Senate Bill S3783

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

                                  3783

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced  by  Sens. CARLUCCI, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

AN  ACT  to  amend  the  public  service  law  and the executive law, in
  relation to  emergency  disconnections  of  certain  public  utilities
  during a state disaster emergency or local state of emergency

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

  Section 1. Section 46 of the public service law, as amended by chapter
686 of the laws of 2002, is amended to read as follows:
  S 46. Emergency disconnections to residences.  1. Notwithstanding  any
other  section  of  this  article, a utility corporation in ownership or
control of the meters, pipes, fittings, wires and other apparatus  asso-
ciated  with  the  establishment  of service to a residence or a munici-
pality may disconnect service to  a  residence  when  an  emergency  may
threaten  the  health or safety of a person, the surrounding area or the
utility's or municipality's distribution system. The utility corporation
or municipality shall act promptly to assure restoration of  service  as
soon  as  feasible. Service shall be restored to any residence before it
may be terminated for any other reason.
  2. IN THE EVENT OF A STATE DISASTER EMERGENCY, AS DEFINED  IN  SECTION
TWENTY  OF  THE EXECUTIVE LAW, OR A LOCAL STATE OF EMERGENCY, AS DEFINED
IN SECTION TWENTY-FOUR OF THE EXECUTIVE LAW, A  UTILITY  CORPORATION  OR
MUNICIPALITY  SHALL  DISCONNECT  ELECTRICAL  SERVICE  WITHIN TWENTY-FOUR
HOURS OF NOTIFICATION FROM AN EMERGENCY  MANAGEMENT  DIRECTOR  OR  OTHER
MUNICIPAL  CORPORATION  OFFICIAL RESPONSIBLE FOR EMERGENCY PREPAREDNESS,
RESPONSE AND RECOVERY, CHIEF EXECUTIVE, OR LOCAL OFFICER EMPOWERED UNDER
SECTION SEVENTY-SEVEN OF THIS CHAPTER, THAT DISCONNECTION  IS  NECESSARY
FOR  REPAIRS TO THE AFFECTED AREA AND CONTINUED SERVICE MAY THREATEN THE
HEALTH OR SAFETY OF A PERSON, THE SURROUNDING AREA OR THE  UTILITY'S  OR
MUNICIPALITY'S DISTRIBUTION SYSTEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08811-02-3
              

S. 3783                             2

  3.  WHERE A UTILITY CORPORATION OR MUNICIPALITY IS REQUIRED TO DISCON-
NECT ELECTRICAL SERVICE PURSUANT TO SUBDIVISION TWO OF THIS SECTION  AND
FAILS  OR  NEGLECTS  WITHIN  TWENTY-FOUR  HOURS OF NOTIFICATION TO DO SO
WITHOUT GOOD CAUSE AS DETERMINED BY THE COMMISSION, THE  UTILITY  CORPO-
RATION  SHALL FORFEIT AND PAY TO THE COMMISSION THE SUM OF NOT LESS THAN
ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE HUNDRED DOLLARS PER DAY  FOR
EACH  DAY  THEREAFTER,  AS  DETERMINED BY THE COMMISSION THAT SUCH ELEC-
TRICAL SERVICE IS NOT DISCONNECTED.
  S 2. Subdivision 1 of section 24 of the executive law  is  amended  by
adding a new paragraph h to read as follows:
  H.  (I) A UTILITY CORPORATION OR MUNICIPALITY TO DISCONNECT ELECTRICAL
SERVICE TO RESIDENTIAL OR COMMERCIAL PROPERTY WITHIN  TWENTY-FOUR  HOURS
OF  NOTIFICATION BY THE CHIEF EXECUTIVE WHERE DISCONNECTION IS NECESSARY
FOR REPAIRS TO THE AFFECTED AREA AND CONTINUED SERVICE MAY THREATEN  THE
HEALTH  OR  SAFETY  OF  A PERSON, THE SURROUNDING AREA OR A UTILITY'S OR
MUNICIPALITY'S DISTRIBUTION SYSTEM;
  (II) WHERE A  UTILITY  CORPORATION  OR  MUNICIPALITY  IS  REQUIRED  TO
DISCONNECT ELECTRICAL SERVICE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH  AND FAILS OR NEGLECTS WITHIN TWENTY-FOUR HOURS OF NOTIFICATION TO
DO SO WITHOUT GOOD CAUSE AS DETERMINED BY THE PUBLIC SERVICE COMMISSION,
THE UTILITY CORPORATION OR MUNICIPALITY SHALL FORFEIT  AND  PAY  TO  THE
PUBLIC  SERVICE COMMISSION THE SUM OF NOT LESS THAN ONE THOUSAND DOLLARS
AND NOT MORE THAN FIVE HUNDRED DOLLARS PER DAY FOR EACH DAY  THEREAFTER,
AS  DETERMINED  BY  THE  PUBLIC  SERVICE COMMISSION THAT SUCH ELECTRICAL
SERVICE IS NOT DISCONNECTED.
  S 3. Section 28 of the executive law is amended by adding a new subdi-
vision 5 to read as follows:
  5. (A) FOLLOWING A STATE DECLARATION  OF  DISASTER  EMERGENCY  BY  THE
GOVERNOR PURSUANT TO THIS SECTION, A UTILITY CORPORATION OR MUNICIPALITY
SHALL DISCONNECT ELECTRICAL SERVICE TO RESIDENTIAL OR COMMERCIAL PROPER-
TY WITHIN TWENTY-FOUR HOURS OF NOTIFICATION FROM AN EMERGENCY MANAGEMENT
DIRECTOR  OR  OTHER MUNICIPAL CORPORATION OFFICIAL RESPONSIBLE FOR EMER-
GENCY PREPAREDNESS, RESPONSE AND RECOVERY,  CHIEF  EXECUTIVE,  OR  LOCAL
OFFICER EMPOWERED UNDER SECTION SEVENTY-SEVEN OF THE PUBLIC SERVICE LAW,
THAT  DISCONNECTION  IS  NECESSARY  FOR REPAIRS TO THE AFFECTED AREA AND
CONTINUED SERVICE MAY THREATEN THE HEALTH OR SAFETY  OF  A  PERSON,  THE
SURROUNDING AREA OR THE UTILITY'S OR MUNICIPALITY'S DISTRIBUTION SYSTEM.
  (B) WHERE A UTILITY CORPORATION OR MUNICIPALITY IS REQUIRED TO DISCON-
NECT  ELECTRICAL  SERVICE  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
AND FAILS OR NEGLECTS WITHIN TWENTY-FOUR HOURS OF NOTIFICATION TO DO  SO
WITHOUT  GOOD  CAUSE AS DETERMINED BY THE PUBLIC SERVICE COMMISSION, THE
UTILITY CORPORATION OR MUNICIPALITY SHALL FORFEIT AND PAY TO THE  PUBLIC
SERVICE COMMISSION THE SUM OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT
MORE  THAN  FIVE  HUNDRED  DOLLARS  PER  DAY FOR EACH DAY THEREAFTER, AS
DETERMINED BY THE PUBLIC SERVICE COMMISSION THAT SUCH ELECTRICAL SERVICE
IS NOT DISCONNECTED.
  S 4. This act shall take effect immediately.