S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8304

                            I N  S E N A T E

                              June 22, 2010
                               ___________

Introduced  by  Sen. ADDABBO -- 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 providing  for  a
  priority  call  system  for  use  in connection with emergency discon-
  nections of utilities, service coverage and oversight of response time
  in connection with the emergency disconnection of utilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
48-a to read as follows:
  S 48-A. PRIORITY CALL SYSTEM AND REPORTING. 1.  THE  COMMISSION  SHALL
ESTABLISH  A PRIORITY CALL SYSTEM FOR USE BY POLICE AND FIRE DEPARTMENTS
AND AGENCIES IN THE EVENT OF AN  EMERGENCY  REQUIRING  DISCONNECTION  OF
UTILITY SERVICES PROVIDED BY A CORPORATION SUBJECT TO THIS ARTICLE. SUCH
SYSTEM  SHALL  BE IN OPERATION AT ALL TIMES, AND SHALL PROVIDE ACCESS TO
ONE OR MORE EMPLOYEES OF A CORPORATION, WHICH EMPLOYEES SHALL BE AUTHOR-
IZED TO DIRECT  THE  IMMEDIATE  DISCONNECTION.    THE  COMMISSION  SHALL
PROMULGATE SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS SECTION.
  2.  EACH  CORPORATION  SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL
ESTABLISH A PRIORITY CALL SYSTEM, IN ACCORDANCE WITH THE RULES AND REGU-
LATIONS OF THE COMMISSION, FOR USE BY POLICE AND  FIRE  DEPARTMENTS  AND
AGENCIES  IN  THE  EVENT  OF  AN  EMERGENCY  REQUIRING  DISCONNECTION OF
SERVICES PROVIDED BY THE CORPORATION.
  3. EACH CORPORATION SUBJECT TO THE PROVISIONS OF  THIS  CHAPTER  SHALL
ANNUALLY  FILE WITH THE COMMISSION A REPORT, IN SUCH FORM AS THE COMMIS-
SION SHALL PRESCRIBE, DETAILING THE  DATES  AND  CIRCUMSTANCES  OF  EACH
REQUESTED  EMERGENCY  DISCONNECTION,  THE IDENTITY OF THE PERSON, AGENCY
AND DEPARTMENT MAKING THE REQUEST, THE RESPONSE TO EACH SUCH REQUEST AND
THE TIME REQUIRED TO ACCOMPLISH THE DISCONNECTION OF  SERVICE,  TOGETHER
WITH  SUCH  OTHER  INFORMATION THE COMMISSION DEEMS RELEVANT. FAILURE TO
COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL RESULT IN A  PENAL-
TY,  PAYABLE  TO  THE  COMMISSION, OF ONE THOUSAND DOLLARS PER DAY UNTIL
SUCH TIME AS THE COMPLETED REPORT IS FILED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14154-01-9

S. 8304                             2

  S 2. Section 65 of the public service law is amended by adding  a  new
subdivision 12 to read as follows:
  12.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IN ORDER TO ENSURE
ADEQUATE SERVICE, EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL ASSIGN,
AT A MINIMUM, ONE SERVICE PERSON FOR EVERY TWENTY THOUSAND PEOPLE IN THE
POPULATION IN EACH LOCAL AREA SERVED BY THE CORPORATION.
  S 3. Section 66 of the public service law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  THE  COMMISSION  SHALL HAVE THE POWER TO REQUIRE EACH CORPORATION
SUBJECT TO THIS ARTICLE, INCLUDING ELECTRIC CORPORATIONS AND GAS  CORPO-
RATIONS,  TO  MAINTAIN  RECORDS OF AND FILE REPORTS REGARDING THE CORPO-
RATION'S RESPONSE TIMES IN CONNECTION WITH THE DISCONNECTION OF  SERVICE
PROVIDED BY THE CORPORATION DURING EMERGENCY SITUATIONS AND DURING EMER-
GENCY  AND/OR  DISASTER  PREPAREDNESS DRILLS CONDUCTED BY FEDERAL, STATE
AND LOCAL GOVERNMENTAL ENTITIES, INCLUDING, BUT NOT  LIMITED  TO  POLICE
AND  FIRE  DEPARTMENTS,  AND  TO CONDUCT AUDITS WITH REGARD THERETO. THE
COMMISSION  SHALL  HAVE  THE  POWER  TO  EXAMINE  THE  ACCOUNTS,  BOOKS,
CONTRACTS, RECORDS, DOCUMENTS AND PAPERS OF ANY SUCH CORPORATION REGARD-
ING THE RESPONSE TIME, TO DIRECT THE CORPORATION TO IMPLEMENT ANY RECOM-
MENDATIONS  THE  COMMISSION FINDS TO BE NECESSARY AND REASONABLE, AND TO
IMPOSE FINES FOR THE FAILURE TO FOLLOW THE COMMISSION'S RECOMMENDATIONS.
  S 4. Section 80 of the public service law is amended by adding  a  new
subdivision 13 to read as follows:
  13.  THE  COMMISSION  SHALL HAVE THE POWER TO REQUIRE EACH CORPORATION
SUBJECT TO THIS ARTICLE TO MAINTAIN RECORDS OF THE FILE REPORTS  REGARD-
ING  SUCH  CORPORATION'S  RESPONSE  TIMES IN CONNECTION WITH THE DISCON-
NECTION OF SERVICE PROVIDED BY THE CORPORATION  DURING  EMERGENCY  SITU-
ATIONS   AND   DURING  EMERGENCY  AND/OR  DISASTER  PREPAREDNESS  DRILLS
CONDUCTED BY FEDERAL, STATE AND LOCAL GOVERNMENTAL ENTITIES,  INCLUDING,
BUT  NOT  LIMITED  TO POLICE AND FIRE DEPARTMENTS, AND TO CONDUCT AUDITS
WITH REGARD THERETO. THE COMMISSION SHALL HAVE THE POWER TO EXAMINE  THE
ACCOUNTS,  BOOKS,  CONTRACTS,  RECORDS, DOCUMENTS AND PAPERS OF ANY SUCH
CORPORATION REGARDING THE RESPONSE TIME, TO DIRECT SUCH CORPORATIONS  TO
IMPLEMENT  ANY  RECOMMENDATIONS THE COMMISSION FINDS TO BE NECESSARY AND
REASONABLE, AND TO IMPOSE FINES FOR THE FAILURE TO  FOLLOW  THE  COMMIS-
SION'S RECOMMENDATIONS.
  S 5. This act shall take effect immediately.