S T A T E O F N E W Y O R K
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7923
2013-2014 Regular Sessions
I N A S S E M B L Y
June 10, 2013
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Introduced by M. of A. HENNESSEY -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to enacting the
Long Island Power Authority emergency response act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Long
Island Power Authority emergency response act."
S 2. Section 1020-f of the public authorities law is amended by adding
four new subdivisions (cc), (dd), (ee) and (ff) to read as follows:
(CC) TO PREPARE AN EMERGENCY RESPONSE PLAN PURSUANT TO THIS SUBDIVI-
SION. 1. THE SERVICE PROVIDER SHALL, IN CONSULTATION WITH THE AUTHORITY,
PREPARE AND MAINTAIN AN EMERGENCY RESPONSE PLAN (I) TO ASSURE THE
REASONABLY PROMPT RESTORATION OF SERVICE IN THE CASE OF AN EMERGENCY
EVENT, DEFINED FOR PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDE-
SPREAD OUTAGES HAVE OCCURRED IN THE AUTHORITY'S SERVICE TERRITORY DUE TO
A STORM OR OTHER CAUSES BEYOND THE CONTROL OF THE AUTHORITY AND THE
SERVICE PROVIDER, (II) CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH (A)
OF SUBDIVISION TWENTY-ONE OF SECTION SIXTY-SIX OF THE PUBLIC SERVICE LAW
AND ANY REGULATIONS AND ORDERS ADOPTED THERETO, AND (III) ESTABLISHING
THE SEPARATE RESPONSIBILITIES OF THE AUTHORITY AND SERVICE PROVIDER.
2. ON OR BEFORE FEBRUARY THIRD, TWO THOUSAND FOURTEEN, THE AUTHORITY
AND SERVICE PROVIDER SHALL SUBMIT AN EMERGENCY RESPONSE PLAN TO THE
DEPARTMENT OF PUBLIC SERVICE FOR REVIEW. CONTEMPORANEOUSLY WITH SUCH
SUBMISSION, THE AUTHORITY SHALL PROVIDE NOTICE OF SUCH PROPOSED PLAN TO
THE SECRETARY OF STATE FOR PUBLICATION IN THE STATE REGISTER, THE
AUTHORITY AND SERVICE PROVIDER EACH SHALL POST SUCH PLAN ON THEIR
WEBSITES AND OTHERWISE MAKE SUCH PLAN AVAILABLE FOR REVIEW IN-PERSON,
AND AFFORD MEMBERS OF THE PUBLIC AN OPPORTUNITY TO SUBMIT WRITTEN
COMMENTS AND ORAL COMMENTS PURSUANT TO AT LEAST ONE HEARING TO BE HELD
EACH IN THE COUNTY OF SUFFOLK AND THE COUNTY OF NASSAU. SUCH WRITTEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11402-01-3
A. 7923 2
COMMENTS MUST BE SUBMITTED BY MARCH FOURTEENTH, TWO THOUSAND FOURTEEN.
THE AUTHORITY AND SERVICE PROVIDER SHALL PROVIDE A COPY OF ALL WRITTEN
COMMENTS THEY RECEIVE AND A TRANSCRIPT OF SUCH PUBLIC HEARINGS TO THE
DEPARTMENT OF PUBLIC SERVICE FOR ITS CONSIDERATION IN REVIEWING THE
EMERGENCY RESPONSE PLAN. THE DEPARTMENT SHALL PROVIDE ANY RECOMMENDA-
TIONS TO THE SERVICE PROVIDER WITH RESPECT TO SUCH PLAN ON OR BEFORE
APRIL FIFTEENTH, TWO THOUSAND FOURTEEN. SUCH PLAN MUST BE MADE FINAL BY
JUNE SECOND, TWO THOUSAND FOURTEEN. FOR EACH YEAR THEREAFTER, THE
SERVICE PROVIDER SHALL SUBMIT AN EMERGENCY RESPONSE PLAN TO THE DEPART-
MENT OF PUBLIC SERVICE, AND SUCH DEPARTMENT SHALL PROVIDE ITS RECOMMEN-
DATIONS, IN ACCORDANCE WITH A SCHEDULE TO BE ESTABLISHED BY SUCH DEPART-
MENT AND THAT IS CONSISTENT WITH THE SCHEDULE ASSOCIATED WITH SUCH
DEPARTMENT'S REVIEW OF SIMILAR SUCH PLANS PROVIDED BY ELECTRIC CORPO-
RATIONS PURSUANT TO SUBDIVISION TWENTY-ONE OF SECTION SIXTY-SIX OF THE
PUBLIC SERVICE LAW.
