S T A T E O F N E W Y O R K
________________________________________________________________________
538
2023-2024 Regular Sessions
I N A S S E M B L Y
January 9, 2023
___________
Introduced by M. of A. SAYEGH, DICKENS, SEAWRIGHT, DeSTEFANO, THIELE,
SANTABARBARA, TAGUE, DURSO, LEMONDES -- Multi-Sponsored by -- M. of A.
MILLER -- read once and referred to the Committee on Corporations,
Authorities and Commissions
AN ACT to amend the public service law and the public authorities law,
in relation to requiring electric companies to provide alternative
measures to ensure customers are able to maintain their health and
well-being during power outages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iii) of paragraph (a) of subdivision 21 of
section 66 of the public service law, as separately amended by chapters
395 and 727 of the laws of 2022, is amended to read as follows:
(iii) identification of and outreach plans to customers who had docu-
mented their need for essential electricity for medical needs, which
shall include but not be limited to, apnea monitors for infants, cuirass
respirators, hemodialysis machines, IV feeding machines, IV medical
infusion machines, oxygen concentrators, positive pressure respirators,
respirator/ventilators, rocking bed respirators, suction machines, tank
type respirators, as well as any medical equipment or equipment neces-
sary for an individual whose diagnosis is likely to be significantly
triggered or significantly exacerbated by a continued loss of power that
will adversely impact that individual's health. SUCH OUTREACH PLANS
SHALL INCLUDE PROVISIONS REGARDING HOW SUCH CUSTOMERS WILL BE PROVIDED
WITH ALTERNATIVE MEASURES TO ENSURE THEIR HEALTH AND WELL-BEING IF POWER
CANNOT ADEQUATELY BE PROVIDED. SUCH PROVISIONS SHALL INCLUDE PROVIDING
ELECTRIC GENERATORS OR LODGING FOR THE INDIVIDUAL REQUIRING SUCH ESSEN-
TIAL ELECTRICITY FOR MEDICAL NEEDS AND SHALL ALSO INCLUDE TRANSPORTATION
OF MEDICAL DEVICES, AS NEEDED. SUCH PROVISIONS SHALL ALSO SPECIFY THAT
ANY COST INCURRED BY AN ELECTRIC COMPANY IN PROVIDING SUCH ALTERNATIVE
MEASURES SHALL NOT BE BORNE BY RATE PAYERS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01666-03-3
A. 538 2
§ 2. Subparagraph (iii) of paragraph (a) of subdivision 21 of section
66 of the public service law, as separately amended by chapters 395, 727
and 743 of the laws of 2022, is amended to read as follows:
(iii) identification of and outreach plans to customers who had docu-
mented their need for essential electricity for medical needs, which
shall include but not be limited to, apnea monitors for infants, cuirass
respirators, hemodialysis machines, IV feeding machines, IV medical
infusion machines, oxygen concentrators, positive pressure respirators,
respirator/ventilators, rocking bed respirators, suction machines, tank
type respirators, as well as any medical equipment or equipment neces-
sary for an individual whose diagnosis is likely to be significantly
triggered or significantly exacerbated by a continued loss of power that
will adversely impact that individual's health. SUCH OUTREACH PLANS
SHALL INCLUDE PROVISIONS REGARDING HOW SUCH CUSTOMERS WILL BE PROVIDED
WITH ALTERNATIVE MEASURES TO ENSURE THEIR HEALTH AND WELL-BEING IF POWER
CANNOT ADEQUATELY BE PROVIDED. SUCH PROVISIONS SHALL INCLUDE PROVIDING
ELECTRIC GENERATORS OR LODGING FOR THE INDIVIDUAL REQUIRING SUCH ESSEN-
TIAL ELECTRICITY FOR MEDICAL NEEDS AND SHALL ALSO INCLUDE TRANSPORTATION
OF MEDICAL DEVICES, AS NEEDED. SUCH PROVISIONS SHALL ALSO SPECIFY THAT
ANY COST INCURRED BY AN ELECTRIC COMPANY IN PROVIDING SUCH ALTERNATIVE
MEASURES SHALL NOT BE BORNE BY RATE PAYERS;
§ 3. Paragraph 1 of subdivision (cc) of section 1020-f of the public
authorities law, as separately amended by chapters 395 and 727 of the
laws of 2022, is amended to read as follows:
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.
Such emergency response plan shall include plans setting forth how the
communication and coordination of efforts between the authority, service
provider, authority employees, service provider employees, authority
company crews, service provider company crews, mutual aid crews, other
utilities, local governments and any service provider or other entity
performing services to assist the authority shall occur. Such emergency
response plan shall include identification of and outreach plans for
customers who have documented their need for essential electricity for
medical needs, which shall include but not be limited to, apnea monitors
for infants, cuirass respirators, hemodialysis machines, intravenous
feeding machines, intravenous medical infusion machines, oxygen concen-
trators, positive pressure respirators, respirators/ventilators, rocking
bed respirators, suction machines, tank type respirators, as well as any
medical equipment or equipment necessary for an individual whose diagno-
sis is likely to be significantly triggered or significantly exacerbated
by a continued loss of power that will adversely impact that individ-
ual's health. SUCH OUTREACH PLANS SHALL ALSO INCLUDE PROVISIONS REGARD-
ING HOW CUSTOMERS WILL BE PROVIDED WITH ALTERNATIVE MEASURES TO ENSURE
THEIR HEALTH AND WELL-BEING IF POWER CANNOT ADEQUATELY BE PROVIDED. SUCH
PROVISIONS SHALL INCLUDE PROVIDING ELECTRIC GENERATORS OR LODGING FOR
ANY INDIVIDUAL REQUIRING ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS AND
SHALL ALSO INCLUDE TRANSPORTATION OF MEDICAL DEVICES, AS NEEDED.
A. 538 3
§ 4. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the same date and in the
same manner as section 6 of chapter 743 of the laws of 2022, takes
effect.