Bill Text: NY S00136 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to strengthening of utility storm response and compliance.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00136 Detail]

Download: New_York-2021-S00136-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         136--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  MAYER, COMRIE, HARCKHAM, HOYLMAN, SALAZAR -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Energy  and Telecommunications -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT to amend the public service law, in relation to strengthening of
          utility storm response and compliance

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 25 of the public service law, as added by chapter
     2  665 of the laws of 1980, subdivision 2, paragraph (a) of  subdivision  3
     3  and paragraph (a) of subdivision 4 as amended by chapter 375 of the laws
     4  of 1986, is amended to read as follows:
     5    § 25. Penalties.  1.  Every  public  utility  company,  corporation or
     6  person and the officers, agents and employees  thereof  shall  obey  and
     7  comply  with  every  provision  of this chapter and every order or regu-
     8  lation adopted under authority of this chapter so long as the same shall
     9  be in force.
    10    2. Any public utility company, corporation or person and the officers,
    11  agents and employees thereof that knowingly fails or neglects to obey or
    12  comply with a provision of this chapter or a regulation  or  [an]  order
    13  adopted  under authority of this chapter so long as the same shall be in
    14  force, shall forfeit to the people of the state of New York a  sum  [not
    15  exceeding  one hundred thousand dollars constituting a civil penalty for
    16  each and every offense and, in the case of a continuing violation,  each
    17  day  shall  be deemed a separate and distinct offense] that shall be set
    18  by the public service commission after considering the following:
    19    (a)  the scope of damages caused  by  the  violation  to  individuals,
    20  businesses and the state;
    21    (b) each individual act or omission which led to the violation;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02683-04-1
        S. 136--A                           2

     1    (c) whether the violation was knowing or willful;
     2    (d)  whether the violation was recurring, or had been the subject of a
     3  previous finding by the commission;
     4    (e) whether the violation was of a provision of this chapter,  or    a
     5  regulation  or    order  adopted  under  the  authority of this chapter,
     6  adopted specifically for  the protection of human safety, including  but
     7  not  limited  to  the  commission's  code of gas safety regulations, and
     8  whether the violation caused or constituted  a  contributing  factor  in
     9  bringing  about a death or personal injury, as determined by the commis-
    10  sion;
    11    (f) whether the violation was of a provision of this chapter,  or    a
    12  regulation  or    order  adopted  under  the  authority of this chapter,
    13  specifically designed to protect  the overall reliability and continuity
    14  of service, the duration of any such violation, whether  such  violation
    15  affected  the  reliability or continuity of service, the duration of any
    16  such effect on the reliability or continuity of service, and whether any
    17  effect on the reliability or continuity of service was recurring;
    18    (g) the economic losses  of  ratepayers,  in  the  form  of  increased
    19  service  rates  or  otherwise, associated with damage to or weakening of
    20  infrastructure in connection with the event out of which  the  violation
    21  arose,  including  but  not  limited to investments and costs associated
    22  with repairing, improving, or replacing such infrastructure;
    23    (h) whether the violation was caused in whole or in part  due  to  the
    24  systematic  failure  of  the  entity  to maintain or replace obsolete or
    25  deteriorated materials or equipment; and
    26    (i) the degree of preparation, including but not limited to the utili-
    27  zation of mutual aid or other contingent resources, for a storm event or
    28  other event out of which the violation arose for which there was advance
    29  warning or notice.
    30    3. [Notwithstanding the provisions of subdivision two of this section,
    31  any such public utility company, corporation or person and the officers,
    32  agents and employees thereof that knowingly fails or neglects to obey or
    33  comply with a provision of this  chapter,  or  an  order  or  regulation
    34  adopted  under  the  authority of this chapter, adopted specifically for
    35  the protection of human safety, including but not limited to the commis-
    36  sion's code of gas safety regulations shall, if it is determined by  the
    37  commission that such safety violation caused or constituted a contribut-
    38  ing  factor in bringing about a death or personal injury, forfeit to the
    39  state of New York a sum not to exceed the greater of:
    40    (a) two hundred and fifty thousand dollars constituting a civil penal-
    41  ty for each separate and distinct offense; provided, however,  that  for
    42  purposes  of this paragraph each day of a continuing violation shall not
    43  be deemed a separate and distinct offense. The total period of a contin-
    44  uing violation, as well as every distinct violation, shall be  similarly
    45  treated  as  a  separate and distinct offense for purposes of this para-
    46  graph; or
    47    (b) the maximum forfeiture determined in accordance  with  subdivision
    48  two of this section.
