STATE OF NEW YORK ________________________________________________________________________ 8695 IN SENATE March 1, 2024 ___________ Introduced by Sen. CLEARE -- 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 and the public authorities law, in relation to requiring electric companies to provide alternative measures to ensure customers are able to maintain their health and well-being during power outages The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (iii) of paragraph (a) of subdivision 21 of 2 section 66 of the public service law, as separately amended by chapters 3 395 and 743 of the laws of 2022 and chapter 38 of the laws of 2023, is 4 amended to read as follows: 5 (iii) identification of and outreach plans to customers who had docu- 6 mented their need for essential electricity for medical needs, which 7 shall include but not be limited to, apnea monitors for infants, cuirass 8 respirators, hemodialysis machines, IV feeding machines, IV medical 9 infusion machines, oxygen concentrators, positive pressure respirators, 10 respirator/ventilators, rocking bed respirators, suction machines, and 11 tank type respirators. Such outreach plans shall include provisions 12 regarding how such customers will be provided with alternative measures 13 to ensure their health and well-being if power cannot adequately be 14 provided. Such provisions shall include providing electric generators or 15 lodging for the individual requiring such essential electricity for 16 medical needs and shall also include transportation of medical devices, 17 as needed. Such provisions shall also specify that any cost incurred by 18 an electric company in providing such alternative measures shall not be 19 borne by rate payers; 20 § 2. Paragraph 1 of subdivision (cc) of section 1020-f of the public 21 authorities law, as separately amended by chapter 395 of the laws of 22 2022 and chapter 38 of the laws of 2023, is amended to read as follows: 23 1. The service provider shall, in consultation with the authority, 24 prepare and maintain an emergency response plan (i) to assure the 25 reasonably prompt restoration of service in the case of an emergency EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01666-05-4S. 8695 2 1 event, defined for purposes of this subdivision as an event where wide- 2 spread outages have occurred in the authority's service territory due to 3 a storm or other causes beyond the control of the authority and the 4 service provider, (ii) consistent with the requirements of paragraph (a) 5 of subdivision twenty-one of section sixty-six of the public service law 6 and any regulations and orders adopted thereto, and (iii) establishing 7 the separate responsibilities of the authority and service provider. 8 Such emergency response plan shall include plans setting forth how the 9 communication and coordination of efforts between the authority, service 10 provider, authority employees, service provider employees, authority 11 company crews, service provider company crews, mutual aid crews, other 12 utilities, local governments and any service provider or other entity 13 performing services to assist the authority shall occur. Such emergency 14 response plan shall include identification of and outreach plans for 15 customers who have documented their need for essential electricity for 16 medical needs, which shall include but not be limited to, apnea monitors 17 for infants, cuirass respirators, hemodialysis machines, intravenous 18 feeding machines, intravenous medical infusion machines, oxygen concen- 19 trators, positive pressure respirators, respirators/ventilators, rocking 20 bed respirators, suction machines, and tank type respirators. Such 21 outreach plans shall also include provisions regarding how customers 22 will be provided with alternative measures to ensure their health and 23 well-being if power cannot adequately be provided. Such provisions shall 24 include providing electric generators or lodging for any individual 25 requiring essential electricity for medical needs and shall also include 26 transportation of medical devices, as needed. 27 § 3. This act shall take effect immediately.