Bill Text: NY S04882 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to strengthening of utility storm response and compliance by reviewing mitigating factors including but not limited to mitigating factors and the specifics surrounding the violation or violations.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2024-03-19 - referred to corporations, authorities and commissions [S04882 Detail]

Download: New_York-2023-S04882-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4882

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 16, 2023
                                       ___________

        Introduced  by  Sens.  MAYER,  COMRIE, HARCKHAM, HINCHEY, HOYLMAN-SIGAL,
          SALAZAR -- read twice and ordered printed,  and  when  printed  to  be
          committed to the Committee on Energy and Telecommunications

        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;
    22    (c) whether the violation was knowing or willful;
    23    (d)  whether the violation was recurring, or had been the subject of a
    24  previous finding by the commission;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07736-01-3
        S. 4882                             2

     1    (e) whether the violation was of a provision of this chapter,  or    a
     2  regulation  or    order  adopted  under  the  authority of this chapter,
     3  adopted specifically for  the protection of human safety, including  but
     4  not  limited  to  the  commission's  code of gas safety regulations, and
     5  whether  the  violation  caused  or constituted a contributing factor in
     6  bringing about a death or personal injury, as determined by the  commis-
     7  sion;
     8    (f)  whether  the  violation was of a provision of this chapter, or  a
     9  regulation or   order adopted  under  the  authority  of  this  chapter,
    10  specifically designed to protect  the overall reliability and continuity
    11  of  service,  the duration of any such violation, whether such violation
    12  affected the reliability or continuity of service, the duration  of  any
    13  such effect on the reliability or continuity of service, and whether any
    14  effect on the reliability or continuity of service was recurring;
    15    (g)  the  economic  losses  of  ratepayers,  in  the form of increased
    16  service rates or otherwise, associated with damage to  or  weakening  of
    17  infrastructure  in  connection with the event out of which the violation
    18  arose, including but not limited to  investments  and  costs  associated
    19  with repairing, improving, or replacing such infrastructure;
    20    (h)  whether  the  violation was caused in whole or in part due to the
    21  systematic failure of the entity to  maintain  or  replace  obsolete  or
    22  deteriorated materials or equipment;
    23    (i) the degree of preparation, including but not limited to the utili-
    24  zation of mutual aid or other contingent resources, for a storm event or
    25  other event out of which the violation arose for which there was advance
    26  warning or notice;
    27    (j) with respect to telephone corporations, cable television companies
    28  and  the  officers,  agents  and  employees  thereof,  whether a loss of
    29  commercial electricity caused the violation; and
    30    (k) mitigating factors relevant to the seriousness of  the  violation,
    31  as determined by the commission.
    32    3. [Notwithstanding the provisions of subdivision two of this section,
    33  any such public utility company, corporation or person and the officers,
    34  agents and employees thereof that knowingly fails or neglects to obey or
    35  comply  with  a  provision  of  this  chapter, or an order or regulation
    36  adopted under the authority of this chapter,  adopted  specifically  for
    37  the protection of human safety, including but not limited to the commis-
    38  sion's  code of gas safety regulations shall, if it is determined by the
    39  commission that such safety violation caused or constituted a contribut-
    40  ing factor in bringing about a death or personal injury, forfeit to  the
    41  state of New York a sum not to exceed the greater of:
    42    (a) two hundred and fifty thousand dollars constituting a civil penal-
    43  ty  for  each separate and distinct offense; provided, however, that for
    44  purposes of this paragraph each day of a continuing violation shall  not
    45  be deemed a separate and distinct offense. The total period of a contin-
    46  uing  violation, as well as every distinct violation, shall be similarly
    47  treated as a separate and distinct offense for purposes  of  this  para-
    48  graph; or
    49    (b)  the  maximum forfeiture determined in accordance with subdivision
    50  two of this section.
