Bill Text: NY A10947 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires service providers to annually submit an emergency response plan to the public service commission for review; authorizes the public service commission to require the service provider amend the plan and authorizes the commission to open an investigation to review the performance of service providers in meeting the requirements of the emergency response plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-08-17 - referred to corporations, authorities and commissions [A10947 Detail]
Download: New_York-2019-A10947-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10947 IN ASSEMBLY August 17, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Thiele) -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to requiring service providers to annually submit emergency response plans to the public service commission The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (cc) of section 1020-f of the public authori- 2 ties law, as added by section 7 of part A of chapter 173 of the laws of 3 2013, is amended to read as follows: 4 (cc) To prepare an emergency response plan pursuant to this subdivi- 5 sion. 1. The service provider shall, in consultation with the authority, 6 prepare and maintain an emergency response plan [(i) to assure the7reasonably prompt restoration of service in the case of an emergency8event, defined for purposes of this subdivision as an event where wide-9spread outages have occurred in the authority's service territory due to10a storm or other causes beyond the control of the authority and the11service provider, (ii) consistent with the requirements of paragraph (a)12of subdivision twenty-one of section sixty-six of the public service law13and any regulations and orders adopted thereto, and (iii) establishing14the separate responsibilities of the authority and service provider.152. On or before February third, two thousand fourteen, the authority16and service provider shall submit an emergency response plan to the17department of public service for review. Contemporaneously with such18submission, the authority shall provide notice of such proposed plan to19the secretary of state for publication in the state register, the20authority and service provider each shall post such plan on their21websites and otherwise make such plan available for review in-person,22and afford members of the public an opportunity to submit written23comments and oral comments pursuant to at least one hearing to be held24each in the county of Suffolk and the county of Nassau. Such written25comments must be submitted by March fourteenth, two thousand fourteen.26The authority and service provider shall provide a copy of all writtenEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17108-03-0A. 10947 2 1comments they receive and a transcript of such public hearings to the2department of public service for its consideration in reviewing the3emergency response plan. The department shall provide any recommenda-4tions to the authority and service provider with respect to such plan on5or before April fifteenth, two thousand fourteen. Such plan must be made6final by June second, two thousand fourteen. For each year thereafter,7the service provider shall submit an emergency response plan to the8department of public service, and such department shall provide its9recommendations, in accordance with a schedule to be established by such10department and that is consistent with the schedule associated with such11department's review of similar such plans provided by electric corpo-12rations pursuant to subdivision twenty-one of section sixty-six of the13public service law.143. By June second, two thousand fourteen, and by June first annually15thereafter, the authority and service provider shall jointly certify to16the department of homeland security and emergency services that the17emergency response plan ensures, to the greatest extent feasible, the18timely and safe restoration of energy services after an emergency19consistent with the requirements of paragraph (a) of subdivision twen-20ty-one of the public service law and the department's recommendations.21The filing of such emergency response plan shall also include a copy of22all written mutual assistance agreements among utilities. The authority23and service provider shall file with the county executives of Nassau and24Suffolk county and the mayor of the city of New York the most recent25version of the emergency response plan, and make sure that such amended26versions are timely filed.274. Starting in calendar year two thousand fourteen, the service28provider annually shall undertake at least one drill to implement proce-29dures to practice its emergency response plan. The service provider30shall notify and allow participation in such drill of all appropriate31municipal emergency responders and officials]. 32 [5.] The plan shall be submitted to the public service commission 33 annually on or before December fifteenth for review and approval. The 34 emergency response plan shall be designed for the reasonably prompt 35 restoration of service in the case of an emergency event, defined for 36 purposes of this subdivision as an event where widespread outages have 37 occurred in the authority's service territory of the service provider 38 due to storms or other causes beyond the control of the service provid- 39 er. The emergency response plan shall include, but need not be limited 40 to, the following: (i) the identification of management staff responsi- 41 ble for the service provider's operations during an emergency; (ii) a 42 communications system with customers during an emergency that extends 43 beyond normal business hours and business conditions; (iii) identifica- 44 tion of and outreach plans to customers who had documented their need 45 for essential electricity for medical needs; (iv) identification of and 46 outreach plans to customers who had documented their need for essential 47 electricity to provide critical telecommunications, critical transporta- 48 tion, critical fuel distribution services or other large-load customers 49 identified by the commission; (v) designation of service provider staff 50 to communicate