Burdick, Paulin, Rozic, Sayegh, Seawright, Simon, Jacobson, Shimsky, Santabarbara, Lucas
 
MLTSPNSR
 
Amd §66, Pub Serv L
 
Relates to the contents of emergency response plans required to be submitted to the public service commission by electric corporations; requires such plans to include details of staffing, equipment, and ability to perform toward certain standards; requires the public service commission to establish a time-based restoration schedule.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6285
SPONSOR: Otis
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
Amends the public service law to support reasonably prompt restoration
of electrical service in the case of an emergency event. These 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 Public Service
Commission, utilizing benchmarks including, but not limited to, the
percentage of customers restored within each twenty-four hour interval
following the storm event.
 
SUMMARY OF PROVISIONS:
Section 1 amends 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) as separately amended by chapter 38 of
the laws of 2023, subparagraph (xi) as separately amended by chapter 743
of the laws of 2022 and chapter 38 of the laws of 2024, subparagraphs
(xii), (xiii) and (xiv) as amended by chapter 38 of the laws of 2024, to
support reasonably prompt restoration of service in the case of an emer-
gency event. This is accomplished by requiring that emergency 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 commission. In estab-
lishing such time-based restoration schedules, the commission should
utilize benchmarks for the restoration of service which include, but are
not limited to, the percentage of customers restored within each twen-
ty-four-hour interval following the storm and consideration of different
kinds of storm events.
Section 2 establishes that this act shall take effect immediately.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
n/a
 
JUSTIFICATION:
In 2013 the Governor and Legislature enacted strong measures in the
public service law to improve planning and oversight of storm prepared-
ness and response for electrical utility corporations. In 2019 the PSC
issued a report, "2018 WINTER AND SPRING STORMS INVESTIGATION - Case
19-M-0285" in response to failures in utility company storm preparedness
and response in 2018. In addition to directives and recommendations in
that report the PSC also upgraded storm preparedness regulatory require-
ments for utilities after the 2018 storms.
This legislation builds upon those initiatives by connecting the emer-
gency response planning process with time restoration goals to be estab-
lished by the Public Service Commission. It will help utilities achieve
the goal of "reasonably prompt restoration of service" already outlined
in the existing statute by encouraging the emergency response plans to
ensure the utilities emergency plans include resources, staffing and an
ability to restore within a reasonable timetable.
Prior to and after Superstorm Sandy, outage periods have grown as utili-
ty companies become more dependent on mutual aid from other parts of the
country instead of maintaining the practice of having sufficient local
resources and manpower to address these emergencies. Emergency response
plans acknowledge this and strike a balance between the arrival of mutu-
al aid and a utility corporation's responsibility to have local
resources and staffing available to restore service within a reasonable
period of time after a major storm event. Incorporating time-based
restoration goals will help in achieving reasonably prompt restoration
of service.
 
PRIOR LEGISLATIVE HISTORY:
A7166-A/S5600-A (Otis/COMRIE) passed assembly/REFERRED TO ENERGY AND
TELECOMMUNICATIONS
A75541/S4030-A (Otis/COMRIE) passed assembly/REFERRED TO ENERGY AND
TELECOMMUNICATIONS
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.