    51    4. Notwithstanding the provisions of subdivision one or  two  of  this
    52  section,  a  public utility company, corporation or person and the offi-
    53  cers, agents and employees thereof that knowingly fails or  neglects  to
    54  obey  or  comply  with a provision of this chapter, or an order or regu-
    55  lation adopted under authority of this chapter, designed to protect  the
        S. 4882                             3

     1  overall reliability and continuity of electric service, shall forfeit to
     2  the state of New York a sum not to exceed the greater of:
     3    (a)  five  hundred  thousand  dollars constituting a civil penalty for
     4  each separate and distinct offense; provided, however, that for purposes
     5  of this paragraph each day of a continuing violation shall not be deemed
     6  a separate and distinct  offense.  The  total  period  of  a  continuing
     7  violation,  as  well  as  every  distinct  violation, shall be similarly
     8  treated as a separate and distinct offense for purposes  of  this  para-
     9  graph; or
    10    (b)  the  maximum forfeiture determined in accordance with subdivision
    11  two of this section.
    12    5.] Penalties provided for pursuant to this section shall be recovered
    13  in an action as provided in section twenty-four of this article.
    14    [6] 4.  Any payment made by a public utility company,  corporation  or
    15  person  and the officers, agents and employees thereof as a result of an
    16  action as provided in section twenty-four of this article and  the  cost
    17  of  litigation and investigation related to any such action shall not be
    18  included by the commission in revenue  requirements  used  to  establish
    19  rates and charges.
    20    [7]  5.    In  construing and enforcing the provisions of this chapter
    21  relating to forfeitures and penalties, the act of any director, officer,
    22  agent or employee of a public utility  company,  corporation  or  person
    23  acting  within  the  scope  of  his or her official duties or employment
    24  shall be deemed to be the act of such  public  utility  company,  corpo-
    25  ration or person.
    26    §  2. Section 25-a of the public service law, as added by section 2 of
    27  part X of chapter 57 of the laws of 2013, is amended to read as follows:
    28    § 25-a. Combination  gas  and  electric  corporations;  administrative
    29  sanctions;  recovery  of penalties. Notwithstanding sections twenty-four
    30  and twenty-five of this article: 1. Every combination gas  and  electric
    31  corporation  and the officers thereof shall adhere to every provision of
    32  this chapter and every order or regulation adopted  under  authority  of
    33  this chapter so long as the same shall be in force.
    34    2.  (a)  The  commission  shall  have  the authority to assess a civil
    35  penalty in an amount as set forth in this section and against a combina-
    36  tion gas and electric corporation and the officers  thereof  subject  to
    37  the  jurisdiction,  supervision,  or regulation pursuant to this chapter
    38  [in an amount as set forth in this section. In determining the amount of
    39  any penalty to be assessed pursuant  to  this  section,  the  commission
    40  shall consider: (i) the seriousness of the violation for which a penalty
    41  is  sought;  (ii)  the  nature and extent of any previous violations for
    42  which penalties have been assessed against the corporation  or  officer;
    43  (iii)  whether  there  was  knowledge  of  the violation; (iv) the gross
    44  revenues and financial status of the corporation;  and  (v)  such  other
    45  factors as the commission may deem appropriate and relevant].
    46    The remedies provided by this subdivision are in addition to any other
    47  remedies provided in law.
    48    (b)  Whenever  the commission has reason to believe that a combination
    49  gas and electric corporation or such officers thereof should be  subject
    50  to  imposition  of  a civil penalty as set forth in this subdivision, it
    51  shall notify such corporation or officer.   Such notice  shall  include,
    52  but shall not be limited to: (i) the date and a brief description of the
    53  facts and nature of each act or failure to act for which such penalty is
    54  proposed;  (ii)  a  list  of  each statute, regulation or order that the
    55  commission alleges has been violated; [and] (iii)  the  amount  of  each
    56  penalty  that  the commission proposes to [assess] be assessed; and (iv)
        S. 4882                             4

     1  any proposed actions that the commission deems necessary to address such
     2  alleged violation or violations.  The commission is authorized to under-
     3  take any additional administrative or investigatory   actions    related
     4  to  such  violation or violations, including but not limited to, service
     5  of an administrative complaint, implementation of discovery, interviews,
     6  depositions, entering into a settlement agreement or other  stipulation,
     7  and the holding of evidentiary hearings, as provided in this chapter.
