S T A T E   O F   N E W   Y O R K
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                                  7166--A
                                                         Cal. No. 200
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2023
                                ___________
 
 Introduced  by M. of A. OTIS, BURDICK, PAULIN, ROZIC, SAYEGH, SEAWRIGHT,
   SIMON, THIELE, ZEBROWSKI, JACOBSON, SHIMSKY -- read once and  referred
   to  the Committee on Energy -- ordered to a third reading, amended and
   ordered reprinted, retaining its place on the order of third reading

 AN ACT to amend the public service law, in relation to the  contents  of
   emergency  response  plans  required  to  be  submitted  to the public
   service commission by electric corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 21 of section 66 of the public
 service  law,  as separately amended by chapters 395 and 743 of the laws
 of 2022, subparagraph (iii) of paragraph (a) as  separately  amended  by
 chapter 38 of the laws of 2023 and subparagraph (xi) of paragraph (a) as
 separately amended by chapter 743 of the laws of 2022 and chapter 673 of
 the laws of 2023, is amended to read as follows:
   (a) Each electric corporation subject to section twenty-five-a of this
 chapter  shall  annually, on or before December fifteenth, submit to the
 commission an emergency response plan for review and approval. The emer-
 gency response plan shall be designed for the reasonably prompt restora-
 tion of service in the case of an emergency event, defined for  purposes
 of  this  subdivision as an event where widespread outages have occurred
 in the service territory of the company due to storms, cyber attack,  or
 other  causes  beyond  the control of the company. TO SUPPORT REASONABLY
 PROMPT RESTORATION OF SERVICE IN THE CASE OF AN EMERGENCY  EVENT,  EMER-
 GENCY RESPONSE PLANS SHOULD INCLUDE DETAILS OF STAFFING, EQUIPMENT AND A
 PERFORMANCE  SCHEDULE  WITH THE GOAL OF ACHIEVING RESTORATION OF SERVICE
 BASED UPON A TIME-BASED RESTORATION SCHEDULE ESTABLISHED BY THE  COMMIS-
 SION. IN ESTABLISHING SUCH TIME-BASED RESTORATION SCHEDULES, THE COMMIS-
 SION  SHOULD  UTILIZE  BENCHMARKS  FOR  THE RESTORATION OF SERVICE WHICH
 INCLUDE, BUT ARE NOT LIMITED TO, THE PERCENTAGE  OF  CUSTOMERS  RESTORED
 WITHIN  EACH TWENTY-FOUR-HOUR INTERVAL FOLLOWING THE STORM AND CONSIDER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03764-03-4
 A. 7166--A                          2
 
 ATION OF DIFFERENT KINDS OF STORM EVENTS. The  emergency  response  plan
 shall include, but need not be limited to, the following:  (i) the iden-
 tification of management staff responsible for company operations during
 an  emergency;  (ii)  a  communications  system with customers during an
 emergency that extends beyond normal business hours and business  condi-
 tions;  (iii)  identification of and outreach plans to customers who had
 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,  IV  feeding  machines,  IV  medical
 infusion  machines, oxygen concentrators, positive pressure respirators,
 respirator/ventilators, rocking bed respirators, suction  machines,  and
 tank  type  respirators;  (iv)  identification  of and outreach plans to
 customers who had documented their need  for  essential  electricity  to
 provide  critical  telecommunications, critical transportation, critical
 fuel distribution services or other large-load customers  identified  by
 the  commission;  (v)  designation  of company staff to communicate with
 local officials and appropriate  regulatory  agencies;  (vi)  provisions
 regarding  how  the  company will assure the safety of its employees and
 contractors; (vii) procedures for deploying company and mutual aid crews
 to work assignment areas; (viii) identification of  additional  supplies
 and  equipment  needed  during an emergency; (ix) the means of obtaining
 additional supplies and equipment; (x) procedures to practice the  emer-
 gency response plan; (xi) appropriate safety precautions regarding elec-
 trical  hazards,  including plans to promptly secure downed wires within
 thirty-six hours of notification of the location of  such  downed  wires
 from  a  municipal emergency official or individual; (xii) plans setting
 forth how the communication and  coordination  of  efforts  between  the
 electric  corporation,  electric  corporation employees, electric corpo-
 ration company crews, mutual aid crews, other utilities,  local  govern-
 ments  and  any other entity performing services to assist such electric
 corporation shall occur; and (xiii) such other additional information as
 the commission may require.  Each such corporation shall, on  an  annual
 basis, undertake drills implementing procedures to practice its emergen-
 cy  management  plan.  The  commission may adopt additional requirements
 consistent with ensuring the reasonably prompt restoration of service in
 the case of an emergency event.
   § 2. This act shall take effect immediately.