S T A T E O F N E W Y O R K
________________________________________________________________________
7262
I N S E N A T E
January 5, 2018
___________
Introduced by Sen. MURPHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the civil rights law and the executive law, in relation
to prohibiting discrimination by public utility companies; and to
amend the public service law, in relation to emergency planning and
response
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 42 of the civil rights law, as amended by chapter
292 of the laws of 1945, is amended to read as follows:
§ 42. Discrimination by utility companies. It shall be unlawful for
any public utility company, as defined in the public service law, to
refuse to PROVIDE SERVICE TO OR employ any person in any capacity in the
operation or maintenance of a public service on account of the AGE,
GENDER, SEXUAL ORIENTATION, MILITARY, VETERAN OR DISABLED VETERAN
STATUS, UNION MEMBERSHIP, race, creed, color or national origin of such
person.
§ 2. Section 296 of the executive law is amended by adding a new
subdivision 22 to read as follows:
22. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A PUBLIC UTIL-
ITY COMPANY, AS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, TO
DISCRIMINATE IN THE SETTING OF RATES OR SERVICES AGAINST ANY CLASS OF
CUSTOMERS OR LOCALITY, OR FOR ANY PERSON TO VIOLATE SECTION FORTY-TWO OF
THE CIVIL RIGHTS LAW.
§ 3. Paragraph (a) of subdivision 21 of section 66 of the public
service law, as added by section 4 of part X of chapter 57 of the laws
of 2013, is amended to read as follows:
(a) Each electric corporation subject to section twenty-five-a of this
chapter shall annually, on or before December fifteenth, submit to the
commission an emergency response plan for review and approval. The emer-
gency response plan shall be designed for the reasonably prompt restora-
tion of service in the case of an emergency event, defined for purposes
of this subdivision as an event where widespread outages have occurred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14089-01-8
S. 7262 2
in the service territory of the company due to storms or other causes
beyond the control of the company. The emergency response plan shall
include, but need not be limited to, the following: (i) the identifica-
tion of management staff responsible for company operations during an
emergency; (ii) a communications system with customers during an emer-
gency that extends beyond normal business hours and business conditions;
(iii) identification of and outreach plans to customers who had docu-
mented their need for essential electricity for medical needs; (iv)
identification of and outreach plans to customers who had documented
their need for essential electricity to provide critical telecommuni-
cations, critical transportation, critical fuel distribution services or
other large-load customers identified by the commission; (v) designation
of company staff to communicate with local officials and appropriate
regulatory agencies; (vi) provisions regarding how the company will
assure the safety of its employees and contractors; (vii) procedures for
deploying company and mutual aid crews to work assignment areas; (viii)
identification of additional supplies and equipment needed during an
emergency; (ix) the means of obtaining additional supplies and equip-
ment; (x) procedures to practice the emergency response plan; (xi)
appropriate safety precautions regarding electrical hazards, including
plans to promptly secure downed wires within thirty-six hours of notifi-
cation of the location of such downed wires from a municipal emergency
official; (XII) MEANS OF PROHIBITING UNLAWFUL DISCRIMINATION DURING THE
RESTORATION OF SERVICE; (XIII) PROCEDURES TO BE FOLLOWED FOR ACCURATELY
DETERMINING THE EXTENT OF A SERVICE OUTAGE, INCLUDING THE DETERMINATION
OF THE LOCATION OF AFFECTED AREAS, THE ESTIMATED NUMBER OF CUSTOMERS AND
THE OVERALL NUMBER OF PEOPLE AFFECTED BY LOSS OF POWER OR BY VOLTAGE
REDUCTIONS; (XIV) PROCEDURES FOR ESTIMATING THE TIME REQUIRED FOR RESTO-
RATION OF SERVICE TO AREAS AFFECTED BY THE OUTAGE AND COMMUNICATING WITH
MEDIA, LIFE SUPPORT AND OTHER SPECIAL NEEDS CUSTOMERS, PUBLIC OFFICIALS,
MEDICAL AND CRITICAL CARE FACILITIES, AND THE PUBLIC; (XV) POLICIES FOR
INITIATING AND IMPLEMENTING LOAD RELIEF AND LOAD CONTROL PROGRAMS; (XVI)
PROCEDURES FOR OBTAINING AND DISTRIBUTING DRY ICE, DRINKING WATER, EMER-
GENCY MEALS AND OTHER ITEMS THAT MAY BECOME NECESSARY IN THE EVENT OF AN
EXTENDED SERVICE OUTAGE; and [(xii)] (XVII) such other additional infor-
mation as the commission may require. Each such corporation shall, on an
annual basis, undertake drills implementing procedures to practice its
emergency management plan. The commission may adopt additional require-
ments consistent with ensuring the reasonably prompt restoration of
service in the case of an emergency event.
