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Assembly adds time-based restoration benchmarks to utility emergency plans
Summary
Lawmakers approved a bill directing utilities to include time-based restoration schedules in emergency-response plans submitted to the Public Service Commission. Supporters said benchmarks will encourage faster mobilization; critics warned the measure may be arbitrary and could raise costs.
The Assembly passed legislation requiring utilities to include time-based restoration schedules and related staffing and equipment plans in emergency-response filings to the Public Service Commission (PSC). The measure passed 101–36 after extended debate over practicality, worker safety and ratepayer costs.
Assemblymember Otis, sponsor of the bill, said the change asks utilities to “support reasonably prompt restoration of service in the case of an emergency event” and to provide performance schedules based on 24‑hour restoration benchmarks. Otis said the intent is to encourage faster local mobilization and to reduce multi-day outages that leave customers without power for several days.
Supporters — including Assemblymember Shimsky, who said she had distributed water during a long early-voting line example — argued the state should press utilities to improve response times and to avoid outsourcing crews far from affected areas, which supporters said lengthens outages.
Opponents, led in floor debate by Assemblymember Walsh and others, warned the bill could impose generic or arbitrary benchmarks that fail to account for the widely varying nature of storms and damage. Walsh argued the PSC already has authority to investigate performance and levy fines, and that imposing time-based targets could be impractical or unsafe when roads are impassable or damage is severe.
The sponsor said the bill expressly allows the PSC to consider different kinds of storm events — “it is not a one-size-fits-all,” Otis said — and emphasized the measure leaves enforcement and fine authority with the PSC. Members discussed potential rate impacts and whether penalties would be borne by ratepayers or shareholders; Otis said the bill does not change existing penalty regimes.
The vote was Ayes 101, Nays 36. Supporters said the act takes effect immediately; opponents urged focusing on investments in storm hardening and resilience to prevent outages rather than relying on benchmarks alone.
Votes at a glance: Assembly bill (calendar 101) — amend Public Service Law to include time-based restoration benchmarks in utility emergency plans; outcome: passed, Ayes 101, Nays 36.
