•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00025 Summary:

BILL NOA00025
 
SAME ASSAME AS S03275
 
SPONSORCahill
 
COSPNSRBichotte Hermelyn, Otis
 
MLTSPNSR
 
Amd 22 & 23, Exec L
 
Exempts certain utility and other workers from state and local traveling bans during declared emergencies.
Go to top    

A00025 Actions:

BILL NOA00025
 
01/06/2021referred to governmental operations
01/05/2022referred to governmental operations
05/24/2022reported referred to rules
05/31/2022reported
05/31/2022rules report cal.435
05/31/2022ordered to third reading rules cal.435
05/31/2022passed assembly
05/31/2022delivered to senate
05/31/2022REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
06/02/2022SUBSTITUTED FOR S3275
06/02/20223RD READING CAL.1131
06/02/2022PASSED SENATE
06/02/2022RETURNED TO ASSEMBLY
Go to top

A00025 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A25
 
SPONSOR: Cahill
  TITLE OF BILL: An act to amend the executive law, in relation to exempting certain utility and other workers from state and local traveling bans during declared emergencies   PURPOSE: The purpose of the bill is to permit utility and other workers to access local and/or state declared disaster areas during periods of travel bans in order to allow them to perform necessary services related to the restoration and/or maintenance of energy and communications infrastruc- ture.   SUMMARY OF PROVISIONS: Section 1 of the bill would amend Section 22 of the Executive Law, which deals with state disaster preparedness plans. These plans would be required to include provisions that exempt from travel bans implemented by state officials those essential private and public personnel, as determined by the state disaster preparedness commission, that are involved in providing emergency services to declared disaster areas, including utility and other workers who are tasked with restoring power, heat, communications and related activities. Section 2 would amend Section 23 of the Executive Law, which deals with local comprehensive emergency management plans. These plans would be required to include provisions that exempt from travel bans implemented by local officials those essential private and public personnel, as determined by the state disaster preparedness commission, that are involved in providing emergency services to declared disaster areas, including utility and other workers who are tasked with restoring power, heat, communications and related activities. Section 3 would set forth an immediate effective date.   JUSTIFICATION: The role of utility and other workers is a critical component to emer- gency preparedness and response, as their ability to access disaster areas is directly attributable to the restoration of power and communi- cations to a given community. Some communities have experienced longterm power and communications outages of weeks or days during recent storms such as Hurricane Irene, Tropical Storm Lee, and Super Storm Sandy in no small part because utility personnel were barred from physically access- ing the electric and communications infrastructure that needed repair. Anecdotally, some areas across the state permit utility and other work- ers to travel during disaster periods if law enforcement allows for it while most areas prohibit their travel outright - essentially turning a "blind eye" to the travel ban in the overall interest of the public welfare. This bill seeks to add statewide clarity, uniformity, and general permission for utility and other workers to travel to and from disaster areas in order to restore power and communications and provide maintenance services for communities that have been affected by a natural or man-made catastrophic event. This bill does not mandate that a state or local governing entity actually provide these personnel; it only prescribes that such personnel are exempted from travel bans that are otherwise in effect throughout the state, county, town, or village.   LEGISLATIVE HISTORY: 2020: A10889 - Referred to Governmental Operations A previous version of this bill, A8059A of 2015, was vetoed; however, this updated version intends to address the veto message regarding a "blanket exemption to travel bans for utility workers" by placing discretion upon the state disaster preparedness commission to determine which utility personnel should be excluded from state and local travel bans.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
Go to top

A00025 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           25
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to  amend  the  executive law, in relation to exempting certain
          utility and other workers from state and local traveling  bans  during
          declared emergencies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph 13 of paragraph b of subdivision 3 of  section
     2  22 of the executive law, as amended by section 3 of part B of chapter 56
     3  of the laws of 2010, is amended to read as follows:
     4    (13)  control  of  ingress  and  egress  to  and from a disaster area,
     5  including but not limited to, exempting from travel bans those essential
     6  private and public personnel, as determined by the commission,  who  are
     7  summoned  by  their  employers  to assist in emergency services, such as
     8  utility and other workers who need to reach declared emergency areas  in
     9  order  to perform tasks related to the restoration and/or maintenance of
    10  energy and communications infrastructure;
    11    § 2. Subparagraph 13 of paragraph b of subdivision 7 of section 23  of
    12  the  executive  law,  as amended by section 4 of part B of chapter 56 of
    13  the laws of 2010, is amended to read as follows:
    14    (13) control of ingress and  egress  to  and  from  a  disaster  area,
    15  including but not limited to, exempting from travel bans those essential
    16  private  and  public personnel, as determined by the commission, who are
    17  summoned by their employers to assist in  emergency  services,  such  as
    18  utility  and other workers who need to reach declared emergency areas in
    19  order to perform tasks related to the restoration and/or maintenance  of
    20  energy and communications infrastructure;
    21    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01707-01-1
Go to top