3. BY JUNE SECOND, TWO THOUSAND FOURTEEN, AND BY JUNE FIRST ANNUALLY
THEREAFTER, THE AUTHORITY AND SERVICE PROVIDER SHALL JOINTLY CERTIFY TO
THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY SERVICES THAT THE
EMERGENCY RESPONSE PLAN ENSURES TO THE GREATEST EXTENT FEASIBLE THE
TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY
CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION TWEN-
TY-ONE OF THE PUBLIC SERVICE LAW AND THE DEPARTMENT'S RECOMMENDATIONS.
THE FILING OF SUCH EMERGENCY RESPONSE PLAN SHALL ALSO INCLUDE A COPY OF
ALL WRITTEN MUTUAL ASSISTANCE AGREEMENTS AMONG UTILITIES. THE SERVICE
PROVIDER SHALL FILE WITH THE COUNTY EXECUTIVES OF NASSAU AND SUFFOLK
COUNTY AND THE MAYOR OF THE CITY OF NEW YORK THE MOST RECENT VERSION OF
THE EMERGENCY RESPONSE PLAN, AND MAKE SURE THAT SUCH AMENDED VERSIONS
ARE TIMELY FILED.
4. STARTING IN CALENDAR YEAR TWO THOUSAND FOURTEEN, THE SERVICE
PROVIDER ANNUALLY SHALL UNDERTAKE AT LEAST ONE DRILL TO IMPLEMENT PROCE-
DURES TO PRACTICE ITS EMERGENCY RESPONSE PLAN. THE SERVICE PROVIDER
SHALL NOTIFY AND ALLOW PARTICIPATION IN SUCH DRILL OF ALL APPROPRIATE
MUNICIPAL EMERGENCY RESPONDERS AND OFFICIALS.
5. IF, DURING AN EMERGENCY EVENT, ELECTRIC SERVICE IS NOT RESTORED IN
THREE DAYS, THE SERVICE PROVIDER SHALL WITHIN SIXTY DAYS FROM THE DATE
OF FULL RESTORATION FILE WITH THE DEPARTMENT A REPORT CONSTITUTING A
REVIEW OF ALL ASPECTS OF THE PREPARATION AND SYSTEM RESTORATION PERFORM-
ANCE DURING THE EVENT, AND SHALL THEREAFTER TAKE INTO CONSIDERATION ANY
RECOMMENDATIONS MADE BY THE DEPARTMENT ASSOCIATED WITH SUCH REVIEW.
(DD) ON OR BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN, AND BY JANUARY
FIRST OF EACH CALENDAR YEAR THEREAFTER, TO SUBMIT FOR REVIEW TO THE
DEPARTMENT OF PUBLIC SERVICE A REPORT DETAILING THE SERVICE PROVIDER'S
PLANNED CAPITAL EXPENDITURES.
(EE) TO SUBMIT FOR REVIEW TO THE DEPARTMENT OF PUBLIC SERVICE ANY
PROPOSED PLAN RELATED TO IMPLEMENTING ENERGY EFFICIENCY MEASURES,
DISTRIBUTED GENERATION OR ADVANCED GRID TECHNOLOGY PROGRAMS.
(FF) TO ASSIST AND COOPERATE WITH THE DEPARTMENT OF PUBLIC SERVICE
WITH RESPECT TO ANY REVIEW, INCLUDING PROVIDING THE DEPARTMENT WITH
REASONABLE ACCESS TO ALL FACILITIES AND PREMISES OWNED OR OPERATED BY
THE AUTHORITY OR ITS SERVICE PROVIDER, ALLOWING REVIEW OF ALL BOOKS AND
RECORDS OF THE AUTHORITY AND ITS SERVICE PROVIDER, PROVIDING COPIES OF
REQUESTED DOCUMENTS, ALLOWING INTERVIEWS OF ALL APPROPRIATE PERSONNEL,
AND RESPONDING IN A REASONABLE AND TIMELY MANNER TO ANY INQUIRIES OR
REPORTING REQUESTS MADE BY THE DEPARTMENT.
S 3. This act shall take effect on January 1, 2014.