     8    (c)  Whenever  the commission has reason to believe that a combination
     9  gas and electric corporation or such officers thereof should be  subject
    10  to  imposition  of  a  civil  penalty  or penalties as set forth in this
    11  subdivision, the commission shall hold a hearing to demonstrate why  the
    12  proposed  penalty  or penalties should be assessed against such combina-
    13  tion gas and electric corporation or such officers.
    14    3. Any combination gas and electric corporation or such officers ther-
    15  eof determined by the commission to have failed to  [reasonably]  comply
    16  as  shown by a preponderance of the evidence, at an evidentiary hearing,
    17  with a provision of this chapter, regulation or an order  adopted  under
    18  authority  of  this  chapter so long as the same shall be in force shall
    19  forfeit a sum [not exceeding the greater of one hundred thousand dollars
    20  or two one-hundredths of one percent  of  the  annual  intrastate  gross
    21  operating  revenue  of  the corporation, not including taxes paid to and
    22  revenues collected on behalf  of  government  entities,  constituting  a
    23  civil  penalty for each and every offense and, in the case of a continu-
    24  ing violation, each day shall be deemed a separate and distinct offense]
    25  that shall be set by the public service  commission,  after  considering
    26  the following:
    27    (a) the scope of damages caused by the violation to individuals, busi-
    28  nesses and the state;
    29    (b) each individual act or omission which led to the violation;
    30    (c) whether the violation was knowing or willful;
    31    (d)  whether the violation was recurring, or had been the subject of a
    32  previous finding by the commission;
    33    (e) whether the violation was of a provision of this chapter,  or    a
    34  regulation  or    order  adopted  under  the  authority of this chapter,
    35  adopted specifically for  the protection of human safety, including  but
    36  not  limited  to  the  commission's  code of gas safety regulations, and
    37  whether the violation caused or constituted  a  contributing  factor  in
    38  bringing  about a death or personal injury, as determined by the commis-
    39  sion;
    40    (f) whether the violation was of a provision of this chapter,  or    a
    41  regulation  or    order  adopted  under  the  authority of this chapter,
    42  specifically designed to protect  the overall reliability and continuity
    43  of service, the duration of any such violation, whether  such  violation
    44  affected  the  reliability or continuity of service, the duration of any
    45  such effect on the reliability or continuity of service, and whether any
    46  effect on the reliability or continuity of service was recurring;
    47    (g) the economic losses  of  ratepayers,  in  the  form  of  increased
    48  service  rates  or  otherwise, associated with damage to or weakening of
    49  infrastructure in connection with the event out of which  the  violation
    50  arose,  including  but  not  limited to investments and costs associated
    51  with repairing, improving, or replacing such infrastructure;
    52    (h) whether the violation was caused in whole or in part  due  to  the
    53  systematic  failure  of  the  entity  to maintain or replace obsolete or
    54  deteriorated materials or equipment;
    55    (i) the degree of preparation, including but not limited to the utili-
    56  zation of mutual aid or other contingent resources, for a storm event or
        S. 4882                             5

     1  other event out of which the violation arose for which there was advance
     2  warning or notice;
     3    (j)  with  respect  to  any  telephone corporation or cable television
     4  company to which this section applies by reason of  the  application  of
     5  section  twenty-five-b  of this article, and with respect to any officer
     6  of any such telephone corporation or cable television company, whether a
     7  loss of commercial electricity caused the violation; and
     8    (k) mitigating factors relevant to the seriousness of  the  violation,
     9  as determined by the commission.
