S08982 Summary:

BILL NOS08982
 
SAME ASNo Same As
 
SPONSORMAYER
 
COSPNSRCOMRIE, FELDER, HARCKHAM, HOYLMAN, KAPLAN, KRUEGER, METZGER
 
MLTSPNSR
 
Amd 94 & 216, Pub Serv L
 
Expands the types of entities required to prepare and submit an emergency response plan.
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S08982 Actions:

BILL NOS08982
 
09/16/2020REFERRED TO RULES
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S08982 Committee Votes:

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S08982 Floor Votes:

There are no votes for this bill in this legislative session.
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S08982 Text:



 
                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.
                                                                   LBD17235-04-0

        S. 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  additional

        S. 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.
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