii)  such other additional
 information as the commission may require.  Each such corporation shall,
 on an annual basis, undertake drills implementing procedures to practice
 its emergency management  plan.  The  commission  may  adopt  additional
 requirements  consistent with ensuring the reasonably prompt restoration
 of service in the case of an emergency event.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 743 of the laws of 2022, takes effect.

2023-S5600A (ACTIVE) - Details

See Assembly Version of this Bill:: A7166
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8932
2021-2022: S4030, A7541

2023-S5600A (ACTIVE) - Summary

2023-S5600A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5600A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to the contents of
emergency response plans required to be submitted to the public service
commission by electric corporations

 
PURPOSE OR GENERAL IDEA OF BILL:

Amends the public service law to support reasonably prompt restoration
of electrical service in the case of an emergency event. These response
plans should include details of staffing, equipment and a performance
schedule with the goal of achieving restoration of service based upon a
time-based restoration schedule established by the Public Service
Commission, utilizing benchmarks including, but not limited to, the
percentage of customers restored within each twenty-four hour interval
following the storm event.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 21 of section 66 of the
public service law, as added by section 4 of part X of chapter 57 of the
laws of 2013, to support reasonably prompt restoration of service in the
case of an emergency event. This is accomplished by requiring that emer-
gency response plans should include details of staffing, equipment and a
performance schedule with the goal of achieving restoration of service
based upon a time-based restoration schedule established by the commis-
sion. In establishing such time-based restoration schedules, the commis-
sion should utilize benchmarks for the restoration of service which
include, but are not limited to, the percentage of customers restored
within each twenty-four-hour interval following the storm and consider-
ation of different kinds of storm events.

Section 2 establishes that this act shall take effect immediately.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Technical Amendments

 
JUSTIFICATION:

In 2013 the Governor and Legislature enacted strong measures in the
public service law to improve planning and oversight of storm prepared-
ness and response for electrical utility. corporations. In 2019 the PSC
issued a report, "2018 WINTER AND SPRING STORMS INVESTIGATION - Case
19-M-0285" in response to failures in utility company storm preparedness
and response in 2018. In addition to directives and recommendations in
that report the PSC also upgraded storm preparedness regulatory require-
ments for utilities after the 2018 storms. This legislation builds upon
those initiatives by connecting the emergency response planning process
with time restoration goals to be established by the Public Service
Commission. It will help utilities achieve the goal of "reasonably
prompt restoration of service" already outlined in the existing statute
by encouraging the emergency response plans to ensure the utilities
emergency plans include resources, staffing and an ability to restore
within a reasonable timetable.

Prior to and after Superstorm Sandy, outage periods have grown as utili-
ty companies become more dependent on mutual aid from other parts of the
country instead of maintaining the practice of having sufficient local
resources and manpower to address these emergencies.  Emergency response
plans acknowledge this and strike a balance between the arrival of mutu-
al aid and a utility corporation's responsibility to have local
resources and staffing available to restore service within a reasonable
period of time after a major storm event. Incorporating time-based
restoration goals will help in achieving reasonably prompt restoration
of service.

 
PRIOR LEGISLATIVE HISTORY:

A75541/54030-A (Otis/COMRIE) passed assembly/REFERRED TO ENERGY AND
TELECOMMUNICATIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5600A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5600--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  recommitted  to  the Committee on Energy and Telecommuni-
   cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the public service law, in relation to the contents of
   emergency response plans  required  to  be  submitted  to  the  public
   service commission by electric corporations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 21 of section 66 of the public
 service law, as separately amended by chapters 395 and 743 of  the  laws
 of  2022,  subparagraph  (iii) of paragraph (a) as separately amended by
 chapter 38 of the laws of 2023 and subparagraph (xi) of paragraph (a) as
 separately amended by chapter 743 of the laws of 2022 and chapter 673 of
 the laws of 2023, is amended to read as follows:
   (a) Each electric corporation subject to section twenty-five-a of this
 chapter shall annually, on or before December fifteenth, submit  to  the
 commission an emergency response plan for review and approval. The emer-
 gency response plan shall be designed for the reasonably prompt restora-
 tion  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 service territory of the company due to storms, cyber attack, or
 other causes beyond the control of the company.  TO  SUPPORT  REASONABLY
 PROMPT  RESTORATION  OF SERVICE IN THE CASE OF AN EMERGENCY EVENT, EMER-
 GENCY RESPONSE PLANS SHOULD INCLUDE DETAILS OF STAFFING, EQUIPMENT AND A
 PERFORMANCE SCHEDULE WITH THE GOAL OF ACHIEVING RESTORATION  OF  SERVICE
 BASED  UPON A TIME-BASED RESTORATION SCHEDULE ESTABLISHED BY THE COMMIS-
 SION. IN ESTABLISHING SUCH TIME-BASED RESTORATION SCHEDULES, THE COMMIS-
 SION SHOULD UTILIZE BENCHMARKS FOR  THE  RESTORATION  OF  SERVICE  WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03764-04-4

 S. 5600--A                          2
 
 INCLUDE,  BUT  ARE  NOT LIMITED TO, THE PERCENTAGE OF CUSTOMERS RESTORED
 WITHIN EACH TWENTY-FOUR-HOUR INTERVAL FOLLOWING THE STORM AND  CONSIDER-
 ATION  OF  DIFFERENT  KINDS OF STORM EVENTS. The emergency response plan
 shall include, but need not be limited to, the following:  (i) the iden-
 tification of management staff responsible for company operations during
 an  emergency;  (ii)  a  communications  system with customers during an
 emergency that extends beyond normal business hours and business  condi-
 tions;  (iii)  identification of and outreach plans to customers who had
 documented their need for essential electricity for medical needs, which
 shall include but not be limited to, apnea monitors for infants, cuirass
 respirators, hemodialysis machines,  IV  feeding  machines,  IV  medical
 infusion  machines, oxygen concentrators, positive pressure respirators,
 respirator/ventilators, rocking bed respirators, suction  machines,  and
 tank  type  respirators;  (iv)  identification  of and outreach plans to
 customers who had documented their need  for  essential  electricity  to
 provide  critical  telecommunications, critical transportation, critical
 fuel distribution services or other large-load customers  identified  by
 the  commission;  (v)  designation  of company staff to communicate with
 local officials and appropriate  regulatory  agencies;  (vi)  provisions
 regarding  how  the  company will assure the safety of its employees and
 contractors; (vii) procedures for deploying company 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 equipment; (x) procedures to practice the  emer-
 gency response plan; (xi) appropriate safety precautions regarding elec-
 trical  hazards,  including plans to promptly secure downed wires within
 thirty-six hours of notification of the location of  such  downed  wires
 from  a  municipal emergency official or individual; (xii) plans setting
 forth how the communication and  coordination  of  efforts  between  the
 electric  corporation,  electric  corporation employees, electric corpo-
 ration company crews, mutual aid crews, other utilities,  local  govern-
 ments  and  any other entity performing services to assist such electric
 corporation shall occur; and (xiii) such other additional information as
 the commission may require.  Each such corporation shall, on  an  annual
 basis, undertake drills implementing procedures to practice its emergen-
 cy  management  plan.  The  commission may adopt additional requirements
 consistent with ensuring the reasonably prompt restoration of service in
 the case of an emergency event.
   § 2. This act shall take effect immediately.

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