    10    4.  [Notwithstanding  the  provisions  of  subdivision  three  of this
    11  section, any such combination gas and electric corporation determined by
    12  the commission to have failed to reasonably comply with a  provision  of
    13  this  chapter,  or an order or regulation adopted under the authority of
    14  this  chapter  specifically  for  the  protection  of  human  safety  or
    15  prevention  of  significant  damage to real property, including, but not
    16  limited to, the commission's code of gas safety regulations shall, if it
    17  is determined by the commission by a preponderance of the evidence  that
    18  such  safety  violation  caused  or constituted a contributing factor in
    19  bringing about:  (a) a death or personal injury; or (b) damage  to  real
    20  property  in  excess  of  fifty  thousand  dollars, forfeit a sum not to
    21  exceed the greater of:
    22    (i) two hundred fifty thousand dollars or three one-hundredths of  one
    23  percent  of  the annual intrastate gross operating revenue of the corpo-
    24  ration, not including taxes paid to and revenues collected on behalf  of
    25  government  entities, whichever is greater, constituting a civil penalty
    26  for each separate and distinct  offense;  provided,  however,  that  for
    27  purposes of this paragraph, each day of a continuing violation shall not
    28  be deemed a separate and distinct offense. The total period of a contin-
    29  uing  violation, as well as every distinct violation, shall be similarly
    30  treated as a separate and distinct offense for purposes  of  this  para-
    31  graph; or
    32    (ii)  the maximum forfeiture determined in accordance with subdivision
    33  three of this section.
    34    5. Notwithstanding the provisions of subdivision three or four of this
    35  section, a combination gas and electric corporation  determined  by  the
    36  commission to have failed to reasonably comply by a preponderance of the
    37  evidence  with  a  provision  of this chapter, or an order or regulation
    38  adopted under authority of this chapter, designed to protect the overall
    39  reliability and continuity of electric service, including but not limit-
    40  ed to the restoration of electric service following a major outage event
    41  or emergency, shall forfeit a sum not to exceed the greater of:
    42    (a) five hundred  thousand  dollars  or  four  one-hundredths  of  one
    43  percent  of  the annual intrastate gross operating revenue of the corpo-
    44  ration, not including taxes paid to and revenues collected on behalf  of
    45  government  entities, whichever is greater, constituting a civil penalty
    46  for each separate and distinct  offense;  provided,  however,  that  for
    47  purposes  of this paragraph each day of a continuing violation shall not
    48  be deemed a separate and distinct offense. The total period of a contin-
    49  uing violation, as well as every distinct violation shall  be  similarly
    50  treated  as  a  separate and distinct offense for purposes of this para-
    51  graph; or
    52    (b) the maximum forfeiture determined in accordance  with  subdivision
    53  three of this section.
    54    6.  Any officer of any combination gas and electric corporation deter-
    55  mined by the commission to have violated the provisions  of  subdivision
    56  three,  four,  or  five  of  this  section, and who knowingly violates a
        S. 4882                             6

     1  provision of this chapter, regulation or an order adopted under authori-
     2  ty of this chapter so long as the same shall be in force shall forfeit a
     3  sum not to exceed one hundred  thousand  dollars  constituting  a  civil
     4  penalty  for  each  and  every  offense and, in the case of a continuing
     5  violation, each day shall be deemed a separate and distinct offense.
     6    7. Any such assessment may  be  compromised  or  discontinued  by  the
     7  commission.]  All  moneys  recovered  pursuant to this section, together
     8  with the costs thereof, shall be remitted to, or for the benefit of, the
     9  ratepayers in a manner to be determined by the commission.
    10    [8.] 5. Upon a failure by a combination gas and  electric  corporation
    11  or  officer  to remit any penalty assessed by the commission pursuant to
    12  this section, the commission, through  its  counsel,  may  institute  an
    13  action or special proceeding to collect the penalty in a court of compe-
    14  tent jurisdiction.
