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.