NY State Senate Bill 2013-S3783

Senate Bill S3783

2013-2014 Legislative Session

Relates to emergency disconnections of certain public utilities during a state disaster emergency or local state of emergency

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2013	recommit, enacting clause stricken
Feb 15, 2013	referred to energy and telecommunications

co-Sponsors

2013-S3783 (ACTIVE) - Details

See Assembly Version of this Bill:: A6241
Law Section:: Public Service Law
Laws Affected:: Amd §46, Pub Serv L; amd §§24 & 28, Exec L

2013-S3783 (ACTIVE) - Summary

Relates to emergency disconnections of certain public utilities during a state disaster emergency or local state of emergency; requires utilities to disconnect service within twenty-four hours when notified by a municipality that disconnection is necessary to make repairs and continued service may threaten the health or safety of a person, the surrounding area or the utility's or municipality's distribution system.

2013-S3783 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3783

TITLE OF BILL:  An act to amend the public service law and the
executive law, in relation to emergency disconnections of certain
public utilities during a state disaster emergency or local state of
emergency

PURPOSE:  The purpose of this bill is to require utility corporations,
during a state disaster emergency or local state of emergency, to
disconnect service within twenty-four hours of notification from a
local official that continued service will result in danger to life or
the distribution network.

SUMMARY OF PROVISIONS:

Section 1: Amends section 46 of the public service law to require a
utility corporation to disconnect electrical service within
twenty-four hours of notification from an emergency management
director or other municipal corporation official responsible for
emergency preparedness, response and recovery, chief executive, or
local officer, that disconnection is necessary for repairs and that
continued service may threaten the health or safety of a person, the
surrounding area, or the utility's or municipality's distribution
system. Failure to comply will result in the utility corporation
forfeiting to the Public Service Commission a sum not less than
$1,000, and not more than $500 per day for each day thereafter, that

such service is not disconnected.

Section 2: Amends subdivision 1 of section 24 of the executive law to
add a new paragraph h requiring a utility corporation to disconnect
electrical service to residential or commercial property within
twenty-four hours of notification by the chief executive where
disconnection is necessary for repairs and that continued service may
threaten the health or safety of a person, the surrounding area, or
the utility's or municipality's distribution system, Failure to comply
will result in the utility corporation forfeiting to the Public
Service Commission a sum not less than $1,000, and not more than $500
per day for each day thereafter, that such service is not
disconnected.

Section 3: Amends section 28 of the executive law, added a new
subdivision 5. Requires that following a state declaration of disaster
emergency by the governor, a utility corporation or municipality shall
disconnect electrical service to residential or commercial property
within twenty-four hours of notification from an emergency management
director or other municipal corporation official responsible for
emergency preparedness, response and recovery, chief executive, or
local officer, that disconnection is necessary for repairs and that
continued service may threaten the health or safety of a person, the
surrounding area, or the utility's or municipality's distribution
system. Failure to comply will result in the utility corporation
forfeiting to the Public Service Commission a sum not less than
$1,000, and not more than $500 per day for each day thereafter, that
such service is not disconnected.

Section 4: States that this act shall take effect immediately.


JUSTIFICATION:  In October 2012, Superstorm Sandy brought extensive
damage to New York State. Along with causing 60 deaths and an
estimated $32 billion in response and recovery costs to the State,
Sandy exposed a number of faults in our utility and transmission
networks. Power outages impacted over two million households, causing
some to be without power for months. Downed wires were the primary
culprit of outages in Nassau, Suffolk, and Westchester counties.

Alongside power outages, there were many instances of "live" downed
wires, or electrical wires which still had current running through
them. These wires presented a major hazard to health and safety in the
affected communities. In one example, a 23-year-old from South
Richmond Hill, Queens was electrocuted and killed after she stepped in
a puddle and came into contact with a live wire. According to
witnesses, emergency responders could only watch helplessly for hours;
forced to wait until Consolidated Edison shut down the wire's power
before they could act.