    15    [9.] 6. Any payment made by a combination gas and electric corporation
    16  or  the  officers  thereof  as  a  result of an assessment or penalty as
    17  provided in this section, and the cost of litigation  and  investigation
    18  related  to  any such assessment, shall not be recoverable from ratepay-
    19  ers.
    20    [10.] 7. In construing and enforcing the provisions  of  this  chapter
    21  relating  to  penalties,  the  act  of  any  director, officer, agent or
    22  employee of a combined gas and electric corporation  acting  within  the
    23  scope  of his or her official duties or employment shall be deemed to be
    24  the act of such corporation.
    25    [11.] 8. It shall be a violation of this chapter  should  a  director,
    26  officer  or  employee  of  a public utility company, corporation, person
    27  acting in his or her official duties or employment, or an  agent  acting
    28  on  behalf  of  an  employer  take  retaliatory personnel action such as
    29  discharge, suspension, demotion, penalization or discrimination  against
    30  an  employee  for  reporting  a violation of a provision of this chapter
    31  [of] or an order or regulation adopted under the authority of this chap-
    32  ter, including, but not limited to, those governing  safe  and  adequate
    33  service,  protection of human safety or prevention of significant damage
    34  to real property, including, but not limited to, the  commission's  code
    35  of  gas safety.  Nothing in this subdivision shall be deemed to diminish
    36  the rights, privileges or remedies of any employee under any  other  law
    37  or  regulation,  including  but  not  limited to article twenty-C of the
    38  labor law and section seventy-five-b of the civil service law, or  under
    39  any collective bargaining agreement or employment contract.
    40    § 3. The public service law is amended by adding a new section 25-b to
    41  read as follows:
    42    §  25-b.  Administrative  actions  against  other  regulated entities.
    43  Notwithstanding any other provision of  this  chapter,  section  twenty-
    44  five-a  of  this  article  shall apply in equal force to: 1. an electric
    45  corporation as defined in subdivision thirteen of section  two  of  this
    46  article;  2.  a  gas  corporation  as  defined  in subdivision eleven of
    47  section two of this article; 3. a  cable  television  company  or  cable
    48  television  system as defined in subdivisions one and two of section two
    49  hundred twelve of this article; 4. a telephone corporation as defined in
    50  subdivision seventeen of section two of this article; 5. a steam  corpo-
    51  ration as defined in subdivision twenty-two of section two of this arti-
    52  cle;  and 6. a water-works corporation as defined in subdivision twenty-
    53  seven of section two of  this  article;  as  well  as  the  officers  or
    54  employees of any such corporate entities described above.
    55    §  4.    Subdivision  21  of  section 66 of the public service law, as
    56  amended by section 4 of part X of chapter 57 of the laws of 2013,  para-
        S. 4882                             7

     1  graph  (a)  as separately amended by chapters 395 and 743 of the laws of
     2  2022, subparagraph (iii) of paragraph (a) as separately amended by chap-
     3  ter 727 of the laws of 2022, is amended to read as follows:
     4    21.  (a) Each electric corporation subject to section twenty-five-a of
     5  this chapter shall annually, on or before December fifteenth, submit  to
     6  the  commission  an emergency response plan for review and approval. The
     7  emergency response plan shall be  designed  for  the  reasonably  prompt
     8  restoration  of  service  in the case of an emergency event, defined for
     9  purposes of this subdivision as an event where widespread  outages  have
    10  occurred  in  the  service territory of the company due to storms, cyber
    11  attack, or other causes beyond the control of the company. The emergency
    12  response plan shall include, but need not be limited to, the  following:
    13  (i) the identification of management staff responsible for company oper-
    14  ations  during  an  emergency; (ii) a communications plan that includes:
    15  (A) a system [with] that communicates service information  to  customers
    16  during  an emergency that extends beyond normal business hours and busi-
    17  ness conditions; [(iii)] (B) identification of  and  outreach  plans  to
    18  customers  who  had  documented their need for essential electricity for
    19  medical needs, which shall include but not be limited to, apnea monitors
