S T A T E O F N E W Y O R K
________________________________________________________________________
7912
2021-2022 Regular Sessions
I N A S S E M B L Y
May 28, 2021
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Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to severe weather
emergency response plans
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
28 to read as follows:
§ 28. SEVERE WEATHER EMERGENCY RESPONSE PLANS. 1. ANY PUBLIC UTILITY
AUTHORITY, UTILITY CORPORATION, TELECOMMUNICATION CARRIER PURSUANT TO 47
U.S.C. § 214(E), OR INTERNET OR BROADBAND PROVIDER, OPERATING WITHIN THE
BOUNDS OF ANY COUNTY THAT IS REQUIRED TO HAVE A LOCAL COMPREHENSIVE
EMERGENCY MANAGEMENT PLAN SHALL CREATE, WITH ASSISTANCE FROM THE APPRO-
PRIATE LOCAL COUNTY OFFICE CHARGED WITH EMERGENCY RESPONSE AND MANAGE-
MENT, A SEVERE WEATHER EMERGENCY RESPONSE PLAN AND SHALL PARTICIPATE
WITH ANY COUNTY THEY OPERATE WITHIN IN A BIANNUAL DISASTER DRILL.
2. THE PURPOSE OF SUCH PLANS SHALL BE TO MINIMIZE THE EFFECT OF DISAS-
TERS CAUSED BY SEVERE WEATHER BY (A) IDENTIFYING APPROPRIATE MEASURES TO
PREVENT DISASTERS, (B) DEVELOPING MECHANISMS TO COORDINATE THE USE OF
RESOURCES AND MANPOWER FOR SERVICE DURING AND AFTER DISASTERS AND THE
DELIVERY OF SERVICES TO AID AND REDUCE HUMAN SUFFERING RESULTING FROM A
DISASTER, AND (C) PROVIDING FOR RECOVERY AND RESTORATION OF SERVICE
AFTER DISASTERS.
3. SUCH EMERGENCY RESPONSE PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) DISASTER PREVENTION AND MITIGATION. PLANS TO PREVENT AND MINIMIZE
THE EFFECTS OF DISASTERS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) IDENTIFICATION OF HAZARDS AND ASSESSMENT OF RISK;
(II) RECOMMENDED DISASTER PREVENTION AND MITIGATION PROJECTS, POLI-
CIES, PRIORITIES AND PROGRAMS, WITH SUGGESTED IMPLEMENTATION SCHEDULES;
AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10283-01-1
A. 7912 2
(III) SUCH OTHER MEASURES AS REASONABLY CAN BE TAKEN TO PROTECT LIVES,
PREVENT DISASTERS, AND REDUCE THEIR IMPACT.
(B) DISASTER RESPONSE. PLANS TO COORDINATE THE USE OF RESOURCES AND
MANPOWER FOR SERVICE DURING AND AFTER DISASTERS AND TO DELIVER SERVICES
TO AID AND REDUCE HUMAN SUFFERING RESULTING FROM A DISASTER SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(I) COORDINATION OF RESOURCES, MANPOWER AND SERVICES, USING RECOGNIZED
PRACTICES IN INCIDENT MANAGEMENT, UTILIZING EXISTING ORGANIZATIONS AND
LINES OF AUTHORITY AND CENTRALIZED DIRECTION OF REQUESTS FOR ASSISTANCE;
(II) THE LOCATION, PROCUREMENT, CONSTRUCTION, PROCESSING, TRANSPORTA-
TION, STORING, MAINTENANCE, RENOVATION, DISTRIBUTION, DISPOSAL OR USE OF
MATERIALS;
(III) A SYSTEM FOR WARNING POPULATIONS WHO ARE OR MAY BE ENDANGERED;
(IV) A SPECIFIC PLAN FOR RAPID AND EFFICIENT COMMUNICATION, INCLUDING
THE ASSIGNMENT OF RESPONSIBILITIES AND THE ESTABLISHMENT OF COMMUNI-
CATION PRIORITIES AND LIAISON WITH MUNICIPAL, STATE AND FEDERAL GOVERN-
MENTS;
(V) CRITERIA FOR ESTABLISHING PRIORITIES WITH RESPECT TO THE RESTORA-
TION OF VITAL SERVICES AND DEBRIS REMOVAL;
(VI) PROVIDING INFORMATION TO THE PUBLIC; AND
(VII) PROCEDURES UNDER WHICH THE COUNTY, CITY, TOWN, VILLAGE OR OTHER
POLITICAL SUBDIVISION WILL BE CONTACTED IN THE EVENT OF A DISASTER.
(C) RECOVERY. PLANS TO PROVIDE FOR RECOVERY AND RESTORATION OF SERVICE
AFTER DISASTERS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) RECOMMENDATIONS FOR REPLACEMENT, RECONSTRUCTION, REMOVAL OR RELO-
CATION OF DAMAGED OR DESTROYED FACILITIES, INFRASTRUCTURE, OR EQUIPMENT,
AND PROPOSED RECOMMENDATIONS TO MINIMIZE THE IMPACT OF ANY POTENTIAL
FUTURE DISASTERS;
(II) PROVISIONS FOR COOPERATION WITH LOCAL, STATE, AND FEDERAL AGEN-
CIES IN RECOVERY EFFORTS; AND
(III) PROVISIONS FOR EDUCATING LOCAL DISASTER OFFICIALS OR ORGANIZA-
TIONS ON THE SEVERE WEATHER EMERGENCY RESPONSE PLAN.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.