In many cases, municipalities have the necessary crews in place to
repair downed wires in a timely fashion. However, as seen in the above
case, this cannot be done until a utility first disconnects service.
This legislation aims to facilitate such repairs by requiring
utilities to act in a timely manner when notified by local authorities
that a disconnection is required during a state disaster emergency or
local state of emergency.

Disconnection must occur within 24 hours of notification. Should a
utility fail or neglect to do so within this timeframe, they must pay
to the Public Service Commission a $1,000 penalty, and an additional
$500 per day for each day thereafter that power is not disconnected.

This legislation will empower municipalities, and provide them with
the proper tools to protect its residents during a disaster.
Furthermore, it will hold utilities accountable and ensure they act
swiftly in cases where public safety is threatened.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S3783 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3783

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced  by  Sens. CARLUCCI, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

AN  ACT  to  amend  the  public  service  law  and the executive law, in
  relation to  emergency  disconnections  of  certain  public  utilities
  during a state disaster emergency or local state of emergency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 46 of the public service law, as amended by chapter
686 of the laws of 2002, is amended to read as follows:
  S 46. Emergency disconnections to residences.  1. Notwithstanding  any
other  section  of  this  article, a utility corporation in ownership or
control of the meters, pipes, fittings, wires and other apparatus  asso-
ciated  with  the  establishment  of service to a residence or a munici-
pality may disconnect service to  a  residence  when  an  emergency  may
threaten  the  health or safety of a person, the surrounding area or the
utility's or municipality's distribution system. The utility corporation
or municipality shall act promptly to assure restoration of  service  as
soon  as  feasible. Service shall be restored to any residence before it
may be terminated for any other reason.
  2. IN THE EVENT OF A STATE DISASTER EMERGENCY, AS DEFINED  IN  SECTION
TWENTY  OF  THE EXECUTIVE LAW, OR A LOCAL STATE OF EMERGENCY, AS DEFINED
IN SECTION TWENTY-FOUR OF THE EXECUTIVE LAW, A  UTILITY  CORPORATION  OR
MUNICIPALITY  SHALL  DISCONNECT  ELECTRICAL  SERVICE  WITHIN TWENTY-FOUR
HOURS OF NOTIFICATION FROM AN EMERGENCY  MANAGEMENT  DIRECTOR  OR  OTHER
MUNICIPAL  CORPORATION  OFFICIAL RESPONSIBLE FOR EMERGENCY PREPAREDNESS,
RESPONSE AND RECOVERY, CHIEF EXECUTIVE, OR LOCAL OFFICER EMPOWERED UNDER
SECTION SEVENTY-SEVEN OF THIS CHAPTER, THAT DISCONNECTION  IS  NECESSARY
FOR  REPAIRS TO THE AFFECTED AREA AND CONTINUED SERVICE MAY THREATEN THE
HEALTH OR SAFETY OF A PERSON, THE SURROUNDING AREA OR THE  UTILITY'S  OR
MUNICIPALITY'S DISTRIBUTION SYSTEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08811-02-3

