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

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.