senate Bill S1249

2011-2012 Legislative Session

Provides for a priority call system for use in connection with emergency disconnections of utilities, service coverage and oversight of response time

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to energy and telecommunications
Jan 06, 2011 referred to energy and telecommunications

S1249 - Bill Details

Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add §48-a, amd §§65, 66 & 80, Pub Serv L
Versions Introduced in 2009-2010 Legislative Session:
S8304

S1249 - Bill Texts

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Amends the public service law, in relation to providing for a priority call system for use in connection with emergency disconnections of utilities, service coverage and oversight of response time in connection with the emergency disconnection of utilities.

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BILL NUMBER:S1249

TITLE OF BILL:
An act
to amend the public service law, in relation to providing for a priority
call system for use in connection with emergency disconnections of
utilities, service coverage and oversight of response time in connection
with the emergency disconnection of utilities

PURPOSE:
The bill provides for a priority call system for use in
connection with emergency disconnections of utilities, service
coverage and oversight of response time.

SUMMARY OF PROVISIONS:
Section 1- The public service law is amended by
adding a new section 46-a.

Section 2- Section 65 of the public service law is amended by adding a
new subdivision 14.

Section 3- Section 66 of the public service law is amended by adding a
new subdivision 29.

Section 4- Section 80 of the public service law is amended by adding a
new subdivision 13.

Section 5- contains effective date.

JUSTIFICATION:
To have a process dealing with disconnecting a power
source during an emergency - such as a fire - is extremely important.
currently, the utility company is responsible for the disconnection
and firefighters are unable to do their job until the utility cuts
the power to a building. Low staffing ratios and inadequate process
and procedures have lead to delays in such instances. This
legislation will put in place processes and procedures to comply with
emergency shut offs and create a mechanism for review to improve
response time.

PRIOR LEGISLATIVE HISTORY:
2010: S/8304 - Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1249

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD02030-01-1

S. 1249                             2

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 14 to read as follows:
  14. 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.

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