New York State Assembly

 
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A03217 Summary:

A03217 Actions:

A03217 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Paulin      
DATE:02/08/2022AYE/NAY:24/0  Action: Favorable         
Paulin
Aye
Lemondes
Aye
Cook
Aye
Blankenbush
Aye
Galef
Aye
Friend
Aye
Quart
Excused
Lalor
Aye
Otis
Aye
Palmesano
Aye
Rozic
Aye
Angelino
Aye
Kim
Aye
Jensen
Aye
Seawright
Aye
Dilan
Aye
Pheffer Amato
Aye
Vanel
Aye
Carroll
Aye
Niou
Aye
Fall
Aye
Jean-Pierre
Aye
Gonzalez-Rojas
Aye
Zinerman
Aye
Tapia
Aye

A03217 Floor Votes:

A03217 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3217A
 
SPONSOR: Sayegh

 
TITLE OF BILL:
 
An act to amend the public service law and the public authorities law,
in relation to defining medical needs for essential electricity and to
require certain service providers' emergency response plans to include
outreach plans for customers who have documented their need for essen-
tial electricity for medical needs
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This legislation would add a definition of medically necessary machines
that qualify individuals for documentation as needing essential elec-
tricity for their medical needs.
 
 
SUMMARY OF PROVISIONS:
 
Subparagraph (iii) of paragraph (a) of subdivision 21 of section 66 of
the public service law to define customers who need essential electric-
ity for medical needs. This definition includes but is not limited to
apnea monitors for infants, curiass respirators, hemodialysis machines,
IV feeding machines, IN medical infusion machines, oxygen concentrators,
positive pressure respirators, respirators/ventilators, rocking bed
respirators, suction machines, tank type respirators, as well as any
medical equipment or equipment necessary for an individual whose diagno-
sis is likely to be significantly triggered or exacerbated by a contin-
ued loss of power that will adversely impact that individual's health.
 
Section 2 amends Paragraph 1 of subdivision (cc) of section 1020-f of
the public services law to make additions to the emergency response
plan. Specifically such emergency response plan shall include identifi-
cation of customers who have documented their need for essential elec-
tricity for medical needs which includes but is not limited to apnea
monitors for infants, curiass respirators, hemodialysis machines, IV
feeding machines, IN medical infusion machines, oxygen concentrators,
positive pressure respirators, respirators/ventilators, rocking bed
respirators, suction machines, tank type respirators, as well as any
medical equipment or equipment necessary for an individual whose diagno-
sis is likely to be significantly triggered or exacerbated by a contin-
ued loss of power that will adversely impact that individual's health.
 
Section 3 is the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Added language to Section 2 amending Paragraph 1 of subdivision (CC) of
section 1020-f of the public services law to make additions to the emer-
gency response plan.
 
 
JUSTIFICATION:

Under current law, electric companies must identify and conduct outreach
to customers who have documented their need for electricity to operate
their medical equipment, however there is no definition of what types of
devices would qualify for the need for essential electricity. This
legislation enumerates specific machinery, but is not limited to what is
listed, this legislation also takes into account any medical equipment
or equipment necessary for individuals who will be significantly
impacted by a continued loss of power. Currently many individuals who
need essential electricity are able to communicate with their electric
company, however Tropical Storm Isais has proven that there are signif-
icantly more who were left behind. This legislation seeks.  to protect
all individuals whose loss of power to their medical equipment or other
equipment could be devastating for. From a newborn who need an apnea
monitor, to an individual with COPD who needs an oxygen concentrator, to
someone with debilitating asthma triggered by heat and humidity, this
legislation will save countless lives.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2019-20: S.8898/A.10991 (Sayegh)
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect immediately

A03217 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3217--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by M. of A. SAYEGH, DICKENS, GRIFFIN, GALEF, SIMON, BUTTENS-
          CHON, MONTESANO, SEAWRIGHT, DeSTEFANO -- read once and referred to the
          Committee on Consumer Affairs and Protection -- reference  changed  to
          the  Committee on Corporations, Authorities and Commissions -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        AN  ACT  to amend the public service law and the public authorities law,
          in relation to defining medical needs for essential electricity and to
          require certain service providers' emergency response plans to include
          outreach plans for customers who have documented their need for essen-
          tial electricity for medical needs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (iii) of paragraph (a) of subdivision 21 of
     2  section 66 of the public service law, as added by section 4 of part X of
     3  chapter 57 of the laws of 2013, is amended to read as follows:
     4    (iii) identification of and outreach plans to customers who had  docu-
     5  mented  their  need  for  essential electricity for medical needs, which
     6  shall include but not be limited to, apnea monitors for infants, cuirass
     7  respirators, hemodialysis machines,  IV  feeding  machines,  IV  medical
     8  infusion  machines, oxygen concentrators, positive pressure respirators,
     9  respirator/ventilators, rocking bed respirators, suction machines,  tank
    10  type  respirators,  as well as any medical equipment or equipment neces-
    11  sary for an individual whose diagnosis is  likely  to  be  significantly
    12  triggered or significantly exacerbated by a continued loss of power that
    13  will adversely impact that individual's health;
    14    §  2.  Paragraph 1 of subdivision (cc) of section 1020-f of the public
    15  authorities law, as added by section 7 of part A of chapter 173  of  the
    16  laws of 2013, is amended to read as follows:
    17    1.  The  service  provider  shall, in consultation with the authority,
    18  prepare and maintain an  emergency  response  plan  (i)  to  assure  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02589-04-1
        A. 3217--A                          2
 
     1  reasonably  prompt  restoration  of  service in the case of an emergency
     2  event, defined for purposes of this subdivision as an event where  wide-
     3  spread outages have occurred in the authority's service territory due to
     4  a  storm  or  other  causes  beyond the control of the authority and the
     5  service provider, (ii) consistent with the requirements of paragraph (a)
     6  of subdivision twenty-one of section sixty-six of the public service law
     7  and any regulations and orders adopted thereto, and  (iii)  establishing
     8  the  separate  responsibilities  of  the authority and service provider.
     9  Such  emergency  response  plan  shall  include  identification  of  and
    10  outreach  plans  for customers who have documented their need for essen-
    11  tial electricity for medical needs,  which  shall  include  but  not  be
    12  limited  to, apnea monitors for infants, cuirass respirators, hemodialy-
    13  sis machines, intravenous feeding machines, intravenous medical infusion
    14  machines,   oxygen   concentrators,   positive   pressure   respirators,
    15  respirators/ventilators, rocking bed respirators, suction machines, tank
    16  type  respirators,  as well as any medical equipment or equipment neces-
    17  sary for an individual whose diagnosis is  likely  to  be  significantly
    18  triggered or significantly exacerbated by a continued loss of power that
    19  will adversely impact that individual's health.
    20    § 3. This act shall take effect immediately.

A03217 LFIN:

 
NO LFIN

A03217 Chamber Video/Transcript: