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.