S. 3783                             2

  3.  WHERE A UTILITY CORPORATION OR MUNICIPALITY IS REQUIRED TO DISCON-
NECT ELECTRICAL SERVICE PURSUANT TO SUBDIVISION TWO OF THIS SECTION  AND
FAILS  OR  NEGLECTS  WITHIN  TWENTY-FOUR  HOURS OF NOTIFICATION TO DO SO
WITHOUT GOOD CAUSE AS DETERMINED BY THE COMMISSION, THE  UTILITY  CORPO-
RATION  SHALL FORFEIT AND PAY TO THE COMMISSION THE SUM OF NOT LESS THAN
ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE HUNDRED DOLLARS PER DAY  FOR
EACH  DAY  THEREAFTER,  AS  DETERMINED BY THE COMMISSION THAT SUCH ELEC-
TRICAL SERVICE IS NOT DISCONNECTED.
  S 2. Subdivision 1 of section 24 of the executive law  is  amended  by
adding a new paragraph h to read as follows:
  H.  (I) A UTILITY CORPORATION OR MUNICIPALITY TO DISCONNECT ELECTRICAL
SERVICE TO RESIDENTIAL OR COMMERCIAL PROPERTY WITHIN  TWENTY-FOUR  HOURS
OF  NOTIFICATION BY THE CHIEF EXECUTIVE WHERE DISCONNECTION IS NECESSARY
FOR REPAIRS TO THE AFFECTED AREA AND CONTINUED SERVICE MAY THREATEN  THE
HEALTH  OR  SAFETY  OF  A PERSON, THE SURROUNDING AREA OR A UTILITY'S OR
MUNICIPALITY'S DISTRIBUTION SYSTEM;
  (II) WHERE A  UTILITY  CORPORATION  OR  MUNICIPALITY  IS  REQUIRED  TO
DISCONNECT ELECTRICAL SERVICE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH  AND FAILS OR NEGLECTS WITHIN TWENTY-FOUR HOURS OF NOTIFICATION TO
DO SO WITHOUT GOOD CAUSE AS DETERMINED BY THE PUBLIC SERVICE COMMISSION,
THE UTILITY CORPORATION OR MUNICIPALITY SHALL FORFEIT  AND  PAY  TO  THE
PUBLIC  SERVICE COMMISSION THE SUM OF NOT LESS THAN ONE THOUSAND DOLLARS
AND NOT MORE THAN FIVE HUNDRED DOLLARS PER DAY FOR EACH DAY  THEREAFTER,
AS  DETERMINED  BY  THE  PUBLIC  SERVICE COMMISSION THAT SUCH ELECTRICAL
SERVICE IS NOT DISCONNECTED.
  S 3. Section 28 of the executive law is amended by adding a new subdi-
vision 5 to read as follows:
  5. (A) FOLLOWING A STATE DECLARATION  OF  DISASTER  EMERGENCY  BY  THE
GOVERNOR PURSUANT TO THIS SECTION, A UTILITY CORPORATION OR MUNICIPALITY
SHALL DISCONNECT ELECTRICAL SERVICE TO RESIDENTIAL OR COMMERCIAL PROPER-
TY WITHIN TWENTY-FOUR HOURS OF NOTIFICATION FROM AN EMERGENCY MANAGEMENT
DIRECTOR  OR  OTHER MUNICIPAL CORPORATION OFFICIAL RESPONSIBLE FOR EMER-
GENCY PREPAREDNESS, RESPONSE AND RECOVERY,  CHIEF  EXECUTIVE,  OR  LOCAL
OFFICER EMPOWERED UNDER SECTION SEVENTY-SEVEN OF THE PUBLIC SERVICE LAW,
THAT  DISCONNECTION  IS  NECESSARY  FOR REPAIRS TO THE AFFECTED AREA AND
CONTINUED SERVICE MAY THREATEN THE HEALTH OR SAFETY  OF  A  PERSON,  THE
SURROUNDING AREA OR THE UTILITY'S OR MUNICIPALITY'S DISTRIBUTION SYSTEM.
  (B) WHERE A UTILITY CORPORATION OR MUNICIPALITY IS REQUIRED TO DISCON-
NECT  ELECTRICAL  SERVICE  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
AND FAILS OR NEGLECTS WITHIN TWENTY-FOUR HOURS OF NOTIFICATION TO DO  SO
WITHOUT  GOOD  CAUSE AS DETERMINED BY THE PUBLIC SERVICE COMMISSION, THE
UTILITY CORPORATION OR MUNICIPALITY SHALL FORFEIT AND PAY TO THE  PUBLIC
SERVICE COMMISSION THE SUM OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT
MORE  THAN  FIVE  HUNDRED  DOLLARS  PER  DAY FOR EACH DAY THEREAFTER, AS
DETERMINED BY THE PUBLIC SERVICE COMMISSION THAT SUCH ELECTRICAL SERVICE
IS NOT DISCONNECTED.
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3783

Share this bill

Sponsored By

David Carlucci