with local officials and appropriate regulatory agencies; 51 (vi) provisions regarding how the service provider will assure the safe- 52 ty of its employees and contractors; (vii) procedures for deploying 53 service provider and mutual aid crews to work assignment areas; (viii) 54 identification of additional supplies and equipment needed during an 55 emergency; (ix) the means of obtaining additional supplies and equip- 56 ment; (x) procedures to practice the emergency response plan; (xi)A. 10947 3 1 appropriate safety precautions regarding electrical hazards, including 2 plans to promptly secure downed wires within thirty-six hours of notifi- 3 cation of the location of such downed wires from a municipal emergency 4 official; (xii) establishing the separate responsibilities of the 5 authority and service provider; and (xiii) such other additional infor- 6 mation as the commission may require. Such emergency plan shall be 7 consistent with any regulations and orders adopted hereto. Each such 8 service provider shall, on an annual basis, undertake drills implement- 9 ing procedures to practice its emergency management plan. The service 10 provider shall notify and allow participation in such drill of all 11 appropriate municipal emergency responders and officials. The commission 12 may adopt additional requirements consistent with ensuring the reason- 13 ably prompt restoration of service in the case of an emergency event. 14 2. After review of a service provider's emergency response plan, the 15 commission may require such service provider to amend the plan. The 16 commission may also open an investigation of the service provider's plan 17 to determine its sufficiency to respond adequately to an emergency 18 event. If, after hearings, the commission finds a material deficiency 19 in the plan, it may order the service provider to make such modifica- 20 tions that it deems reasonably necessary to remedy the deficiency. 21 3. The commission is authorized to open an investigation to review the 22 performance of any service provider in restoring service or otherwise 23 meeting the requirements of the emergency response plan during an emer- 24 gency event. If, after evidentiary hearings or other investigatory 25 proceedings, the commission finds that the service provider failed to 26 reasonably implement its emergency response plan or the length of such 27 service provider's outages were materially longer than they would have 28 been, because of such service provider's failure to reasonably implement 29 its emergency response plan, the commission may deny the recovery of any 30 part of the service restoration costs caused by such failure, commensu- 31 rate with the degree and impact of the service outage; provided, howev- 32 er, that nothing herein limits the commission's authority to otherwise 33 commence a proceeding pursuant to sections twenty-four, twenty-five and 34 twenty-five-a of the public service law, provided such action or penalty 35 solely relates to the service provider's performance under the require- 36 ments of the service provider's emergency response plan. 37 4. The commission shall certify to the department of homeland security 38 and emergency services that each such service provider's emergency 39 response plan is sufficient to ensure to the greatest extent feasible 40 the timely and safe restoration of energy services after an emergency in 41 compliance with the requirements of this chapter. 42 5. The filing of each emergency response plan required under paragraph 43 one of this subdivision shall also include a copy of all written mutual 44 assistance agreements among utilities. 45 6. The authority and service provider shall file with the county exec- 46 utives of Nassau and Suffolk counties and the mayor of the city of New 47 York the most recent approved copy of the emergency response plan 48 required pursuant to this section. 49 7. The commission shall provide access to such emergency response plan 50 pursuant to article six of the public officers law. 51 8. If, during an emergency event, electric service is not restored in 52 three days, the service provider shall within sixty days from the date 53 of full restoration file with the department a report constituting a 54 review of all aspects of the preparation and system restoration perform- 55 ance during the event[, and shall thereafter take into consideration any56recommendations made by the department associated with such review].A. 10947 4 1 Recommendations made by the department associated with such review shall 2 be promptly forwarded to the commission. 3 § 2. Subdivision 1 of section 1020-s of the public authorities law, as 4 amended by chapter 415 of the laws of 2017, is amended to read as 5 follows: 6 1. The rates, services and practices relating to the electricity 7 generated by facilities owned or operated by the authority shall not be 8 subject to the provisions of the public service law or to regulation by, 9 or the jurisdiction of, the public service commission, except to the 10 extent (a) article seven of the public service law applies to the siting 11 and operation of a major utility transmission facility as defined there- 12 in, (b) article ten of such law applies to the siting of a generating 13 facility as defined therein, (c) section eighteen-a of such law provides 14 for assessment for certain costs, property or operations, (d) to the 15 extent that the department of public service reviews and makes recommen- 16 dations with respect to the operations and provision of services of, and 17 rates and budgets established by, the authority pursuant to section 18 three-b of such law, [and] (e) that section seventy-four of the public 19 service law applies to qualified energy storage systems within the 20 authority's jurisdiction, and (f) that all emergency management plans 21 shall be subject to review, approval and enforcement by the commission 22 pursuant to subdivision (cc) of section one thousand twenty-f of this 23 title, including but not limited to penalties and remedies provided for 24 such violations in sections twenty-four, twenty-five and twenty-five-a 25 of the public service law. 26 § 3. This act shall take effect immediately.