§ 4. Paragraph (g) of subdivision 21 of section 66 of the public
service law is relettered paragraph (k), and four new paragraphs (g),
(h), (i) and (j) are added to read as follows:
(G) EACH YEAR, ON OR BEFORE THE FIRST DAY OF APRIL OR ON SUCH OTHER
DATE AS THE COMMISSION MAY PRESCRIBE, EACH ELECTRIC CORPORATION SHALL
(I) FILE AN ELECTRIC UTILITY EMERGENCY PLAN INCLUDING ANY SUCH AMEND-
MENTS AS IT DEEMS NECESSARY, OR AS THE COMMISSION MAY REQUIRE, TO MAIN-
TAIN A HIGH LEVEL OF PREPAREDNESS, AND (II) CERTIFY IN A REPORT TO THE
COMMISSION THAT WITHIN THE PAST TWELVE MONTHS IT HAS PERIODICALLY VERI-
FIED TELEPHONE AND OTHER APPROPRIATE CONTACTS, AND UPDATED ITS LIST OF
INTERNAL AND EXTERNAL CONTACT PERSONS NECESSARY TO EXECUTE THE PLAN, AND
HAS CONDUCTED ONE OR MORE EMERGENCY EXERCISES INVOLVING THE MANAGEMENT
OF THE CORPORATION AND KEY COMPANY PERSONNEL ASSIGNED SERVICE RESTORA-
TION RESPONSIBILITIES. PRIOR TO APPROVING ANY SUCH PLAN, THE COMMISSION
SHALL SEEK COMMENTS FROM INTERESTED STATE AND LOCAL AGENCIES AND MEMBERS
OF THE PUBLIC, AND MAY REQUIRE MODIFICATIONS OR OTHERWISE PRESCRIBE
S. 7262 3
CONDITIONS FOR APPROVAL. THE COMMISSION SHALL ENSURE THAT COMMENTS ARE
SOLICITED FROM THE STATE OFFICE OF EMERGENCY MANAGEMENT, THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES AND OTHER APPROPRIATE STATE AND
LOCAL AGENCIES, AND FROM ORGANIZATIONS THAT PROVIDE EMERGENCY SHELTER,
WARMING/COOLING STATIONS AND OTHER RELIEF EFFORTS. AS PART OF ITS
REVIEW, THE COMMISSION SHALL REVIEW THE ADEQUACY OF ANY POLICIES FOR
REIMBURSING CUSTOMERS FOR LOSSES DUE TO OUTAGES OR INADVERTENT INTEN-
TIONAL SHUTOFFS OF ELECTRICITY. SUCH REVIEW SHALL INCLUDE CONSIDERATION
OF THE APPROPRIATENESS OF ANY POLICY OF PROVIDING FOR, LIMITING OR DENY-
ING REIMBURSEMENT FOR DAMAGES TO ELECTRICAL EQUIPMENT OR OTHER LOSSES
ATTRIBUTABLE TO THE FAILURE TO DELIVER ELECTRICITY OR TO SIGNIFICANT
REDUCTIONS IN THE VOLTAGE OF ELECTRICITY DELIVERED, INCLUDING LOSS OF
BUSINESS OPPORTUNITIES AND THE APPROPRIATENESS OF ANY DURATION STANDARDS
IN SUCH POLICIES. SUCH REVIEW SHALL ALSO INCLUDE THE SUFFICIENCY OF ANY
MONETARY LIMITS IN SUCH POLICIES.
