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.
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
