NY State Senate Bill 2019-S8843

Senate Bill S8843

2019-2020 Legislative Session

Exempts certain utility and other workers from state and local traveling bans during declared emergencies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 27, 2020	referred to rules

2019-S8843 (ACTIVE) - Details

See Assembly Version of this Bill:: A10889
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §§22 & 23, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S3275, A25

2019-S8843 (ACTIVE) - Summary

Exempts certain utility and other workers from state and local traveling bans during declared emergencies.

2019-S8843 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8843

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to exempting certain
utility and other workers from state and local traveling bans during
declared emergencies

 
PURPOSE:

The purpose of the bill is to permit utility and other workers to access
local and/or state declared disaster areas during periods of travel bans
in order to allow them to perform necessary services related to the
restoration and/or maintenance of energy and communications infrastruc-
ture.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Section 22 of the Executive Law, which
deals with state disaster preparedness plans. These plans would be

required to include provisions that exempt from travel bans implemented
by state officials those essential private and public personnel, as
determined by the state disaster preparedness commission, that are
involved in providing emergency services to declared disaster areas,
including utility and other workers who are tasked with restoring power,
heat, communications and related activities.

Section 2 would amend Section 23 of the Executive Law, which deals with
local comprehensive emergency management plans. These plans would be
required to include provisions that exempt from travel bans implemented
by local officials those essential private and public personnel, as
determined by the state disaster preparedness commission, that are
involved in providing emergency services to declared disaster areas,
including utility and other workers who are tasked with restoring power,
heat, communications and related activities.

Section 3 would set forth an immediate effective date.

 
JUSTIFICATION:

The role of utility and other workers is a critical component to emer-
gency preparedness and response, as their ability to access disaster
areas is directly attributable to the restoration of power and communi-
cations to a given community. Some communities have experienced long-
term power and communications outages of weeks or days during recent
storms such as Hurricane Irene, Tropical Storm Lee, and Super Storm
Sandy in no small part because utility personnel were barred from phys-
ically accessing the electric and communications infrastructure that
needed repair.

Anecdotally, some areas across the state permit utility and other work-
ers to travel during disaster periods if law enforcement allows for it
while most areas prohibit their travel outright - essentially turning a
"blind eye" to the travel ban in the overall interest of the public
welfare. This bill seeks to add statewide clarity, uniformity, and
general permission for utility and other workers to travel to and from
disaster areas in order to restore power and communications and provide
maintenance services for communities that have been affected by a
natural or man-made catastrophic event. This bill does not mandate that
a state or local governing entity actually provide these personnel; it
only prescribes that such personnel are exempted from travel bans that
are otherwise in effect throughout the state, county, town, or village.

 
LEGISLATIVE HISTORY:

A previous version of this bill, A8059A of 2015, was vetoed; however,
this updated version intends to address the veto message regarding a
"blanket exemption to travel bans for utility workers" by placing
discretion upon the state disaster preparedness commission to determine
which utility personnel should be excluded from state and local travel
bans.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S8843 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8843                                                 A. 10889
 
                       S E N A T E - A S S E M B L Y
 
                               July 27, 2020
                                ___________
 
 IN  SENATE -- Introduced by Sen. PARKER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Rules
 
 IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
   A.  Cahill) -- read once and referred to the Committee on Governmental
   Operations
 
 AN ACT to amend the executive law,  in  relation  to  exempting  certain
   utility  and  other workers from state and local traveling bans during
   declared emergencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subparagraph 13 of paragraph b of subdivision 3 of section
 22 of the executive law, as amended by section 3 of part B of chapter 56
 of the laws of 2010, is amended to read as follows:
   (13) control of ingress and  egress  to  and  from  a  disaster  area,
 INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
 PRIVATE  AND  PUBLIC PERSONNEL, AS DETERMINED BY THE COMMISSION, WHO ARE
 SUMMONED BY THEIR EMPLOYERS TO ASSIST IN  EMERGENCY  SERVICES,  SUCH  AS
 UTILITY  AND OTHER WORKERS WHO NEED TO REACH DECLARED EMERGENCY AREAS IN
 ORDER TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR MAINTENANCE  OF
 ENERGY AND COMMUNICATIONS INFRASTRUCTURE;
   §  2. Subparagraph 13 of paragraph b of subdivision 7 of section 23 of
 the executive law, as amended by section 4 of part B of  chapter  56  of
 the laws of 2010, is amended to read as follows:
   (13)  control  of  ingress  and  egress  to  and from a disaster area,
 INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
 PRIVATE AND PUBLIC PERSONNEL, AS DETERMINED BY THE COMMISSION,  WHO  ARE
 SUMMONED  BY  THEIR  EMPLOYERS  TO ASSIST IN EMERGENCY SERVICES, SUCH AS
 UTILITY AND OTHER WORKERS WHO NEED TO REACH DECLARED EMERGENCY AREAS  IN
 ORDER  TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR MAINTENANCE OF
 ENERGY AND COMMUNICATIONS INFRASTRUCTURE;
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16965-01-0

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