Bill Text: NY S08982 | 2019-2020 | General Assembly | Introduced
Bill Title: Expands the types of entities required to prepare and submit an emergency response plan.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-09-16 - REFERRED TO RULES [S08982 Detail]
Download: New_York-2019-S08982-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8982 IN SENATE September 16, 2020 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public service law, in relation to expanding the types of entities required to prepare and submit an emergency response plan The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 94 of the public service law is amended by adding a 2 new subdivision 5 to read as follows: 3 5. (a) Each corporation subject to this article shall annually, on or 4 before December fifteenth, submit to the commission an emergency 5 response plan for review and approval. The emergency response plan 6 shall be designed for the reasonably prompt restoration of service in 7 the case of an emergency event, defined for purposes of this subdivision 8 as an event where widespread outages have occurred in the service terri- 9 tory of the company due to storms or other causes beyond the control of 10 the company. The emergency response plan shall include, but need not be 11 limited to, the following: (i) the identification of management staff 12 responsible for company operations during an emergency; (ii) a communi- 13 cations system with customers during an emergency that extends beyond 14 normal business hours and business conditions; (iii) designation of 15 company staff to communicate with local officials and appropriate regu- 16 latory agencies; (iv) provisions regarding how the company will assure 17 the safety of its employees and contractors; (v) procedures for deploy- 18 ing personnel crews to work assignment areas; (vi) identification of 19 additional supplies and equipment needed during an emergency; (vii) the 20 means of obtaining additional supplies and equipment; (viii) procedures 21 to practice the emergency response plan; and (ix) such other additional 22 information as the commission may require. Each such corporation shall, 23 on an annual basis, undertake drills implementing procedures to practice 24 its emergency management plan. The commission may adopt additional 25 requirements consistent with ensuring the reasonably prompt restoration 26 of service in the case of an emergency event. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17235-04-0S. 8982 2 1 (b) After review of a corporation's emergency response plan, the 2 commission may require such corporation to amend the plan. The commis- 3 sion may also open an investigation of the corporation's plan to deter- 4 mine its sufficiency to respond adequately to an emergency event. If, 5 after hearings, the commission finds a material deficiency in the plan, 6 it may order the company to make such modifications that it deems 7 reasonably necessary to remedy the deficiency. 8 (c) The commission is authorized to open an investigation to review 9 the performance of any corporation in restoring service or otherwise 10 meeting the requirements of the emergency response plan during an emer- 11 gency event. If, after evidentiary hearings or other investigatory 12 proceedings, the commission finds that the corporation failed to reason- 13 ably implement its emergency response plan or the length of such corpo- 14 ration's outages were materially longer than they would have been, 15 because of such corporation's failure to reasonably implement its emer- 16 gency response plan, the commission may deny the recovery of any part of 17 the service restoration costs caused by such failure, commensurate with 18 the degree and impact of the service outage; provided, however, that 19 nothing herein limits the commission's authority to otherwise commence a 20 proceeding pursuant to sections twenty-four and twenty-five of this 21 chapter. 22 (d) The commission shall certify to the department of homeland securi- 23 ty and emergency services that each such corporation's emergency 24 response plan is sufficient to ensure to the greatest extent feasible 25 the timely and safe restoration of energy services after an emergency in 26 compliance with the requirements of this chapter. 27 (e) Each corporation subject to this article shall file with the coun- 28 ty executive or the chief elected official of a county for each county 29 within its service territory the most recent approved copy of the emer- 30 gency response plan required pursuant to this section. For the purposes 31 of a corporation operating within the city of New York, such corporation 32 shall file the most recent approved emergency response plan with the 33 emergency management office of the city of New York. 34 (f) The commission shall provide access to such emergency response 35 plan pursuant to article six of the public officers law. 36 § 2. Section 216 of the public service law is amended by adding a new 37 subdivision 4-a to read as follows: 38 4-a. (a) Each corporation subject to this article shall annually, on 39 or before December fifteenth, submit to the commission an emergency 40 response plan for review and approval. The emergency response plan shall 41 be designed for the reasonably prompt restoration of service in the case 42 of an emergency event, defined for purposes of this subdivision as an 43 event where widespread outages have occurred in the service territory of 44 the company due to storms or other causes beyond the control of the 45 company. The emergency response plan shall include, but need not be 46 limited to, the following: (i) the identification of management staff 47 responsible for company operations during an emergency; (ii) a communi- 48 cations system with customers during an emergency that extends beyond 49 normal business hours and business conditions; (iii) designation of 50 company staff to communicate with local officials and appropriate regu- 51 latory agencies; (iv) provisions regarding how the company will assure 52 the safety of its employees and contractors; (v) procedures for deploy- 53 ing personnel crews to work assignment areas; (vi) identification of 54 additional supplies and equipment needed during an emergency; (vii) the 55 means of obtaining additional supplies and equipment; (viii) procedures 56 to practice the emergency response plan; and (ix) such other additionalS. 8982 3 1 information as the commission may require. Each such corporation shall, 2 on an annual basis, undertake drills implementing procedures to practice 3 its emergency management plan. The commission may adopt additional 4 requirements consistent with ensuring the reasonably prompt restoration 5 of service in the case of an emergency event. 6 (b) After review of a corporation's emergency response plan, the 7 commission may require such corporation to amend the plan. The commis- 8 sion may also open an investigation of the corporation's plan to deter- 9 mine its sufficiency to respond adequately to an emergency event. If, 10 after hearings, the commission finds a material deficiency in the plan, 11 it may order the company to make such modifications that it deems 12 reasonably necessary to remedy the deficiency. 13 (c) The commission is authorized to open an investigation to review 14 the performance of any corporation in restoring service or otherwise 15 meeting the requirements of the emergency response plan during an emer- 16 gency event. If, after evidentiary hearings or other investigatory 17 proceedings, the commission finds that the corporation failed to reason- 18 ably implement its emergency response plan or the length of such corpo- 19 ration's outages were materially longer than they would have been, 20 because of such corporation's failure to reasonably implement its emer- 21 gency response plan, the commission may deny the recovery of any part of 22 the service restoration costs caused by such failure, commensurate with 23 the degree and impact of the service outage; provided, however, that 24 nothing herein limits the commission's authority to otherwise commence a 25 proceeding pursuant to sections twenty-four and twenty-five of this 26 chapter. 27 (d) The commission shall certify to the department of homeland securi- 28 ty and emergency services that each such corporation's emergency 29 response plan is sufficient to ensure to the greatest extent feasible 30 the timely and safe restoration of energy services after an emergency in 31 compliance with the requirements of this chapter. 32 (e) Each corporation subject to this article shall file with the coun- 33 ty executive or the chief elected official of a county for each county 34 within its service territory the most recent approved copy of the emer- 35 gency response plan required pursuant to this section. For the purposes 36 of a corporation operating within the city of New York, such corporation 37 shall file the most recent approved emergency response plan with the 38 emergency management office of the city of New York. 39 (f) The commission shall provide access to such emergency response 40 plan pursuant to article six of the public officers law. 41 § 3. Severability. If any clause, sentence, paragraph, section or part 42 of this act shall be adjudged by any court of competent jurisdiction to 43 be invalid and after exhaustion of all further judicial review, the 44 judgment shall not affect, impair or invalidate the remainder thereof, 45 but shall be confined in its operation to the clause, sentence, para- 46 graph, section or part of this act directly involved in the controversy 47 in which the judgment shall have been rendered. 48 § 4. This act shall take effect immediately.