    49    4.  Notwithstanding  the  provisions of subdivision one or two of this
    50  section, a public utility company, corporation or person and  the  offi-
    51  cers,  agents  and employees thereof that knowingly fails or neglects to
    52  obey or comply with a provision of this chapter, or an  order  or  regu-
    53  lation  adopted under authority of this chapter, designed to protect the
    54  overall reliability and continuity of electric service, shall forfeit to
    55  the state of New York a sum [not to exceed the greater of:
        S. 136--A                           3

     1    (a) five hundred thousand dollars constituting  a  civil  penalty  for
     2  each separate and distinct offense; provided, however, that for purposes
     3  of this paragraph each day of a continuing violation shall not be deemed
     4  a  separate  and  distinct  offense.  The  total  period of a continuing
     5  violation,  as  well  as  every  distinct  violation, shall be similarly
     6  treated as a separate and distinct offense for purposes  of  this  para-
     7  graph; or
     8    (b)  the  maximum forfeiture determined in accordance with subdivision
     9  two of this section.
    10    5.] Penalties provided for pursuant to this section shall be recovered
    11  in an action as provided in section twenty-four of this article.
    12    [6] 4.  Any payment made by a public utility company,  corporation  or
    13  person  and the officers, agents and employees thereof as a result of an
    14  action as provided in section twenty-four of this article and  the  cost
    15  of  litigation and investigation related to any such action shall not be
    16  included by the commission in revenue  requirements  used  to  establish
    17  rates and charges.
    18    [7]  5.    In  construing and enforcing the provisions of this chapter
    19  relating to forfeitures and penalties, the act of any director, officer,
    20  agent or employee of a public utility  company,  corporation  or  person
    21  acting  within  the  scope  of  his or her official duties or employment
    22  shall be deemed to be the act of such  public  utility  company,  corpo-
    23  ration or person.
    24    §  2. Section 25-a of the public service law, as added by section 2 of
    25  part X of chapter 57 of the laws of 2013, is amended to read as follows:
    26    § 25-a. Combination  gas  and  electric  corporations;  administrative
    27  sanctions;  recovery  of penalties. Notwithstanding sections twenty-four
    28  and twenty-five of this article: 1. Every combination gas  and  electric
    29  corporation  and the officers thereof shall adhere to every provision of
    30  this chapter and every order or regulation adopted  under  authority  of
    31  this chapter so long as the same shall be in force.
    32    2.  (a)  The  commission  shall  have  the authority to assess a civil
    33  penalty in an amount as set forth in this section and against a combina-
    34  tion gas and electric corporation and the officers  thereof  subject  to
    35  the  jurisdiction,  supervision,  or regulation pursuant to this chapter
    36  [in an amount as set forth in this section. In determining the amount of
    37  any penalty to be assessed pursuant  to  this  section,  the  commission
    38  shall consider: (i) the seriousness of the violation for which a penalty
    39  is  sought;  (ii)  the  nature and extent of any previous violations for
    40  which penalties have been assessed against the corporation  or  officer;
    41  (iii)  whether  there  was  knowledge  of  the violation; (iv) the gross
    42  revenues and financial status of the corporation;  and  (v)  such  other
    43  factors as the commission may deem appropriate and relevant].
    44    The remedies provided by this subdivision are in addition to any other
    45  remedies provided in law.
    46    (b)  Whenever  the commission has reason to believe that a combination
    47  gas and electric corporation or such officers thereof should be  subject
    48  to  imposition  of  a civil penalty as set forth in this subdivision, it
    49  shall notify such corporation or officer.   Such notice  shall  include,
    50  but shall not be limited to: (i) the date and a brief description of the
    51  facts and nature of each act or failure to act for which such penalty is
    52  proposed;  (ii)  a  list  of  each statute, regulation or order that the
    53  commission alleges has been violated; [and] (iii)  the  amount  of  each
    54  penalty  that  the  commission  proposes  to  [assess and the holding of
    55  evidentiary hearings, as provided in this chapter] be assessed; and (iv)
    56  any proposed actions that the commission deems necessary to address such
        S. 136--A                           4

     1  alleged violation or violations.  The commission is authorized to under-
     2  take any additional administrative or investigatory   actions    related
     3  to  such  violation or violations, including but not limited to, service
     4  of an administrative complaint, implementation of discovery, interviews,
     5  depositions,  entering into a settlement agreement or other stipulation,
     6  and the holding of evidentiary hearings, as provided in this chapter.
     7    (c) Whenever the commission has reason to believe that  a  combination
     8  gas  and electric corporation or such officers thereof should be subject
     9  to imposition of a civil penalty or  penalties  as  set  forth  in  this
    10  subdivision,  the commission shall hold a hearing to demonstrate why the
    11  proposed penalty or penalties should be assessed against  such  combina-
    12  tion gas and electric corporation or such officers.
    13    3.  Any  combination  gas  and  electric corporation determined by the
    14  commission to have failed to [reasonably] comply as shown by  a  prepon-
    15  derance  of the evidence, at an evidentiary hearing, with a provision of
    16  this chapter, regulation or an order adopted  under  authority  of  this
    17  chapter  so  long as the same shall be in force shall forfeit a sum [not
    18  exceeding the greater of one hundred thousand dollars  or  two  one-hun-
    19  dredths  of one percent of the annual intrastate gross operating revenue
    20  of the corporation, not including taxes paid to and  revenues  collected
    21  on  behalf of government entities, constituting a civil penalty for each
    22  and every offense and, in the case of a continuing violation,  each  day
    23  shall  be  deemed  a separate and distinct offense] that shall be set by
    24  the public service commission, after considering the following:
    25    (a) the scope of damages caused by the violation to individuals, busi-
    26  nesses and the state;
    27    (b) each individual act or omission which led to the violation;
    28    (c) whether the violation was knowing or willful;
    29    (d) whether the violation was recurring, or had been the subject of  a
    30  previous finding by the commission;
    31    (e)  whether  the  violation was of a provision of this chapter, or  a
    32  regulation or   order adopted  under  the  authority  of  this  chapter,
    33  adopted  specifically for  the protection of human safety, including but
    34  not limited to the commission's code  of  gas  safety  regulations,  and
    35  whether  the  violation  caused  or constituted a contributing factor in
    36  bringing about a death or personal injury, as determined by the  commis-
    37  sion;
    38    (f)  whether  the  violation was of a provision of this chapter, or  a
    39  regulation or   order adopted  under  the  authority  of  this  chapter,
    40  specifically designed to protect  the overall reliability and continuity
    41  of  service,  the duration of any such violation, whether such violation
    42  affected the reliability or continuity of service, the duration  of  any
    43  such effect on the reliability or continuity of service, and whether any
    44  effect on the reliability or continuity of service was recurring;
    45    (g)  the  economic  losses  of  ratepayers,  in  the form of increased
    46  service rates or otherwise, associated with damage to  or  weakening  of
    47  infrastructure  in  connection with the event out of which the violation
    48  arose, including but not limited to  investments  and  costs  associated
    49  with repairing, improving, or replacing such infrastructure;
    50    (h)  whether  the  violation was caused in whole or in part due to the
    51  systematic failure of the entity to  maintain  or  replace  obsolete  or
    52  deteriorated materials or equipment; and
    53    (i) the degree of preparation, including but not limited to the utili-
    54  zation of mutual aid or other contingent resources, for a storm event or
    55  other event out of which the violation arose for which there was advance
    56  warning or notice.
        S. 136--A                           5

     1    4.  [Notwithstanding  the  provisions  of  subdivision  three  of this
     2  section, any such combination gas and electric corporation determined by
     3  the commission to have failed to reasonably comply with a  provision  of
     4  this  chapter,  or an order or regulation adopted under the authority of
     5  this  chapter  specifically  for  the  protection  of  human  safety  or
     6  prevention of significant damage to real property,  including,  but  not
     7  limited to, the commission's code of gas safety regulations shall, if it
     8  is  determined by the commission by a preponderance of the evidence that
     9  such safety violation caused or constituted  a  contributing  factor  in
    10  bringing  about:   (a) a death or personal injury; or (b) damage to real
    11  property in excess of fifty thousand  dollars,  forfeit  a  sum  not  to
    12  exceed the greater of:
    13    (i)  two hundred fifty thousand dollars or three one-hundredths of one
    14  percent of the annual intrastate gross operating revenue of  the  corpo-
    15  ration,  not including taxes paid to and revenues collected on behalf of
    16  government entities, whichever is greater, constituting a civil  penalty
    17  for  each  separate  and  distinct  offense; provided, however, that for
    18  purposes of this paragraph, each day of a continuing violation shall not
    19  be deemed a separate and distinct offense. The total period of a contin-
    20  uing violation, as well as every distinct violation, shall be  similarly
    21  treated  as  a  separate and distinct offense for purposes of this para-
    22  graph; or
    23    (ii) the maximum forfeiture determined in accordance with  subdivision
    24  three of this section.
    25    5. Notwithstanding the provisions of subdivision three or four of this
    26  section,  a  combination  gas and electric corporation determined by the
    27  commission to have failed to reasonably comply by a preponderance of the
    28  evidence with a provision of this chapter, or  an  order  or  regulation
    29  adopted under authority of this chapter, designed to protect the overall
    30  reliability and continuity of electric service, including but not limit-
    31  ed to the restoration of electric service following a major outage event
    32  or emergency, shall forfeit a sum not to exceed the greater of:
    33    (a)  five  hundred  thousand  dollars  or  four  one-hundredths of one
    34  percent of the annual intrastate gross operating revenue of  the  corpo-
    35  ration,  not including taxes paid to and revenues collected on behalf of
    36  government entities, whichever is greater, constituting a civil  penalty
    37  for  each  separate  and  distinct  offense; provided, however, that for
    38  purposes of this paragraph each day of a continuing violation shall  not
    39  be deemed a separate and distinct offense. The total period of a contin-
    40  uing  violation,  as well as every distinct violation shall be similarly
    41  treated as a separate and distinct offense for purposes  of  this  para-
    42  graph; or
    43    (b)  the  maximum forfeiture determined in accordance with subdivision
    44  three of this section.
    45    6. Any officer of any combination gas and electric corporation  deter-
    46  mined  by  the commission to have violated the provisions of subdivision
    47  three, four, or five of this  section,  and  who  knowingly  violates  a
    48  provision of this chapter, regulation or an order adopted under authori-
    49  ty of this chapter so long as the same shall be in force shall forfeit a
    50  sum  not  to  exceed  one  hundred thousand dollars constituting a civil
    51  penalty for each and every offense and, in  the  case  of  a  continuing
    52  violation, each day shall be deemed a separate and distinct offense.
    53    7.  Any  such  assessment  may  be  compromised or discontinued by the
    54  commission.] All moneys recovered pursuant  to  this  section,  together
    55  with the costs thereof, shall be remitted to, or for the benefit of, the
    56  ratepayers in a manner to be determined by the commission.
        S. 136--A                           6

     1    [8.]  5.  Upon a failure by a combination gas and electric corporation
     2  or officer to remit any penalty assessed by the commission  pursuant  to
     3  this  section,  the  commission,  through  its counsel, may institute an
     4  action or special proceeding to collect the penalty in a court of compe-
     5  tent jurisdiction.
     6    [9.] 6. Any payment made by a combination gas and electric corporation
     7  or  the  officers  thereof  as  a  result of an assessment or penalty as
     8  provided in this section, and the cost of litigation  and  investigation
     9  related  to  any such assessment, shall not be recoverable from ratepay-
    10  ers.
    11    [10.] 7. In construing and enforcing the provisions  of  this  chapter
    12  relating  to  penalties,  the  act  of  any  director, officer, agent or
    13  employee of a combined gas and electric corporation  acting  within  the
    14  scope  of his or her official duties or employment shall be deemed to be
    15  the act of such corporation.
    16    [11.] 8. It shall be a violation of this chapter  should  a  director,
    17  officer  or  employee  of  a public utility company, corporation, person
    18  acting in his or her official duties or employment, or an  agent  acting
    19  on  behalf  of  an  employer  take  retaliatory personnel action such as
    20  discharge, suspension, demotion, penalization or discrimination  against
    21  an  employee  for  reporting  a violation of a provision of this chapter
    22  [of] or an order or regulation adopted under the authority of this chap-
    23  ter, including, but not limited to, those governing  safe  and  adequate
    24  service,  protection of human safety or prevention of significant damage
    25  to real property, including, but not limited to, the  commission's  code
    26  of  gas safety.  Nothing in this subdivision shall be deemed to diminish
    27  the rights, privileges or remedies of any employee under any  other  law
    28  or  regulation,  including  but  not  limited to article twenty-C of the
    29  labor law and section seventy-five-b of the civil service law, or  under
    30  any collective bargaining agreement or employment contract.
    31    § 3. The public service law is amended by adding a new section 25-b to
    32  read as follows:
    33    §  25-b.  Administrative  actions  against  other  regulated entities.
    34  Notwithstanding any other provision of  this  chapter,  section  twenty-
    35  five-a  of  this  article  shall apply in equal force to: 1. an electric
    36  corporation as defined in subdivision thirteen of section  two  of  this
    37  article;  2.  a  gas  corporation  as  defined  in subdivision eleven of
    38  section two of this article; 3. a  cable  television  company  or  cable
    39  television  system as defined in subdivisions one and two of section two
    40  hundred twelve of this article; 4. a telephone corporation as defined in
    41  subdivision seventeen of section two of this article; 5. a steam  corpo-
    42  ration as defined in subdivision twenty-two of section two of this arti-
    43  cle;  and 6. a water-works corporation as defined in subdivision twenty-
    44  seven of section two of  this  article;  as  well  as  the  officers  or
    45  employees of any such corporate entities described above.
    46    §  4.    Subdivision  21  of  section 66 of the public service law, as
    47  amended by section 4 of part X of chapter 57 of the  laws  of  2013,  is
    48  amended to read as follows:
    49    21.  (a) Each electric corporation subject to section twenty-five-a of
    50  this chapter shall annually, on or before December fifteenth, submit  to
    51  the  commission  an emergency response plan for review and approval. The
    52  emergency response plan shall be  designed  for  the  reasonably  prompt
    53  restoration  of  service  in the case of an emergency event, defined for
    54  purposes of this subdivision as an event where widespread  outages  have
    55  occurred  in the service territory of the company due to storms or other
    56  causes beyond the control of the company. The  emergency  response  plan
        S. 136--A                           7

     1  shall  include, but need not be limited to, the following: (i) the iden-
     2  tification of management staff responsible for company operations during
     3  an emergency; (ii) a communications plan that  includes:  (A)  a  system
     4  [with]  that  communicates  service  information  to customers during an
     5  emergency that extends beyond normal business hours and business  condi-
     6  tions; [(iii)] (B) identification of and outreach plans to customers who
     7  had  documented  their need for essential electricity for medical needs;
     8  [(iv)] (C) identification of and outreach plans  to  customers  who  had
     9  documented  their  need  for  essential  electricity to provide critical
    10  telecommunications, critical transportation, critical fuel  distribution
    11  services  or  other  large-load  customers identified by the commission;
    12  [(v)] (D) designation of company staff to communicate with  local  offi-
    13  cials  and  appropriate  regulatory agencies; [(vi)] and (E) identifies,
    14  tests  and  verifies  redundancies  in  communications  systems;   (iii)
    15  provisions  regarding  how  the  company  will  assure the safety of its
    16  employees and contractors; [(vii)] (iv) procedures for deploying company
    17  and mutual aid crews to work assignment areas; [(viii)] (v)  identifica-
    18  tion  of  additional  supplies and equipment needed during an emergency;
    19  [(ix)] (vi) the means of obtaining additional  supplies  and  equipment;
    20  [(x)]  (vii)  procedures to practice the emergency response plan; [(xi)]
    21  (viii) appropriate  safety  precautions  regarding  electrical  hazards,
    22  including  plans to promptly secure downed wires within thirty-six hours
    23  of notification of the location of such downed wires  from  a  municipal
    24  emergency  official;  and [(xii)] (ix) such other additional information
    25  as the commission may require. Each such corporation shall, on an annual
    26  basis, undertake drills implementing procedures to practice its emergen-
    27  cy management plan. The commission  may  adopt  additional  requirements
    28  consistent with ensuring the reasonably prompt restoration of service in
    29  the case of an emergency event.
    30    (b)  After  review  of  a  corporation's  emergency response plan, the
    31  commission may require such corporation to amend the plan.  The  commis-
    32  sion  may also open an investigation of the corporation's plan to deter-
    33  mine its sufficiency to respond adequately to an emergency event.    If,
    34  after  hearings, the commission finds a material deficiency in the plan,
    35  it may order the company  to  make  such  modifications  that  it  deems
    36  reasonably necessary to remedy the deficiency.