(H) WITHIN SIXTY DAYS FOLLOWING COMPLETION OF SERVICE RESTORATION IN
AN EMERGENCY WHERE THE RESTORATION PERIOD EXCEEDS FORTY-EIGHT HOURS,
EACH ELECTRIC CORPORATION SHALL SUBMIT TO THE COMMISSION A REVIEW OF ALL
ASPECTS OF ITS PREPARATION AND SYSTEM RESTORATION PERFORMANCE. BASED ON
THIS REVIEW OR UPON ITS OWN ASSESSMENT OF THE ELECTRIC CORPORATION'S
PERFORMANCE IN RESPONDING TO SUCH EMERGENCY, THE COMMISSION MAY IMME-
DIATELY ORDER ANY MODIFICATIONS OR CONDITIONS TO THE CORPORATION'S EMER-
GENCY PLAN THAT IT DEEMS NECESSARY TO ENSURE A HIGH LEVEL OF PREPARED-
NESS.
(I) THE NAMES AND CONTACT INFORMATION OF EMPLOYEES AND OUTSIDE CONTACT
PERSONS MAY BE DELETED FROM COPIES OF THE PLAN AVAILABLE FOR PUBLIC
INSPECTION, BUT SUCH DELETED INFORMATION SHALL BE SUBJECT TO INSPECTION
BY THE COMMISSION AND STATE EMPLOYEES. AN ELECTRIC CORPORATION MAY
REQUEST THAT THE COMMISSION DESIGNATE AS CONFIDENTIAL INTERNAL SECURITY
MATTERS AND ANY OTHER INFORMATION REQUIRED TO BE SUBMITTED IN EMERGENCY
PLANS. SUCH REQUESTS SHALL IDENTIFY THE SPECIFIC INFORMATION REQUESTED
TO BE TREATED AS CONFIDENTIAL AND SHALL EXPLAIN WHY CONFIDENTIALITY IS
SOUGHT. UNLESS THE COMMISSION DIRECTS OTHERWISE, SUCH INFORMATION SHALL
NOT BE INCLUDED IN THE PLANS AVAILABLE FOR PUBLIC INSPECTION.
(J) THE COMMISSION SHALL ENCOURAGE ELECTRIC CORPORATIONS TO IDENTIFY
AND DISSEMINATE BEST PRACTICES IN EMERGENCY PLANNING AND RESPONSE. IN
ADDITION TO OVERSEEING DISSEMINATION OF BEST PRACTICES ON AN ONGOING
BASIS, THE COMMISSION SHALL BE AUTHORIZED TO INITIATE A STATEWIDE,
COLLABORATIVE EMERGENCY PREPAREDNESS AND STORM MANAGEMENT PLANNING PROC-
ESS INVOLVING ALL ELECTRIC CORPORATIONS AND OTHER INVOLVED ORGANIZA-
TIONS.
§ 5. The public service law is amended by adding a new section 66-p to
read as follows:
§ 66-P. UTILITY PREPAREDNESS FOR OUTAGES AND DISRUPTIONS OF SERVICE.
1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "ELECTRIC TRANSMISSION AND DISTRIBUTION COMPANY", "TRANSMISSION
AND DISTRIBUTION COMPANY" OR "COMPANY" MEANS AN INVESTOR-OWNED UTILITY
COMPANY HAVING ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS
THAT TRANSMITS AND DISTRIBUTES ELECTRICITY WITHIN THIS STATE.
(B) "VEGETATION MANAGEMENT" MEANS PROGRAMS AND PRACTICES DESIGNED TO
PREVENT ELECTRIC SYSTEM DISRUPTIONS OR POWER OUTAGES CAUSED BY THE PHYS-
ICAL INTERFERENCE OR COLLAPSE OF TREES, TREE BRANCHES AND OTHER VEGE-
TATION ON ELECTRIC TRANSMISSION AND DISTRIBUTION LINES.
(C) "UNLAWFUL DISCRIMINATION" MEANS ANY VIOLATION OF SECTION FORTY-TWO
OF THE CIVIL RIGHTS LAW.
