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A11018 Summary:

BILL NOA11018
 
SAME ASSAME AS S08922
 
SPONSORRules (Thiele)
 
COSPNSR
 
MLTSPNSR
 
Amd 1020-s, Pub Auth L
 
Authorizes an investigation by the public service commission during a declared state of emergency to review the performance of the Long Island power authority and any of its service providers in restoring service or otherwise meeting the requirements of the emergency response plan during an emergency event.
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A11018 Actions:

BILL NOA11018
 
09/09/2020referred to corporations, authorities and commissions
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A11018 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A11018
 
SPONSOR: Rules (Thiele)
  TITLE OF BILL: An act to amend the public authorities law, in relation to authorizing an investigation by the public service commission during a declared state of emergency   PURPOSE OR GENERAL IDEA OF BILL: This bill authorizes the public service commission to investigate any persistent and widespread power outage in the LIPA service area during a declared disaster emergency.   SUMMARY OF PROVISIONS: Section 1. Amends the Public Authorities Law section 1020-s, as it relates to exceptions for jurisdiction by the Public Service Commission by allowing the Commission to investigate, make findings and issue penalties against LIPA and its service providers for failure to adhere to their emergency management plan during a persistent and widespread power outage occurring during a declared disaster emergency. Section 2. Provides that this act shall take effect immediately.   JUSTIFICATION: This bill allows the Public Service Commission to initiate an investi- gation of any widespread and persistent power outage within the LIPA service territory when a disaster emergency is declared in the service area by the Governor pursuant to Article 2-B of the Executive Law. This bill is necessary in light of the devastating impact that prolonged power outages had on residents of Long Island during Tropical Storm Isaias, were questions arose regarding the implementation of PSEG-LI's emergency preparedness plans. The Public Service Commission would be empowered, after investigation, to hold LIPA and its service providers liable for any failure to reasonably implement its emergency response plan. Penalties would include denial of recovery of any part of the service restoration costs commensurate with the degree and impact of the service outage. The Public Service Commission currently has the author- ity to conduct such investigations, make findings and issue penalties for all other utilities as it relates to the implementation of their emergency management plans.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A11018 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11018
 
                   IN ASSEMBLY
 
                                    September 9, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
          read once and referred to the Committee on  Corporations,  Authorities
          and Commissions
 
        AN  ACT  to amend the public authorities law, in relation to authorizing
          an investigation by the public service commission  during  a  declared
          state of emergency

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1020-s of the public authorities law, as  added  by
     2  chapter  517 of the laws of 1986, is amended by adding a new subdivision
     3  3 to read as follows:
     4    3. Notwithstanding the foregoing provisions, if the governor  declares
     5  a  state  declaration  of disaster emergency pursuant to section twenty-
     6  eight of the executive law where the affected area includes any  portion
     7  of the service territory, and such area experiences any widespread power
     8  outage  persisting for a period of seventy-two hours or more, the public
     9  service commission may open an investigation to review  the  performance
    10  of  the  authority and any of its service providers in restoring service
    11  or otherwise meeting the requirements of  the  emergency  response  plan
    12  during  an  emergency  event.  If,  after  evidentiary hearings or other
    13  investigatory proceedings, the public service commission finds that  the
    14  authority  or  its  service providers failed to reasonably implement its
    15  emergency response plan or the length of outages were materially  longer
    16  than  they  would  have  been,  because of such authority or its service
    17  providers failure to reasonably implement its emergency  response  plan,
    18  the  public  service commission may deny the recovery of any part of the
    19  service restoration costs caused by such failure, commensurate with  the
    20  degree and impact of the service outage.
    21    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17139-02-0
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