S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6795
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced  by  M. of A. PALMESANO, ANGELINO, BENDETT, E. BROWN, MANKTE-
   LOW, SIMPSON, GALLAHAN, GANDOLFO,  BEEPHAN,  SMULLEN,  TAGUE,  SLATER,
   BLUMENCRANZ,  DeSTEFANO,  JENSEN,  LEMONDES,  MAHER  --  read once and
   referred to the Committee on Governmental Operations
 
 AN ACT  directing  the  division  of  homeland  security  and  emergency
   services  to  conduct a study on the public safety implications of the
   electrification of buildings and  the  transportation  sector  in  the
   context  of  emergency response in adverse conditions; exempting emer-
   gency services vehicles and heavy equipment from the  requirements  of
   the  climate  leadership  and  community  protection  act of 2019; and
   prohibiting the use of battery packs which contain cobalt mined compo-
   nents for primary propulsion of emergency services vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The legislature finds that, since the
 passage of the Climate Leadership and Community Protection Act  in  2019
 and  the  release of the New York Climate Action Council's Final Scoping
 Plan in 2022, insufficient attention has been devoted to rigorous  exam-
 ination  of  the  consequences of New York's building and transportation
 electrification mandates on all aspects of emergency response, especial-
 ly during power outages, storms and other adverse  and  dangerous  situ-
 ations.
   The legislature further finds and contends that relying on a function-
 ing  electrical  grid  to power the vehicles and other equipment used to
 prepare for, and respond to, emergency situations may lead to  an  unac-
 ceptable  loss  of  tactical and operational flexibility, when emergency
 services are called upon, as these vehicles and other pieces  of  equip-
 ment  are  most  likely  to be called upon during adverse weather events
 when a local or regional electrical grid may not be functional or  reli-
 able  enough to enable its use to charge and recharge such assets. Emer-
 gency response vehicles, generators, and other tools and assets used  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08918-01-5
              

 A. 6795                             2
 
 emergency  situations are currently able to function in the absence of a
 reliable source of electricity through the use of  fossil  fuels,  which
 may  be carried in portable containers as the need arises; removing such
 a  capability  via legislative mandate, without known resilient alterna-
 tives, would, in all likelihood, subject New Yorkers to an  unacceptable
 level  of  risk  during  storms, power outages and other dangerous situ-
 ations.
   In order to properly assess the risks that the  State's  building  and
 transportation  electrification  efforts  present  to emergency response
 plans, personnel and equipment, the legislature hereby directs the divi-
 sion of homeland security and emergency services to conduct a  study  on
 the  public  safety implications of the electrification of buildings and
 the transportation sector  in  the  context  of  emergency  response  in
 adverse conditions and to promulgate rules and regulations necessary for
 effectuating its findings and recommendations.
   §  2.  1.  The  division  of homeland security and emergency services,
 within nine months of the effective date of this act,  shall  conduct  a
 study on the public safety implications of the electrification of build-
 ings  and the transportation sector in the context of emergency response
 in adverse conditions. Such study shall include, but not be limited  to,
 the following:
   (a) an assessment of the current state of technology related to build-
 ing and transportation electrification, as of the date of the study, and
 an  evaluation  of  the  potential  limitations that such technology may
 impose on emergency preparedness and response;
   (b) an evaluation of the strengths and weaknesses of heating and cool-
 ing provided by heat pumps powered by renewable energy systems to  emer-
 gency  services,  particularly  in  the  winter  months, adverse weather
 conditions, and power outages;
   (c) an examination of the impact of electrification on the reliability
 of emergency services during the transition to a renewable energy system
 and a zero emissions electric system, pursuant to section  66-p  of  the
 public  service law, considering factors such as load, voltage sags, and
 mechanisms to maintain reliability when solar and wind resources are not
 generating  power,  especially  during  adverse  weather  events,  power
 outages, and periods of unseasonable heat or unseasonable cold;
   (d)  an  investigation of the potential hazards and drawbacks of elec-
 trifying emergency vehicles or other heavy equipment used for  emergency
 management  tasks,  with a particular focus on operations in the absence
 of a functioning electrical grid,  during  power  outages,  unseasonable
 heat, and in unseasonable cold conditions; and
   (e)  an examination of the impact of complying with chapter 106 of the
 laws of 2019 on the reliability of the natural gas system and the  elec-
 tric  system  for  emergency  services in the state and their ability to
 function during adverse weather events.
   2. The division, along with any retained  contractors,  shall  consult
 with  entities  possessing  resources and expertise to contribute to the
 study. Such entities shall include, but  are  not  limited  to,  vehicle
 manufacturers,  HVAC  manufacturers  and installers, engineers, electric
 corporations, electricity generating companies, gas corporations,  trade
 organizations, and other stakeholders.
   3.  The  division  of  homeland  security and emergency services shall
 consult with, and is authorized to receive any information that is rele-
 vant and material to the completion of the study from, the  Long  Island
 power  authority,  the  power  authority  of  the state of New York, the
 federally designated electric bulk system operator,  the  department  of
 A. 6795                             3