S. 7262 4
2. TRANSMISSION AND DISTRIBUTION COMPANY PERFORMANCE BENCHMARKS AND
STANDARDS. (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSION SHALL ESTABLISH, AND EACH TRANSMISSION AND DISTRIBUTION
COMPANY SHALL COMPLY WITH, POWER RESTORATION PERFORMANCE BENCHMARKS AND
STANDARDS TO REDUCE THE DURATION OF OUTAGES AND DISRUPTIONS, AND TO
FACILITATE RESTORATION OF POWER AFTER OUTAGES OR DISRUPTIONS. PRIOR TO
ESTABLISHING SUCH BENCHMARKS AND STANDARDS, THE COMMISSION MAY REQUIRE
COMPANIES TO SUBMIT DOCUMENTS AND ANY OTHER INFORMATION IN THEIR
POSSESSION IN ORDER TO ASSIST THE COMMISSION IN ESTABLISHING SUCH BENCH-
MARKS AND STANDARDS.
(B) THE BENCHMARKS AND STANDARDS ESTABLISHED BY THE COMMISSION SHALL
BE DESIGNED FOR POWER OUTAGES IN WHICH MORE THAN TEN PERCENT OF A TRANS-
MISSION AND DISTRIBUTION COMPANY'S CUSTOMERS ARE WITHOUT POWER FOR MORE
THAN FORTY-EIGHT CONSECUTIVE HOURS, OR FORTY-EIGHT AGGREGATE HOURS WITH-
IN ANY FOURTEEN DAY PERIOD, AND SHALL INCLUDE, BUT NOT BE LIMITED TO,
STANDARDS FOR:
(I) MINIMUM STAFFING AND EQUIPMENT LEVELS FOR EACH COMPANY, BASED ON
THE NUMBER OF CUSTOMERS SERVED BY SUCH COMPANY AND THE NATURE OF THE
INFRASTRUCTURE DEPLOYED TO SERVE SUCH COMPANY'S CUSTOMERS IN THE EVENT
OF AN EMERGING OR WIDE-SPREAD OUTAGE OR DISRUPTION;
(II) A TIMETABLE FOR RESTORATION OF POWER IN OUTAGES AFFECTING MORE
THAN TEN PERCENT, THIRTY PERCENT, FIFTY PERCENT AND SEVENTY PERCENT OF
SUCH COMPANY'S CUSTOMERS;
(III) A TIMETABLE FOR RESTORATION OF POWER WHEN OUTAGES ARE DUE TO
BLACKOUTS OF THE ENTIRE GRID;
(IV) CREATION OF A COMMUNICATION PLAN BETWEEN EACH COMPANY AND ITS
CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, COMMUNICATION DURING TIME
PERIODS THAT ARE NOT CONSIDERED NORMAL BUSINESS HOURS;
(V) THE SAFETY OF THE COMPANY'S EMPLOYEES, WORK CREWS AND PRIVATE
CONTRACTORS;
(VI) CREATION OF MUTUAL AID AGREEMENTS WITH OTHER UTILITIES IN THE
REGION AND, AS NEEDED, IN THE UNITED STATES AND CANADA, FOR MUTUAL STORM
RESTORATION ASSISTANCE, WHICH SUCH AGREEMENTS SHALL BE FILED WITH THE
COMMISSION;
(VII) NOTIFICATION TO THE COMMISSION AND THE PUBLIC WHEN A COMPANY HAS
REQUESTED AID FOR STORM RESTORATION ASSISTANCE FROM OTHER UTILITIES
INCLUDING THE NUMBER OF WORKERS AND/OR ADDITIONAL EQUIPMENT THE COMPANY
HAS REQUESTED;
(VIII) COMMUNICATION AND COORDINATION BETWEEN EACH COMPANY AND THE
RELEVANT STATE, MUNICIPAL AND/OR EMERGENCY OPERATIONS CENTER OFFICIALS
CONCERNING EMERGENCY PREPARATION, ROAD CLEARING AND THE ESTABLISHMENT OF
RESTORATION PRIORITIES;
(IX) TREE TRIMMING, CUTTING AND REMOVAL BY EACH TRANSMISSION AND
DISTRIBUTION COMPANY TO REDUCE POWER OUTAGES CAUSED BY TREES AND LIMBS;
