BILL NUMBER: S9261
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the executive law, in relation to deeming certain utili-
ty workers first responders during a declared state disaster emergency
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that utility workers responsible for restoring and protecting
critical infrastructure are formally recognized as first responders
during a declared state disaster emergency for limited emergency manage-
ment purposes.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 1 of section 29-a of the execu-
tive law by adding a new paragraph (h) to provide that, during a state
disaster emergency declared pursuant to section 28 of the executive law,
certain employees of public utilities, municipal utilities, electric
corporations, gas corporations, water corporations, steam corporations,
telecommunications corporations, and cable television companies, as
defined in the public service law, shall be deemed first responders
while engaged in emergency response, service restoration, or infrastruc-
ture protection activities. The designation applies solely during the
period of a declared state disaster emergency and is limited to purposes
of access, movement, credentialing, emergency coordination, and emergen-
cy support services necessary to protect public health and safety. The
bill expressly provides that such designation shall not be construed to
confer eligibility for retirement, disability, death benefits, or any
other benefit not otherwise provided by law.
Section 2 provides that the act shall take effect immediately.
 
JUSTIFICATION:
During natural disasters, extreme weather events, cyber incidents, and
other emergencies, utility workers are among the first individuals
deployed to restore electric, gas, water, and communications services.
These workers frequently operate alongside police officers, firefight-
ers, and emergency medical personnel and are essential to protecting
public health, safety, and economic stability
Despite performing critical emergency functions, utility workers are not
consistently recognized as first responders under state law. This lack
of formal recognition can result in delays or barriers to access during
curfews, restricted travel zones, fuel shortages, or emergency coordi-
nation efforts. Such barriers may prolong service outages and hinder
broader emergency response efforts.
This legislation aligns statutory language with operational reality by
deeming certain utility workers first responders solely during declared
state disaster emergencies and only while engaged in emergency duties.
The bill is narrowly tailored to avoid unintended consequences. It does
not alter labor classifications, collective bargaining rights, or civil
service status, and it does not create or expand eligibility for retire-
ment, disability, death benefits, or other compensation.
By providing clarity, consistency, and statewide uniformity for emergen-
cy management purposes, this bill will help ensure timely infrastructure
restoration and improved coordination during declared emergencies.
 
PRIOR LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
None. This bill does not create new benefits, compensation, or mandates
and therefore has no fiscal impact on the state or local governments.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9261: 29-b executive law