    20  for infants, cuirass  respirators,  hemodialysis  machines,  IV  feeding
    21  machines,  IV  medical infusion machines, oxygen concentrators, positive
    22  pressure respirators, respirator/ventilators, rocking  bed  respirators,
    23  suction  machines,  tank type respirators, as well as any medical equip-
    24  ment or equipment necessary for an individual whose diagnosis is  likely
    25  to  be significantly triggered or significantly exacerbated by a contin-
    26  ued loss of power that will adversely impact that  individual's  health;
    27  [(iv)]  (C)  identification  of  and outreach plans to customers who had
    28  documented their need for  essential  electricity  to  provide  critical
    29  telecommunications,  critical transportation, critical fuel distribution
    30  services or other large-load customers  identified  by  the  commission;
    31  [(v)]  (D)  designation of company staff to communicate with local offi-
    32  cials and appropriate regulatory agencies; [(vi)]  and  (E)  identifies,
    33  tests   and  verifies  redundancies  in  communications  systems;  (iii)
    34  provisions regarding how the company  will  assure  the  safety  of  its
    35  employees and contractors; [(vii)] (iv) procedures for deploying company
    36  and  mutual aid crews to work assignment areas; [(viii)] (v) identifica-
    37  tion of additional supplies and equipment needed  during  an  emergency;
    38  [(ix)]  (vi)  the  means of obtaining additional supplies and equipment;
    39  [(x)] (vii) procedures to practice the emergency response  plan;  [(xi)]
    40  (viii)  appropriate  safety  precautions  regarding  electrical hazards,
    41  including plans to promptly secure downed wires within thirty-six  hours
    42  of  notification  of  the location of such downed wires from a municipal
    43  emergency official; [(xii)] (ix) plans setting forth  how  the  communi-
    44  cation  and  coordination  of  efforts between the electric corporation,
    45  electric corporation  employees,  electric  corporation  company  crews,
    46  mutual aid crews, other utilities, local governments and any other enti-
    47  ty  performing services to assist such electric corporation shall occur;
    48  and [(xiii)] (x) such other additional information as the commission may
    49  require.  Each such corporation shall, on  an  annual  basis,  undertake
    50  drills  implementing  procedures  to  practice  its emergency management
    51  plan. The commission may adopt additional requirements  consistent  with
    52  ensuring  the reasonably prompt restoration of service in the case of an
    53  emergency event.
    54    (b) After review of  a  corporation's  emergency  response  plan,  the
    55  commission  may  require such corporation to amend the plan. The commis-
    56  sion may also open an investigation of the corporation's plan to  deter-
        S. 4882                             8

     1  mine  its  sufficiency to respond adequately to an emergency event.  If,
     2  after hearings, the commission finds a material deficiency in the  plan,
     3  it  may  order  the  company  to  make  such modifications that it deems
     4  reasonably necessary to remedy the deficiency.
     5    (c)  The  commission  is authorized to open an investigation to review
     6  the performance of any corporation in  restoring  service,  implementing
     7  communications  plans or otherwise meeting the requirements of the emer-
     8  gency response plan during an emergency  event.  If,  after  evidentiary
     9  hearings  or  other investigatory proceedings, the commission finds that
    10  the corporation failed to [reasonably] implement its emergency  response
    11  plan  or the length of such corporation's outages were materially longer
    12  than they would have been, because  of  such  corporation's  failure  to
    13  [reasonably]  implement  its emergency response plan, the commission may
    14  deny the recovery of any part of the service restoration costs caused by
    15  such failure, commensurate with the degree and  impact  of  the  service
    16  outage;  provided,  however, that nothing herein limits the commission's
    17  authority to otherwise commence a proceeding pursuant to sections  twen-
    18  ty-four, twenty-five and twenty-five-a of this chapter.
    19    (d) The commission shall certify to the department of homeland securi-
    20  ty  and  emergency  services  that  each  such  corporation's  emergency
    21  response plan is sufficient to ensure to the  greatest  extent  feasible
    22  the timely and safe restoration of energy services after an emergency in
    23  compliance with the requirements of this chapter.