(X) COMMUNICATION AND COORDINATION, AFTER CONSULTATION WITH THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES, BETWEEN EACH TRANS-
MISSION AND DISTRIBUTION COMPANY AND THE PUBLIC INCLUDING, BUT NOT
LIMITED TO, STANDARDS CONCERNING THE USE OF ANY EMERGENCY NOTIFICATION
SYSTEM TO NOTIFY THE PUBLIC OF THE POWER RESTORATION STATUS AND ANY
DANGEROUS CONDITIONS, INCLUDING NOTIFICATION METHODS SUCH AS MOBILE
TELEPHONE TEXT MESSAGES, ELECTRONIC MAIL AND ANY OTHER ELECTRONIC OR
NON-ELECTRONIC MEANS THAT THE COMMISSION MAY REQUIRE;
(XI) REIMBURSEMENT TO RESIDENTIAL CUSTOMERS FOR:
(A) ACTUAL LOSSES OF FOOD SPOILED DUE TO LACK OF REFRIGERATION CAUSED
DURING A POWER OUTAGE LASTING FORTY-EIGHT OR MORE CONSECUTIVE HOURS WHEN
GREATER THAN TEN PERCENT OF A COMPANY'S RESIDENTIAL CUSTOMERS HAVE LOST
S. 7262 5
POWER, IN AN AMOUNT UP TO TWO HUNDRED DOLLARS UPON SUBMISSION OF AN
ITEMIZED LIST AND IN AN AMOUNT OVER TWO HUNDRED DOLLARS UPON SUBMISSION
OF AN ITEMIZED LIST AND PROOF OF LOSS, UP TO A MAXIMUM OF FOUR HUNDRED
FIFTY DOLLARS FOR ANY ONE CUSTOMER FOR ANY ONE INCIDENT, WHICH SUCH
AMOUNTS MAY BE PERIODICALLY REVIEWED AND CHANGED BY THE COMMISSION; AND
(B) ACTUAL LOSSES OF PERISHABLE PRESCRIPTION MEDICINE, SPOILED DUE TO
LACK OF REFRIGERATION, UPON SUBMISSION OF AN ITEMIZED LIST AND PROOF OF
LOSS AND, IF REQUESTED BY THE COMPANY, SUBMISSION OF AUTHORIZATION TO
ENABLE THE COMPANY TO VERIFY THE CLAIMED LOSS;
(XII) TIMELY NOTIFICATION OF POWER OUTAGES AND RESTORATION EFFORTS BY
EACH COMPANY TO ANY RELEVANT STATE OR MUNICIPAL AGENCY OR OFFICIALS
INCLUDING, BUT NOT LIMITED TO, ANY PUBLIC SAFETY AGENCY OR OFFICIALS;
(XIII) THE OPERATION OF AN EMERGENCY CALL CENTER BY EACH COMPANY;
(XIV) THE MEANS OF PREVENTING UNLAWFUL DISCRIMINATION DURING THE
RESTORATION OF SERVICE; AND
(XV) ANY OTHER STANDARDS THE COMMISSION DEEMS NECESSARY.
(C) THE COMMISSION, IN DEVELOPING ITS POWER RESTORATION PERFORMANCE
BENCHMARKS AND STANDARDS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
SHALL REVIEW:
(I) EACH TRANSMISSION AND DISTRIBUTION COMPANY'S CURRENT PRACTICES
CONCERNING POWER RESTORATION AFTER AN EMERGENCY. SUCH REVIEW SHALL
INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS OF EACH SUCH COMPANY'S: (A)
ESTIMATES CONCERNING POTENTIAL DAMAGE AND POWER DISRUPTIONS MADE PRIOR
TO A POTENTIAL OUTAGE AFFECTING MORE THAN TEN PERCENT OF A COMPANY'S
CUSTOMERS FOR A PERIOD OF MORE THAN FORTY-EIGHT CONSECUTIVE HOURS, OR
FORTY-EIGHT AGGREGATE HOURS WITHIN ANY FOURTEEN DAY PERIOD; (B) DAMAGE
AND POWER OUTAGE ASSESSMENTS AFTER ANY EMERGENCY; (C) RESTORATION
MANAGEMENT AFTER ANY EMERGENCY, INCLUDING ACCESS TO ALTERNATE RESTORA-
TION RESOURCES VIA MUTUAL AID AGREEMENTS WITH OTHER UTILITIES FOR MUTUAL
