NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9269
SPONSOR: Carroll R TITLE OF BILL:
An act to amend the public service law, in relation to granting the
governor power to effectuate emergency disconnections of utilities
PURPOSE OR GENERAL IDEA OF BILL:
To clarify that the Governor's emergency disconnection authority
concerning electricity, gas, and water extends to emergencies created by
violations of certain health and safety laws and regulations.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 clarifies that the Governor may issue an order to disconnect
electricity and gas utilities from a building or unit when its occupants
violate one or more of a set of laws and regulations relating to health
and safety, the violation threatens the health or safety of individuals
or the community, and the disconnection of service will contribute to
resolving the emergency. This disconnection ends when the Governor
determines that the emergency has been resolved. It also mandates a
report to the Speaker of the Assembly and the Temporary President of the
Senate whenever the authority is used and annual reports for the legis-
lature concerning the usage of the authority.
Section 2 makes the same clarifications and creates the same reporting
requirements for orders to disconnect water utilities due to an emergen-
cy.
JUSTIFICATION:
Section 13.13 of Title 16 of the New York Codes, Rules, and Regulations
provides, pursuant to general authority granted under the public service
law, that emergency disconnections of utilities may occur when an emer-
gency threatens the health or safety of a.person or the surrounding
area.
This bill clarifies the precise scope of the emergency disconnection
authority outside of cases when the utility is the cause of the emergen-
cy. It resolves potential concerns about abuse of discretion by placing
the authority with the Governor and by imposing reporting requirements.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately.
