NY State Senate Bill 2019-S8922

Senate Bill S8922

2019-2020 Legislative Session

Relates to authorizing an investigation by the public service commission during a declared state of emergency

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 19, 2020	referred to rules

2019-S8922 (ACTIVE) - Details

See Assembly Version of this Bill:: A11018
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Amd §1020-s, Pub Auth L

2019-S8922 (ACTIVE) - Summary

Authorizes an investigation by the public service commission during a declared state of emergency to review the performance of the Long Island power authority and any of its service providers in restoring service or otherwise meeting the requirements of the emergency response plan during an emergency event.

2019-S8922 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8922

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to authorizing
an investigation by the public service commission during a declared
state of emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes the public service commission to investigate any
persistent and widespread power outage in the LIPA service area during a
declared disaster emergency.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the Public Authorities Law section 1020-s, as it
relates to exceptions for jurisdiction by the Public Service Commission
by allowing the Commission to investigate, make findings and issue
penalties against LIPA and its service providers for failure to adhere

to their emergency management plan during a persistent and widespread
power outage occurring during a declared disaster emergency.

Section 2. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

This bill allows the Public Service Commission to initiate an investi-
gation of any widespread and persistent power outage within the LIPA
service territory when a disaster emergency is declared in the service
area by the Governor pursuant to Article 2-B of the Executive Law. This
bill is necessary in light of the devastating impact that prolonged
power outages had on residents of Long Island during Tropical Storm
Isaias, were questions arose regarding the implementation of PSEGLI's
emergency preparedness plans.

The Public Service Commission would be empowered, after investigation,
to hold LIPA and its service providers liable for any failure to reason-
ably implement its emergency response plan. Penalties would include
denial of recovery of any part of the service restoration costs commen-
surate with the degree and impact of the service outage.  The Public
Service Commission currently has the authority to conduct such investi-
gations, make findings and issue penalties for all other utilities as it
relates to the implementation of their emergency management plans

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8922 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8922
 
                             I N  S E N A T E
 
                              August 19, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   an  investigation  by  the public service commission during a declared
   state of emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1020-s of the public authorities law, as added by
 chapter 517 of the laws of 1986, is amended by adding a new  subdivision
 3 to read as follows:
   3.  NOTWITHSTANDING THE FOREGOING PROVISIONS, IF THE GOVERNOR DECLARES
 A STATE DECLARATION OF DISASTER EMERGENCY PURSUANT  TO  SECTION  TWENTY-
 EIGHT  OF THE EXECUTIVE LAW WHERE THE AFFECTED AREA INCLUDES ANY PORTION
 OF THE SERVICE TERRITORY, AND SUCH AREA EXPERIENCES ANY WIDESPREAD POWER
 OUTAGE PERSISTING FOR A PERIOD OF SEVENTY-TWO HOURS OR MORE, THE  PUBLIC
 SERVICE  COMMISSION  MAY OPEN AN INVESTIGATION TO REVIEW THE PERFORMANCE
 OF THE AUTHORITY AND ANY OF ITS SERVICE PROVIDERS IN  RESTORING  SERVICE
 OR  OTHERWISE  MEETING  THE  REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN
 DURING AN EMERGENCY EVENT.  IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER
 INVESTIGATORY  PROCEEDINGS, THE PUBLIC SERVICE COMMISSION FINDS THAT THE
 AUTHORITY OR ITS SERVICE PROVIDERS FAILED TO  REASONABLY  IMPLEMENT  ITS
 EMERGENCY  RESPONSE PLAN OR THE LENGTH OF OUTAGES WERE MATERIALLY LONGER
 THAN THEY WOULD HAVE BEEN, BECAUSE OF  SUCH  AUTHORITY  OR  ITS  SERVICE
 PROVIDERS  FAILURE  TO REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN,
 THE PUBLIC SERVICE COMMISSION MAY DENY THE RECOVERY OF ANY PART  OF  THE
 SERVICE  RESTORATION COSTS CAUSED BY SUCH FAILURE, COMMENSURATE WITH THE
 DEGREE AND IMPACT OF THE SERVICE OUTAGE.
   § 2. This act shall take effect immediately.
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17139-02-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.