 public  service,  the  New  York  state  energy research and development
 authority, the department of environmental conservation, the  department
 of  transportation,  the  office of fire prevention and control, and the
 major  gas  and  electric utilities in the state. Such entities shall be
 consulted by the division and are directed to comply with  any  requests
 of  the  division  necessary  to  complete  the study.   Any information
 received by the division pursuant to this subdivision shall  be  subject
 to  the same requirements for confidentiality and limitations on use, if
 any, as are applicable to the division's use of such information.
   4. Upon completion of the study, the division shall prepare  a  report
 with  findings  for: the promulgation of rules and regulations necessary
 for effectuating the intent of the findings and recommendations,  within
 the  authority  of  existing  law,  made  by the report; any recommended
 future courses of action, along with recommended legislation for  enact-
 ment  of  such  courses  of  action;  and those issues requiring further
 investigation, if any. The division shall submit such report, along with
 the study, to the governor, the speaker of the  assembly,  the  minority
 leader  of  the  assembly,  the  temporary  president of the senate, the
 minority leader of the senate, the chair of the assembly energy  commit-
 tee,  the  ranking member of the assembly energy committee, the chair of
 the senate energy and telecommunications committee, the  ranking  member
 of  the senate energy and telecommunications committee, the chair of the
 assembly governmental operations committee, the ranking  member  of  the
 assembly  governmental  operations  committee,  the  chair of the senate
 governmental operations committee, the  ranking  member  of  the  senate
 governmental operations committee, and the chairs and ranking members of
 both  the assembly ways and means and senate finance committees no later
 than thirty days after the study's completion.
   5. Within ninety days of completion of the report of the study's find-
 ings, the division shall promulgate rules and regulations necessary  for
 effectuating the intent of the recommendations made by the report.
   § 3. Notwithstanding any provision of law or regulation, including but
 not  limited  to chapter 106 of the laws of 2019, to the contrary, emer-
 gency services vehicles and heavy equipment shall be exempt from all  of
 the  provisions of chapter 106 of the laws of 2019, including any recom-
 mendations put forth by the Climate Action Council established  by  that
 chapter,  pending  the  conclusion  of the study and the promulgation of
 associated rules and regulations pursuant to section two  of  this  act.
 For  the  purposes  of  this  section, "emergency services vehicles" are
 defined as in sections 101 and 114-b of the vehicle and traffic law.
   § 4. Notwithstanding any provision of law or regulation, including but
 not limited to sections 101 and 114-b of the vehicle and traffic law, as
 amended by chapter 496 of the laws of 2021, to the contrary, the use  of
 battery  packs  which  contain  cobalt  mined  components, or reasonably
 suspected of being mined via child labor, for primary  propulsion  shall
 be  prohibited  within any of the vehicles described by sections 101 and
 114-b of the vehicle and traffic law.
   § 5. This act shall take effect immediately.