STORM RESTORATION ASSISTANCE, INCLUDING THOSE ENTERED INTO WITH OTHER
TRANSMISSION AND DISTRIBUTION COMPANIES; (D) EACH COMPANY'S PLAN FOR
AT-RISK AND VULNERABLE CUSTOMERS INCLUDING, BUT NOT LIMITED TO, CUSTOM-
ERS IDENTIFIED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION
THIRTY-TWO OF THIS CHAPTER; (E) POLICIES CONCERNING COMMUNICATION WITH
STATE AND LOCAL OFFICIALS AND CUSTOMERS, INCLUDING NOTIFICATION OF
CUSTOMER RESTORATION ESTIMATES AND THE TIMELINESS, ACCURACY AND USEFUL-
NESS OF SUCH ESTIMATES; AND (F) THE NEED FOR MUTUAL AID AGREEMENTS WITH
OTHER UTILITIES FOR MUTUAL STORM RESTORATION INCLUDING ASSISTANCE FROM
CREWS SERVING OTHER UTILITIES OR COMPANIES;
(II) THE ADEQUACY OF EACH TRANSMISSION AND DISTRIBUTION COMPANY'S
INFRASTRUCTURE, FACILITIES AND EQUIPMENT INCLUDING, BUT NOT LIMITED TO,
ELECTRIC DISTRIBUTION LINES, ELECTRIC TRANSFORMERS AND CIRCUITS, WHICH
SHALL INCLUDE AN ANALYSIS OF: (A) WHETHER SUCH COMPANY IS FOLLOWING
STANDARD INDUSTRY PRACTICES FOR OPERATION AND MAINTENANCE OF SUCH
INFRASTRUCTURE, FACILITIES AND EQUIPMENT; AND (B) WHETHER SUCH COMPANY
HAS ACCESS TO ADEQUATE REPLACEMENT EQUIPMENT FOR SUCH INFRASTRUCTURE,
FACILITIES AND EQUIPMENT DURING THE COURSE OF A POWER OUTAGE AFFECTING
MORE THAN TEN PERCENT OF A COMPANY'S CUSTOMERS FOR MORE THAN FORTY-EIGHT
CONSECUTIVE HOURS, OR FORTY-EIGHT AGGREGATE HOURS WITHIN ANY FOURTEEN
DAY PERIOD;
(III) VEGETATION MANAGEMENT POLICIES OF EACH TRANSMISSION AND DISTRIB-
UTION COMPANY INCLUDING: (A) EXPENDITURES FOR TREE TRIMMING AND OTHER
PRACTICES TO PREVENT INTERFERENCE OF TRANSMISSION AND DISTRIBUTION LINES
BY VEGETATION; (B) INCIDENCE OF POWER OUTAGES CAUSED BY VEGETATION
INCLUDING FALLING TREES AND TREE BRANCHES CAUSED BY WEATHER OR OTHER
EVENTS; AND (C) THE AMOUNT AND DURATION OF POWER OUTAGES DURING PREVIOUS
S. 7262 6
MAJOR STORMS CAUSED BY TREES AND LIMBS OUTSIDE THE CURRENT RIGHT OF WAY
MANAGEMENT WITH CONSIDERATION GIVEN TO THE QUANTITY AND EFFECTIVENESS OF
PRIOR TREE TRIMMING;
(IV) THE IMPACT INCLUDING, BUT NOT LIMITED TO, POTENTIAL REDUCTION OF
POWER OUTAGES AND POTENTIAL COST OF BURYING POWER LINES UNDERGROUND WERE
SUCH EFFORT TO BE UNDERTAKEN;
(V) THE IMPACT OF EXPANDING THE AREA ADJACENT TO DISTRIBUTION LINES
FOR TREE TRIMMING INCLUDING AN ANALYSIS OF THE BENEFITS AND THE COSTS OF
SUCH EXPANSION TO RATEPAYERS AND THE LIKELIHOOD THAT SUCH EXPANSION
WOULD DECREASE DAMAGE TO INFRASTRUCTURE, FACILITIES AND EQUIPMENT USED
TO DISTRIBUTE ELECTRICITY AND DECREASE POWER OUTAGE FREQUENCY OR DURA-
TION; AND
(VI) ANY OTHER POLICY OR PRACTICE THE COMMISSION DEEMS NECESSARY TO
ANALYZE IN ORDER TO CONDUCT THE REVIEW REQUIRED PURSUANT TO THIS PARA-
GRAPH.
