Exempts utility workers from state and local traveling bans during declared emergencies

1 Co-sponsor

• Tony Avella

BILL NUMBER:S5799A REVISED 6/16/15

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 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 infrastructure.

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 who are involved in providing emergency services to declared disaster areas, including utility and other workers who are tasked with restoring power, 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 who are involved in providing emergency services to declared disaster areas, including utility and other workers who are tasked with restoring power, communications and related activities.

Section 3 would set forth an immediate effective date.

Existing law

Currently, travel bans that are declared during a disaster by a state and/or local governing entity apply to many essential public and private personnel who may need access to the affected areas in order to perform emergency services. Utility and other workers fall under these travel bans and are prohibited from traveling to and from these disaster areas unless there is an informal agreement or understanding between workers and law enforcement to provide these individuals with access in order to perform their duties.

Justification

The role of utility and other workers is a critical component to emergency preparedness and response, as their ability to access disaster areas is directly attributable to the restoration of power and communications to a given community. Some communities have experienced long-term 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 accessing the electric and communications infrastructure that needed repair.

Anecdotally, some areas across the state permit utility and other workers 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

New bill.

Fiscal implications

None.

Effective date

Immediately.