STATE OF NEW YORK ________________________________________________________________________ 2224 2023-2024 Regular Sessions IN SENATE January 19, 2023 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public service law, the public authorities law and the executive law, in relation to the restoration of electric power services during a widespread outage; to amend a chapter of the laws of 2022 amending the public service law, the public authorities law and the executive law relating to requiring electric corporations and the Long Island power authority service provider to prioritize restoring services to police departments, fire departments and ambulance services, when electric services are interrupted, as proposed in legislative bills numbers S. 926-C and A. 3318-C, in relation to the effectiveness thereof; and to repeal certain provisions of the execu- tive law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 73-a of the public service law, as added by a chap- 2 ter of the laws of 2022 amending the public service law, the public 3 authorities law and the executive law relating to requiring electric 4 corporations and the Long Island power authority service provider to 5 prioritize restoring services to police departments, fire departments, 6 and ambulance services, when electric services are interrupted, as 7 proposed in legislative bills numbers S. 926-C and A. 3318-C, is amended 8 to read as follows: 9 § 73-a. Prioritization of emergency services. 1. If, during a wide- 10 spread prolonged outage that affects at least twenty thousand customers 11 in the service territory of an electric corporation, and such corpo- 12 ration is not able to restore electric power services within twenty-four 13 hours to any affected police department, fire department, [or] ambulance 14 service [which has a] or advanced life support first response service 15 facility that is prewired with an appropriate transfer switch for using 16 an alternate generated power source [within twenty-four hours of the 17 loss or interruption of such electric power services], such electric 18 corporation shall notify the [local county office of emergency manage- 19 ment which shall provide for emergency deployment of alternate generated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04194-01-3
S. 2224 2 1 power sources through a program administered by the division of homeland 2 security and emergency services to such police department, fire depart- 3 ment, and/or ambulance service with an alternate generated power source] 4 village, town or city in which such facility is located. 5 2. [An electric corporation shall not increase charges to any rate 6 payers to cover any extra costs incurred by such electric corporation as 7 a result of compliance with subdivision one of this section] Towns, 8 cities, and villages shall provide to counties, and counties shall, to 9 the extent practicable, provide the electric corporations and the divi- 10 sion of homeland security and emergency services with a list of such 11 police departments, fire departments, ambulance services and advanced 12 life support first response services located within such municipality's 13 territorial boundaries within one year of the effective date of this 14 section, and periodically thereafter as necessary to update such list. 15 3. For the purposes of this section, "alternate generated power 16 source" shall mean electric generating equipment that is of the capacity 17 that is capable of providing adequate electricity to operate all life 18 safety systems and the basic operations of a police department, fire 19 department, [or] ambulance service or advanced life support first 20 response service. 21 [4. This section shall only apply to police departments, fire depart- 22 ments, or ambulance services who are registered with the division of 23 homeland security and emergency services pursuant to article twenty-six 24 of the executive law.] 25 § 2. Section 1020-mm of the public authorities law, as added by a 26 chapter of the laws of 2022 amending the public service law, the public 27 authorities law and the executive law relating to requiring electric 28 corporations and the Long Island power authority service provider to 29 prioritize restoring services to police departments, fire departments, 30 and ambulance services, when electric services are interrupted, as 31 proposed in legislative bills numbers S. 926-C and A. 3318-C, is amended 32 to read as follows: 33 § 1020-mm. Prioritization of emergency services. 1. If, during a wide- 34 spread prolonged outage that affects at least twenty thousand customers 35 in the service territory of the authority, and the service provider is 36 not able to restore electric power services within twenty-four hours to 37 any affected police department, fire department, [or] ambulance service 38 or advanced life support first response service [which has a] facility 39 that is prewired with an appropriate transfer switch for using an alter- 40 nate generated power source [within twenty-four hours of the loss or 41 interruption of such electric power services], [the] such service 42 provider shall notify the [local county office of emergency management 43 which shall provide for emergency deployment of alternate generated 44 power sources through a program administered by the division of homeland 45 security and emergency services to such police department, fire depart- 46 ment, and/or ambulance service with an alternate generated power source] 47 village, town or city in which such facility is located. 48 2. [The] Towns, cities, and villages shall provide to counties, and 49 counties shall to the extent practicable, provide the service provider 50 [shall not increase charges to any rate payers to cover any extra costs 51 incurred by the service provider as a result of compliance with subdivi- 52 sion one of this section] and the division of homeland security and 53 emergency services with a list of such police departments, fire depart- 54 ments, ambulance services and advanced life support first response 55 services located within such municipality's territorial boundaries with-
S. 2224 3 1 in one year of the effective date of this section, and periodically 2 thereafter as necessary to update such list. 3 3. For the purposes of this section, "alternate generated power 4 source" shall mean electric generating equipment that is of the capacity 5 that is capable of providing adequate electricity to operate all life 6 safety systems and the basic operations of a police department, fire 7 department, [or] ambulance service or advanced life support first 8 response service. 9 [4. This section shall only apply to police departments, fire depart- 10 ments, or ambulance services who are registered with the division of 11 homeland security and emergency services pursuant to article twenty-six 12 of the executive law.] 13 § 3. Paragraph (v) of subdivision 2 of section 709 of the executive 14 law, as added by a chapter of the laws of 2022 amending the public 15 service law, the public authorities law and the executive law relating 16 to requiring electric corporations and the Long Island power authority 17 service provider to prioritize restoring services to police departments, 18 fire departments, and ambulance services, when electric services are 19 interrupted, as proposed in legislative bills numbers S. 926-C and A. 20 3318-C, is REPEALED. 21 § 4. Section 24 of the executive law is amended by adding a new subdi- 22 vision 9 to read as follows: 23 9. a. Whenever a local state of emergency is declared pursuant to this 24 section and upon receipt of notification by an electric corporation or 25 the service provider, pursuant to section seventy-three-a of the public 26 service law or section one thousand twenty-mm of the public authorities 27 law, the chief executive shall coordinate with affected police depart- 28 ments, fire departments, ambulance services and advanced life support 29 first response services prewired with an appropriate transfer switch for 30 using an alternate generated power source for the emergency deployment 31 of alternate generated power sources. 32 b. For the purposes of this section, "alternate generated power 33 source" shall mean electric generating equipment that is of the capacity 34 that is capable of providing adequate electricity to operate all life 35 safety systems and the basic operations of a police department, fire 36 department, ambulance service or advanced life support first response 37 service. 38 § 5. Section 4 of a chapter of the laws of 2022 amending the public 39 service law, the public authorities law and the executive law relating 40 to requiring electric corporations and the Long Island power authority 41 service provider to prioritize restoring services to police departments, 42 fire departments, and ambulance services, when electric services are 43 interrupted, as proposed in legislative bills numbers S. 926-C and A. 44 3318-C, is amended to read as follows: 45 § 4. This act shall take effect [immediately] one year after it shall 46 have become a law. 47 § 6. This act shall take effect immediately; provided, however, that 48 sections one, two, three and four of this act shall take effect on the 49 same date and in the same manner as a chapter of the laws of 2022 amend- 50 ing the public service law, the public authorities law and the executive 51 law relating to requiring electric corporations and the Long Island 52 power authority service provider to prioritize restoring services to 53 police departments, fire departments, and ambulance services, when elec- 54 tric services are interrupted, as proposed in legislative bills numbers 55 S. 926-C and A. 3318-C, takes effect.