S T A T E O F N E W Y O R K
________________________________________________________________________
8695
I N S E N A T E
March 1, 2024
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
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 743 of the laws of 2022 and chapter 38 of the laws of 2023, 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, and
tank type respirators. 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 ESSENTIAL 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;
§ 2. Paragraph 1 of subdivision (cc) of section 1020-f of the public
authorities law, as separately amended by chapter 395 of the laws of
2022 and chapter 38 of the laws of 2023, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01666-05-4
S. 8695 2
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, and tank type respirators. SUCH
OUTREACH PLANS SHALL ALSO INCLUDE PROVISIONS REGARDING 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.
§ 3. This act shall take effect immediately.