    37    (c)  The  commission  is authorized to open an investigation to review
    38  the performance of any corporation in  restoring  service,  implementing
    39  communications  plans or otherwise meeting the requirements of the emer-
    40  gency response plan during an emergency  event.  If,  after  evidentiary
    41  hearings  or  other investigatory proceedings, the commission finds that
    42  the corporation failed to [reasonably] implement its emergency  response
    43  plan  or the length of such corporation's outages were materially longer
    44  than they would have been, because  of  such  corporation's  failure  to
    45  [reasonably]  implement  its emergency response plan, the commission may
    46  deny the recovery of any part of the service restoration costs caused by
    47  such failure, commensurate with the degree and  impact  of  the  service
    48  outage;  provided,  however, that nothing herein limits the commission's
    49  authority to otherwise commence a proceeding pursuant to sections  twen-
    50  ty-four, twenty-five and twenty-five-a of this chapter.
    51    (d) The commission shall certify to the department of homeland securi-
    52  ty  and  emergency  services  that  each  such  corporation's  emergency
    53  response plan is sufficient to ensure to the  greatest  extent  feasible
    54  the timely and safe restoration of energy services after an emergency in
    55  compliance with the requirements of this chapter.
        S. 136--A                           8

     1    (e)  The  filing  of each emergency response plan required under para-
     2  graph (a) of this subdivision shall also include a copy of  all  written
     3  mutual assistance agreements among utilities.
     4    (f)  Each electric corporation shall file with the county executive or
     5  the chief elected official of  a  county  for  each  county  within  its
     6  service  territory  the  most  recent  approved  copy  of  the emergency
     7  response plan required pursuant to this section. For the purposes of  an
     8  electric  corporation operating within the city of New York, such corpo-
     9  ration shall file the most recent approved emergency response plan  with
    10  the emergency management office of the city of New York.
    11    (g)  The  commission  shall  provide access to such emergency response
    12  plan pursuant to article six of the public officers law.
    13    § 5. Section 94 of the public service law is amended by adding  a  new
    14  subdivision 5 to read as follows:
    15    5.  (a) Each corporation subject to this article shall annually, on or
    16  before  December  fifteenth,  submit  to  the  commission  an  emergency
    17  response plan for review and approval. The emergency response plan shall
    18  be designed for the reasonably prompt restoration of service in the case
    19  of  an  emergency  event, defined for purposes of this subdivision as an
    20  event where widespread outages have occurred in the service territory of
    21  the company due to storms or other causes  beyond  the  control  of  the
    22  company.  The  emergency  response  plan  shall include, but need not be
    23  limited to, the following: (i) the identification  of  management  staff
    24  responsible  for company operations during an emergency; (ii) a communi-
    25  cations plan that includes (A) a system that communicates service infor-
    26  mation to customers during an emergency that extends beyond normal busi-
    27  ness hours and business conditions; (B) designation of company staff  to
    28  communicate  with  local  officials and appropriate regulatory agencies;
    29  and (C) identifies, tests and verifies  redundancies  in  communications
    30  systems;  (iii)  provisions  regarding  how  the company will ensure the
    31  safety of its employees and contractors; (iv) procedures  for  deploying
    32  personnel  crews  to  work assignment areas; (v) identification of addi-
    33  tional supplies and equipment needed during an emergency; (vi) the means
    34  of obtaining additional supplies  and  equipment;  (vii)  procedures  to
    35  practice  the  emergency response plan; and (viii) such other additional
    36  information as the commission may require. Each such corporation  shall,
    37  on an annual basis, undertake drills implementing procedures to practice
    38  its  emergency  management  plan.  The  commission  may adopt additional
    39  requirements consistent with ensuring the reasonably prompt  restoration
    40  of service in the case of an emergency event.
    41    (b)  After  review  of  a  corporation's  emergency response plan, the
    42  commission may require such corporation to amend the plan.  The  commis-
    43  sion  may also open an investigation of the corporation's plan to deter-
    44  mine its sufficiency to respond adequately to an  emergency  event.  If,
    45  after  hearings, the commission finds a material deficiency in the plan,
    46  it may order the company  to  make  such  modifications  that  it  deems
    47  reasonably necessary to remedy the deficiency.