    24    (e)  The  filing  of each emergency response plan required under para-
    25  graph (a) of this subdivision shall also include a copy of  all  written
    26  mutual assistance agreements among utilities.
    27    (f)  Each electric corporation shall file with the county executive or
    28  the chief elected official of  a  county  for  each  county  within  its
    29  service  territory  the  most  recent  approved  copy  of  the emergency
    30  response plan required pursuant to this section. For the purposes of  an
    31  electric  corporation operating within the city of New York, such corpo-
    32  ration shall file the most recent approved emergency response plan  with
    33  the emergency management office of the city of New York.
    34    (g)  The  commission  shall  provide access to such emergency response
    35  plan pursuant to article six of the public officers law.
    36    § 5. Section 94 of the public service law is amended by adding  a  new
    37  subdivision 5 to read as follows:
    38    5.  (a) Each corporation subject to this article shall annually, on or
    39  before  December  fifteenth,  submit  to  the  commission  an  emergency
    40  response plan for review and approval. The emergency response plan shall
    41  be designed for the reasonably prompt restoration of service in the case
    42  of  an  emergency  event, defined for purposes of this subdivision as an
    43  event where widespread outages have occurred in the service territory of
    44  the company due to storms or other causes  beyond  the  control  of  the
    45  company.  The  emergency  response  plan  shall include, but need not be
    46  limited to, the following: (i) the identification  of  management  staff
    47  responsible  for company operations during an emergency; (ii) a communi-
    48  cations plan that includes (A) a system that communicates service infor-
    49  mation to customers during an emergency that extends beyond normal busi-
    50  ness hours and business conditions; (B) designation of company staff  to
    51  communicate  with  local  officials and appropriate regulatory agencies;
    52  and (C) identifies, tests and verifies  redundancies  in  communications
    53  systems;  (iii)  provisions  regarding  how  the company will ensure the
    54  safety of its employees and contractors; (iv) procedures  for  deploying
    55  personnel  crews  to  work assignment areas; (v) identification of addi-
    56  tional supplies and equipment needed during an emergency; (vi) the means
        S. 4882                             9

     1  of obtaining additional supplies  and  equipment;  (vii)  procedures  to
     2  practice  the  emergency response plan; and (viii) such other additional
     3  information as the commission may require. Each such corporation  shall,
     4  on an annual basis, undertake drills implementing procedures to practice
     5  its  emergency  management  plan.  The  commission  may adopt additional
     6  requirements consistent with ensuring the reasonably prompt  restoration
     7  of service in the case of an emergency event.
     8    (b)  After  review  of  a  corporation's  emergency response plan, the
     9  commission may require such corporation to amend the plan.  The  commis-
    10  sion  may also open an investigation of the corporation's plan to deter-
    11  mine its sufficiency to respond adequately to an  emergency  event.  If,
    12  after  hearings, the commission finds a material deficiency in the plan,
    13  it may order the company  to  make  such  modifications  that  it  deems
    14  reasonably necessary to remedy the deficiency.
    15    (c)  The  commission  is authorized to open an investigation to review
    16  the performance of any corporation in  restoring  service,  implementing
    17  communications  plans or otherwise meeting the requirements of the emer-
    18  gency response plan during an emergency event.
    19    (d) Each corporation subject to this article shall file with the coun-
    20  ty executive or the chief elected official of a county for  each  county
    21  within  its service territory the most recent approved copy of the emer-
    22  gency response plan required pursuant to this section. For the  purposes
    23  of a corporation operating within the city of New York, such corporation
    24  shall  file  the  most  recent approved emergency response plan with the
    25  emergency management office of the city of New York.
    26    (e) The commission shall provide access  to  such  emergency  response
    27  plan pursuant to article six of the public officers law.
