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

                                 1924--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  recommitted  to  the Committee on Energy and Telecommuni-
  cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-

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

                                                           LBD04966-03-4

S. 1924--A                          2

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.
  S  2.  Section 65 of the public service law is amended by adding a new
subdivision 16 to read as follows:
  16. 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.