    48    (c)  The  commission  is authorized to open an investigation to review
    49  the performance of any corporation in  restoring  service,  implementing
    50  communications  plans or otherwise meeting the requirements of the emer-
    51  gency response plan during an emergency event.
    52    (d) Each corporation subject to this article shall file with the coun-
    53  ty executive or the chief elected official of a county for  each  county
    54  within  its service territory the most recent approved copy of the emer-
    55  gency response plan required pursuant to this section. For the  purposes
    56  of a corporation operating within the city of New York, such corporation
        S. 136--A                           9

     1  shall  file  the  most  recent approved emergency response plan with the
     2  emergency management office of the city of New York.
     3    (e)  The  commission  shall  provide access to such emergency response
     4  plan pursuant to article six of the public officers law.
     5    § 6. Section 216 of the public service law is amended by adding a  new
     6  subdivision 4-a to read as follows:
     7    4-a.(a) Each corporation subject to this article shall annually, on or
     8  before  December  fifteenth,  submit  to  the  commission  an  emergency
     9  response plan for review and approval. The emergency response plan shall
    10  be designed for the reasonably prompt restoration of service in the case
    11  of an emergency event, defined for purposes of this  subdivision  as  an
    12  event where widespread outages have occurred in the service territory of
    13  the  company  due  to  storms  or other causes beyond the control of the
    14  company. The emergency response plan shall  include,  but  need  not  be
    15  limited  to,  the  following: (i) the identification of management staff
    16  responsible for company operations during an emergency; (ii) a  communi-
    17  cations  plan  which  includes:  (A)  a system that communicates service
    18  information to customers during an emergency that extends beyond  normal
    19  business hours and business conditions; (B) designation of company staff
    20  to communicate with local officials and appropriate regulatory agencies;
    21  and  (C)  identifies,  tests and verifies redundancies in communications
    22  systems; (iii) provisions regarding how  the  company  will  ensure  the
    23  safety  of  its employees and contractors; (iv) procedures for deploying
    24  personnel crews to work assignment areas; (v)  identification  of  addi-
    25  tional supplies and equipment needed during an emergency; (vi) the means
    26  of  obtaining  additional  supplies  and  equipment; (vii) procedures to
    27  practice the emergency response plan; and (viii) such  other  additional
    28  information  as the commission may require. Each such corporation shall,
    29  on an annual basis, undertake drills implementing procedures to practice
    30  its emergency management  plan.  The  commission  may  adopt  additional
    31  requirements  consistent with ensuring the reasonably prompt restoration
    32  of service in the case of an emergency event.
    33    (b) After review of  a  corporation's  emergency  response  plan,  the
    34  commission  may  require such corporation to amend the plan. The commis-
    35  sion may also open an investigation of the corporation's plan to  deter-
    36  mine  its  sufficiency  to respond adequately to an emergency event. If,
    37  after hearings, the commission finds a material deficiency in the  plan,
    38  it  may  order  the  company  to  make  such modifications that it deems
    39  reasonably necessary to remedy the deficiency.
    40    (c) The commission is authorized to open an  investigation  to  review
    41  the  performance  of  any corporation in restoring service, implementing
    42  communications plans or otherwise meeting the requirements of the  emer-
    43  gency response plan during an emergency event.
    44    (d) Each corporation subject to this article shall file with the coun-
    45  ty  executive  or the chief elected official of a county for each county
    46  within its service territory the most recent approved copy of the  emer-
    47  gency  response plan required pursuant to this section. For the purposes
    48  of a corporation operating within the city of New York, such corporation
    49  shall file the most recent approved emergency  response  plan  with  the
    50  emergency management office of the city of New York.
    51    (e)  The  commission  shall  provide access to such emergency response
    52  plan pursuant to article six of the public officers law.
    53    § 7. Severability. If any clause, sentence, paragraph, section or part
    54  of this act shall be adjudged by any court of competent jurisdiction  to
    55  be  invalid  and  after  exhaustion  of all further judicial review, the
    56  judgment shall not affect, impair or invalidate the  remainder  thereof,
        S. 136--A                          10

     1  but  shall  be  confined in its operation to the clause, sentence, para-
     2  graph, section or part of this act directly involved in the  controversy
     3  in which the judgment shall have been rendered.
     4    §  8.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.  Effective  immediately,  the  department  of  public
     6  service or the public service commission is authorized to promulgate any
     7  regulations or orders necessary to implement this act.