    28    §  6. Section 216 of the public service law is amended by adding a new
    29  subdivision 4-a to read as follows:
    30    4-a. (a) Each corporation subject to this article shall  annually,  on
    31  or  before  December  fifteenth,  submit  to the commission an emergency
    32  response plan for review and approval. The emergency response plan shall
    33  be designed for the reasonably prompt restoration of service in the case
    34  of an emergency event, defined for purposes of this  subdivision  as  an
    35  event where widespread outages have occurred in the service territory of
    36  the  company  due  to  storms  or other causes beyond the control of the
    37  company. The emergency response plan shall  include,  but  need  not  be
    38  limited  to,  the  following: (i) the identification of management staff
    39  responsible for company operations during an emergency; (ii) a  communi-
    40  cations  plan  which  includes:  (A)  a system that communicates service
    41  information to customers during an emergency that extends beyond  normal
    42  business hours and business conditions; (B) designation of company staff
    43  to communicate with local officials and appropriate regulatory agencies;
    44  and  (C)  identifies,  tests and verifies redundancies in communications
    45  systems; (iii) provisions regarding how  the  company  will  ensure  the
    46  safety  of  its employees and contractors; (iv) procedures for deploying
    47  personnel crews to work assignment areas; (v)  identification  of  addi-
    48  tional supplies and equipment needed during an emergency; (vi) the means
    49  of  obtaining  additional  supplies  and  equipment; (vii) procedures to
    50  practice the emergency response plan; and (viii) such  other  additional
    51  information  as the commission may require. Each such corporation shall,
    52  on an annual basis, undertake drills implementing procedures to practice
    53  its emergency management  plan.  The  commission  may  adopt  additional
    54  requirements  consistent with ensuring the reasonably prompt restoration
    55  of service in the case of an emergency event.
        S. 4882                            10

     1    (b) After review of  a  corporation's  emergency  response  plan,  the
     2  commission  may  require such corporation to amend the plan. The commis-
     3  sion may also open an investigation of the corporation's plan to  deter-
     4  mine  its  sufficiency  to respond adequately to an emergency event. If,
     5  after  hearings, the commission finds a material deficiency in the plan,
     6  it may order the company  to  make  such  modifications  that  it  deems
     7  reasonably necessary to remedy the deficiency.
     8    (c)  The  commission  is authorized to open an investigation to review
     9  the performance of any corporation in  restoring  service,  implementing
    10  communications  plans or otherwise meeting the requirements of the emer-
    11  gency response plan during an emergency event.
    12    (d) Each corporation subject to this article shall file with the coun-
    13  ty executive or the chief elected official of a county for  each  county
    14  within  its service territory the most recent approved copy of the emer-
    15  gency response plan required pursuant to this section. For the  purposes
    16  of a corporation operating within the city of New York, such corporation
    17  shall  file  the  most  recent approved emergency response plan with the
    18  emergency management office of the city of New York.
    19    (e) The commission shall provide access  to  such  emergency  response
    20  plan pursuant to article six of the public officers law.
    21    § 7. Severability. If any clause, sentence, paragraph, section or part
    22  of  this act shall be adjudged by any court of competent jurisdiction to
    23  be invalid and after exhaustion of  all  further  judicial  review,  the
    24  judgment  shall  not affect, impair or invalidate the remainder thereof,
    25  but shall be confined in its operation to the  clause,  sentence,  para-
    26  graph,  section or part of this act directly involved in the controversy
    27  in which the judgment shall have been rendered.
    28    § 8. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law; provided, however, that if chapter 743 of the laws of
    30  2022 shall not have taken effect on or before such date, then the amend-
    31  ments  to  paragraph  (a)  of subdivision 21 of section 66 of the public
    32  service law made by section four of this act shall take  effect  on  the
    33  same  date  and  in  the same manner as such chapter of the laws of 2022
    34  takes effect.  Effective immediately, the department of  public  service
    35  or  the  public service commission is authorized to promulgate any regu-
    36  lations or orders necessary to implement this act.