STATE OF NEW YORK ________________________________________________________________________ 6795 2025-2026 Regular Sessions IN ASSEMBLY March 14, 2025 ___________ Introduced by M. of A. PALMESANO, ANGELINO, BENDETT, E. BROWN, MANKTE- LOW, SIMPSON, GALLAHAN, GANDOLFO, BEEPHAN, SMULLEN, TAGUE, SLATER, BLUMENCRANZ, DeSTEFANO, JENSEN, LEMONDES, MAHER -- read once and referred to the Committee on Governmental Operations AN ACT directing the division of homeland security and emergency services to conduct a study on the public safety implications of the electrification of buildings and the transportation sector in the context of emergency response in adverse conditions; exempting emer- gency services vehicles and heavy equipment from the requirements of the climate leadership and community protection act of 2019; and prohibiting the use of battery packs which contain cobalt mined compo- nents for primary propulsion of emergency services vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds that, since the 2 passage of the Climate Leadership and Community Protection Act in 2019 3 and the release of the New York Climate Action Council's Final Scoping 4 Plan in 2022, insufficient attention has been devoted to rigorous exam- 5 ination of the consequences of New York's building and transportation 6 electrification mandates on all aspects of emergency response, especial- 7 ly during power outages, storms and other adverse and dangerous situ- 8 ations. 9 The legislature further finds and contends that relying on a function- 10 ing electrical grid to power the vehicles and other equipment used to 11 prepare for, and respond to, emergency situations may lead to an unac- 12 ceptable loss of tactical and operational flexibility, when emergency 13 services are called upon, as these vehicles and other pieces of equip- 14 ment are most likely to be called upon during adverse weather events 15 when a local or regional electrical grid may not be functional or reli- 16 able enough to enable its use to charge and recharge such assets. Emer- 17 gency response vehicles, generators, and other tools and assets used in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08918-01-5
A. 6795 2 1 emergency situations are currently able to function in the absence of a 2 reliable source of electricity through the use of fossil fuels, which 3 may be carried in portable containers as the need arises; removing such 4 a capability via legislative mandate, without known resilient alterna- 5 tives, would, in all likelihood, subject New Yorkers to an unacceptable 6 level of risk during storms, power outages and other dangerous situ- 7 ations. 8 In order to properly assess the risks that the State's building and 9 transportation electrification efforts present to emergency response 10 plans, personnel and equipment, the legislature hereby directs the divi- 11 sion of homeland security and emergency services to conduct a study on 12 the public safety implications of the electrification of buildings and 13 the transportation sector in the context of emergency response in 14 adverse conditions and to promulgate rules and regulations necessary for 15 effectuating its findings and recommendations. 16 § 2. 1. The division of homeland security and emergency services, 17 within nine months of the effective date of this act, shall conduct a 18 study on the public safety implications of the electrification of build- 19 ings and the transportation sector in the context of emergency response 20 in adverse conditions. Such study shall include, but not be limited to, 21 the following: 22 (a) an assessment of the current state of technology related to build- 23 ing and transportation electrification, as of the date of the study, and 24 an evaluation of the potential limitations that such technology may 25 impose on emergency preparedness and response; 26 (b) an evaluation of the strengths and weaknesses of heating and cool- 27 ing provided by heat pumps powered by renewable energy systems to emer- 28 gency services, particularly in the winter months, adverse weather 29 conditions, and power outages; 30 (c) an examination of the impact of electrification on the reliability 31 of emergency services during the transition to a renewable energy system 32 and a zero emissions electric system, pursuant to section 66-p of the 33 public service law, considering factors such as load, voltage sags, and 34 mechanisms to maintain reliability when solar and wind resources are not 35 generating power, especially during adverse weather events, power 36 outages, and periods of unseasonable heat or unseasonable cold; 37 (d) an investigation of the potential hazards and drawbacks of elec- 38 trifying emergency vehicles or other heavy equipment used for emergency 39 management tasks, with a particular focus on operations in the absence 40 of a functioning electrical grid, during power outages, unseasonable 41 heat, and in unseasonable cold conditions; and 42 (e) an examination of the impact of complying with chapter 106 of the 43 laws of 2019 on the reliability of the natural gas system and the elec- 44 tric system for emergency services in the state and their ability to 45 function during adverse weather events. 46 2. The division, along with any retained contractors, shall consult 47 with entities possessing resources and expertise to contribute to the 48 study. Such entities shall include, but are not limited to, vehicle 49 manufacturers, HVAC manufacturers and installers, engineers, electric 50 corporations, electricity generating companies, gas corporations, trade 51 organizations, and other stakeholders. 52 3. The division of homeland security and emergency services shall 53 consult with, and is authorized to receive any information that is rele- 54 vant and material to the completion of the study from, the Long Island 55 power authority, the power authority of the state of New York, the 56 federally designated electric bulk system operator, the department of
A. 6795 3 1 public service, the New York state energy research and development 2 authority, the department of environmental conservation, the department 3 of transportation, the office of fire prevention and control, and the 4 major gas and electric utilities in the state. Such entities shall be 5 consulted by the division and are directed to comply with any requests 6 of the division necessary to complete the study. Any information 7 received by the division pursuant to this subdivision shall be subject 8 to the same requirements for confidentiality and limitations on use, if 9 any, as are applicable to the division's use of such information. 10 4. Upon completion of the study, the division shall prepare a report 11 with findings for: the promulgation of rules and regulations necessary 12 for effectuating the intent of the findings and recommendations, within 13 the authority of existing law, made by the report; any recommended 14 future courses of action, along with recommended legislation for enact- 15 ment of such courses of action; and those issues requiring further 16 investigation, if any. The division shall submit such report, along with 17 the study, to the governor, the speaker of the assembly, the minority 18 leader of the assembly, the temporary president of the senate, the 19 minority leader of the senate, the chair of the assembly energy commit- 20 tee, the ranking member of the assembly energy committee, the chair of 21 the senate energy and telecommunications committee, the ranking member 22 of the senate energy and telecommunications committee, the chair of the 23 assembly governmental operations committee, the ranking member of the 24 assembly governmental operations committee, the chair of the senate 25 governmental operations committee, the ranking member of the senate 26 governmental operations committee, and the chairs and ranking members of 27 both the assembly ways and means and senate finance committees no later 28 than thirty days after the study's completion. 29 5. Within ninety days of completion of the report of the study's find- 30 ings, the division shall promulgate rules and regulations necessary for 31 effectuating the intent of the recommendations made by the report. 32 § 3. Notwithstanding any provision of law or regulation, including but 33 not limited to chapter 106 of the laws of 2019, to the contrary, emer- 34 gency services vehicles and heavy equipment shall be exempt from all of 35 the provisions of chapter 106 of the laws of 2019, including any recom- 36 mendations put forth by the Climate Action Council established by that 37 chapter, pending the conclusion of the study and the promulgation of 38 associated rules and regulations pursuant to section two of this act. 39 For the purposes of this section, "emergency services vehicles" are 40 defined as in sections 101 and 114-b of the vehicle and traffic law. 41 § 4. Notwithstanding any provision of law or regulation, including but 42 not limited to sections 101 and 114-b of the vehicle and traffic law, as 43 amended by chapter 496 of the laws of 2021, to the contrary, the use of 44 battery packs which contain cobalt mined components, or reasonably 45 suspected of being mined via child labor, for primary propulsion shall 46 be prohibited within any of the vehicles described by sections 101 and 47 114-b of the vehicle and traffic law. 48 § 5. This act shall take effect immediately.