Bill Text: NY A07166 | 2023-2024 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed) 2024-03-27 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [A07166 Detail]

Download: New_York-2023-A07166-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7166--A
                                                                Cal. No. 200

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2023
                                       ___________

        Introduced  by M. of A. OTIS, BURDICK, PAULIN, ROZIC, SAYEGH, SEAWRIGHT,
          SIMON, THIELE, ZEBROWSKI, JACOBSON, SHIMSKY -- read once and  referred
          to  the Committee on Energy -- ordered to a third reading, amended and
          ordered reprinted, retaining its place on the order of third reading

        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:

     1    Section 1. Paragraph (a) of subdivision 21 of section 66 of the public
     2  service  law,  as separately amended by chapters 395 and 743 of the laws
     3  of 2022, subparagraph (iii) of paragraph (a) as  separately  amended  by
     4  chapter 38 of the laws of 2023 and subparagraph (xi) of paragraph (a) as
     5  separately amended by chapter 743 of the laws of 2022 and chapter 673 of
     6  the laws of 2023, is amended to read as follows:
     7    (a) Each electric corporation subject to section twenty-five-a of this
     8  chapter  shall  annually, on or before December fifteenth, submit to the
     9  commission an emergency response plan for review and approval. The emer-
    10  gency response plan shall be designed for the reasonably prompt restora-
    11  tion of service in the case of an emergency event, defined for  purposes
    12  of  this  subdivision as an event where widespread outages have occurred
    13  in the service territory of the company due to storms, cyber attack,  or
    14  other  causes  beyond  the control of the company. To support reasonably
    15  prompt restoration of service in the case of an emergency  event,  emer-
    16  gency response plans should include details of staffing, equipment and a
    17  performance  schedule  with the goal of achieving restoration of service
    18  based upon a time-based restoration schedule established by the  commis-
    19  sion. In establishing such time-based restoration schedules, the commis-
    20  sion  should  utilize  benchmarks  for  the restoration of service which
    21  include, but are not limited to, the percentage  of  customers  restored
    22  within  each twenty-four-hour interval following the storm and consider-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03764-03-4

        A. 7166--A                          2

     1  ation of different kinds of storm events. The  emergency  response  plan
     2  shall include, but need not be limited to, the following:  (i) the iden-
     3  tification of management staff responsible for company operations during
     4  an  emergency;  (ii)  a  communications  system with customers during an
     5  emergency that extends beyond normal business hours and business  condi-
     6  tions;  (iii)  identification of and outreach plans to customers who had
     7  documented their need for essential electricity for medical needs, which
     8  shall include but not be limited to, apnea monitors for infants, cuirass
     9  respirators, hemodialysis machines,  IV  feeding  machines,  IV  medical
    10  infusion  machines, oxygen concentrators, positive pressure respirators,
    11  respirator/ventilators, rocking bed respirators, suction  machines,  and
    12  tank  type  respirators;  (iv)  identification  of and outreach plans to
    13  customers who had documented their need  for  essential  electricity  to
    14  provide  critical  telecommunications, critical transportation, critical
    15  fuel distribution services or other large-load customers  identified  by
    16  the  commission;  (v)  designation  of company staff to communicate with
    17  local officials and appropriate  regulatory  agencies;  (vi)  provisions
    18  regarding  how  the  company will assure the safety of its employees and
    19  contractors; (vii) procedures for deploying company and mutual aid crews
    20  to work assignment areas; (viii) identification of  additional  supplies
    21  and  equipment  needed  during an emergency; (ix) the means of obtaining
    22  additional supplies and equipment; (x) procedures to practice the  emer-
    23  gency response plan; (xi) appropriate safety precautions regarding elec-
    24  trical  hazards,  including plans to promptly secure downed wires within
    25  thirty-six hours of notification of the location of  such  downed  wires
    26  from  a  municipal emergency official or individual; (xii) plans setting
    27  forth how the communication and  coordination  of  efforts  between  the
    28  electric  corporation,  electric  corporation employees, electric corpo-
    29  ration company crews, mutual aid crews, other utilities,  local  govern-
    30  ments  and  any other entity performing services to assist such electric
    31  corporation shall occur; and (xiii) such other additional information as
    32  the commission may require.  Each such corporation shall, on  an  annual
    33  basis, undertake drills implementing procedures to practice its emergen-
    34  cy  management  plan.  The  commission may adopt additional requirements
    35  consistent with ensuring the reasonably prompt restoration of service in
    36  the case of an emergency event.
    37    § 2. This act shall take effect immediately.
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