(D) THE COMMISSION SHALL PERMIT EACH COMPANY TO RECOVER THE REASONABLE
COSTS INCURRED BY SUCH COMPANY TO MAINTAIN OR IMPROVE THE RELIABILITY OF
SUCH COMPANY'S INFRASTRUCTURE NECESSARY TO MEET THE STANDARDS ESTAB-
LISHED PURSUANT TO THIS SECTION.
(E) THE COMMISSION MAY ALSO ESTABLISH STANDARDS FOR ACCEPTABLE
PERFORMANCE BY EACH TRANSMISSION AND DISTRIBUTION COMPANY IN AN EMERGEN-
CY, IN ACCORDANCE WITH THIS SECTION, UPON A DETERMINATION BY THE COMMIS-
SION THAT THE CHANGED CIRCUMSTANCES OF ANY UTILITY COMPANY NECESSITATES
SUCH ADDITIONAL STANDARDS.
(F) WITHIN ONE YEAR FOLLOWING THE ESTABLISHMENT OF THE BENCHMARKS AND
STANDARDS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND EACH YEAR
THEREAFTER, EACH TRANSMISSION AND DISTRIBUTION COMPANY SHALL PROVIDE AN
EMERGENCY RESPONSE REPORT TO THE COMMISSION. SUCH REPORT SHALL INCLUDE
INFORMATION AND AN ANALYSIS CONCERNING SUCH COMPANY'S ABILITY AND
PERFORMANCE DURING THE PRECEDING YEAR TO MEET THE EMERGENCY PREPAREDNESS
AND RESPONSE STANDARDS ESTABLISHED BY THE COMMISSION PURSUANT TO THIS
SECTION. IN ADDITION TO THE ANNUAL RESPONSE REPORT REQUIRED IN THIS
PARAGRAPH, THE COMMISSION MAY REQUIRE ANY UTILITY TO SUBMIT A SUPPLE-
MENTAL EMERGENCY RESPONSE REPORT AFTER ANY STORM, EMERGENCY OR EVENT
CAUSING SIGNIFICANT POWER DISRUPTIONS.
3. THE COMMISSION SHALL REVIEW THE PERFORMANCE OF EACH TRANSMISSION
AND DISTRIBUTION COMPANY AFTER ANY EMERGENCY: (A) IN WHICH MORE THAN TEN
PERCENT OF ANY SUCH COMPANY'S CUSTOMERS WERE WITHOUT POWER FOR MORE THAN
FORTY-EIGHT CONSECUTIVE HOURS, OR FORTY-EIGHT AGGREGATE HOURS WITHIN ANY
FOURTEEN DAY PERIOD; OR (B) AT THE COMMISSION'S DISCRETION. THE COMMIS-
SION, UPON A FINDING, AFTER A HEARING OR OPPORTUNITY TO BE HEARD, THAT
ANY SUCH COMPANY FAILED TO COMPLY WITH ANY RESTORATION STANDARD REQUIRED
BY THIS SECTION OR ANY ORDER OF THE COMMISSION IN PREPARATION FOR A
POWER OUTAGE, OR IN RESTORATION OF A POWER OUTAGE, SHALL IMPOSE CIVIL
PENALTIES AGAINST SUCH COMPANY, NOT TO EXCEED A TOTAL OF TWO AND ONE-
HALF PERCENT OF SUCH COMPANY'S GROSS ANNUAL REVENUES FROM ELECTRIC
DISTRIBUTION. IN DETERMINING THE AMOUNT OF ANY PENALTY, THE COMMISSION
MAY CONSIDER WHETHER SUCH COMPANY RECOVERED COSTS INCURRED PURSUANT TO
PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION TO MEET INFRASTRUCTURE
RELIABILITY EFFORTS TO IMPROVE SUCH COMPANY'S PERFORMANCE. ANY SUCH
PENALTY IMPOSED SHALL BE PAID TO THE CUSTOMERS OR RATEPAYERS OF SUCH
COMPANY IN THE FORM OF A CREDIT, WHICH SHALL BE CREDITED WITHIN ONE
HUNDRED TWENTY DAYS OF SUCH ORDER. ANY SUCH PENALTY SHALL NOT BE
INCLUDED AS AN OPERATING EXPENSE OF SUCH COMPANY FOR THE PURPOSES OF
RATEMAKING.
§ 6. This act shall take effect immediately.
