S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11056
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public service law, in relation to establishing the
   electric customer bill of rights during a service disruption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 1. Definitions. For purposes of this section:
   a.  "customer  with life-saving equipment" shall have the same meaning
 as a person living in a residence that uses a  life  support  system  as
 defined in subdivision 12 of section 65 of the public service law;
   b.  "electric service disruption" shall mean a storm, storm-like emer-
 gency or system emergency that causes or is projected to  cause  one  or
 more customers in a county or service area of an electric corporation to
 lose electric service for twelve hours or more; and
   c.  "special needs customer" shall mean electric corporation customers
 including but not limited to the elderly, the vision-impaired, the hear-
 ing and speech-impaired, and the mobility impaired,  and  human  service
 agencies representing such customers.
   2.  The public service commission shall commence a rulemaking proceed-
 ing to set minimum requirements regarding the rights of  customers  that
 electric  corporations  shall  adhere  to at times preceding and for the
 duration of an electric service disruption. Upon adoption by the commis-
 sion, each electric corporation shall incorporate the established  mini-
 mum  requirements  into its emergency response plan pursuant to subdivi-
 sion 21 of section 66 of the public service law  and  shall  inform  its
 customers  of such information via posts on its website, e-mail and bill
 inserts. Such  rulemaking  proceeding  shall  set  minimum  requirements
 regarding:
   a.  electric  corporations providing a refund or discount to customers
 for the basic service charge, fixed charge, or minimum  customer  charge
 for electric service on a pro-rata basis, based on the duration of elec-
 tric service disruption to the customer;
   b.  for customers with life-saving equipment and special needs custom-
 ers, electric corporations delivering, and refueling or recharging back-
 up generators capable of powering life-saving equipment to such  custom-
 ers, or providing temporary lodging accommodations at a location capable
              

 of  powering life-saving equipment, including but not limited to compen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17285-02-0

 A. 11056                            2
 
 sation for hotel rooms or hospital admissions, based on the duration  of
 electric service disruption to the customer;
   c.  the establishment of a plan by electric corporations to prioritize
 electric service restoration to customers with life-saving equipment and
 special needs customers;
   d. electric corporations  providing  customers  who  work  from  home,
 compensation  for  lost income or revenue based on the duration of elec-
 tric service disruption to the customer;
   e. the establishment,  modification  or  replacement  of  an  electric
 corporation  tariff  that  adopts  the  provisions  of  subdivision 5 of
 section 65-c of the public service law regarding reimbursement for spoi-
 lage of food and medication. Such tariff  shall  establish  requirements
 regarding  communications to customers on the claims process for spoiled
 food and medication at times preceding and for the duration of an  elec-
 tric  service disruption, so that customers are aware of how to document
 their losses; and
   f. the establishment of a plan by electric  corporations  to  identify
 locations  for  dry  ice  distribution  and  co-located  power  charging
 stations in the event a storm, storm-like emergency or system  emergency
 that  causes or is projected to cause five thousand or more customers in
 a county or service area of an electric  corporation  to  lose  electric
 service for twelve hours or more. In cooperation with relevant entities,
 such  plan  shall  identify public and private locations and provide for
 backup locations. Such plan shall provide that, in a city with  a  popu-
 lation  of  one  million or more residents, all customers affected by an
 outage shall be within one-quarter of a mile from a dry  ice  and  power
 charging location.
   § 2. The public service law is amended by adding a new section 65-c to
 read as follows:
   §  65-C. ELECTRIC CUSTOMER BILL OF RIGHTS DURING A SERVICE DISRUPTION.
 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   (A) "CUSTOMER WITH LIFE-SAVING EQUIPMENT" SHALL HAVE THE SAME  MEANING
 AS  A  PERSON  LIVING  IN A RESIDENCE THAT USES A LIFE SUPPORT SYSTEM AS
 DEFINED IN SUBDIVISION TWELVE OF SECTION SIXTY-FIVE OF THIS ARTICLE;
   (B) "ELECTRIC SERVICE DISRUPTION" SHALL MEAN A STORM, STORM-LIKE EMER-
 GENCY OR SYSTEM EMERGENCY THAT CAUSES OR IS PROJECTED TO  CAUSE  ONE  OR
 MORE CUSTOMERS IN A COUNTY OR SERVICE AREA OF AN ELECTRIC CORPORATION TO
 LOSE ELECTRIC SERVICE FOR TWELVE HOURS OR MORE; AND
   (C) "SPECIAL NEEDS CUSTOMER" SHALL MEAN ELECTRIC CORPORATION CUSTOMERS
 INCLUDING BUT NOT LIMITED TO THE ELDERLY, THE VISION-IMPAIRED, THE HEAR-
 ING  AND  SPEECH-IMPAIRED,  AND THE MOBILITY IMPAIRED, AND HUMAN SERVICE
 AGENCIES REPRESENTING SUCH CUSTOMERS.
   2. CUSTOMER COMMUNICATION. (A) TO  THE  EXTENT  PRACTICABLE  BASED  ON
 WEATHER PROJECTIONS, STORM CLASSIFICATION AND PRE-DISRUPTION INFORMATION
 REGARDING  THE EXTENT OF THE OUTAGE, AN ELECTRIC CORPORATION PRIOR TO AN
 ELECTRIC SERVICE DISRUPTION SHALL COMMUNICATE WITH CUSTOMERS  VIA  POSTS
 ON  SUCH  CORPORATION'S  WEBSITE,  E-MAIL,  AUTOMATED PHONE CALL, AND IF
 INDICATED BY THE CUSTOMER,  TEXT  MESSAGE;  AND  COMMUNICATE  WITH  NEWS
 MEDIA,  SOCIAL  MEDIA  SITES,  AND  LOCAL ELECTED OFFICIALS. AN ELECTRIC
 CORPORATION SHALL HAVE THE CAPABILITY OF CONVEYING SUCH COMMUNICATION IN
 AT LEAST ONE LANGUAGE  OTHER  THAN  ENGLISH.  SUCH  COMMUNICATION  SHALL
 INCLUDE BUT NOT BE LIMITED TO:
   I.  INFORMATION REGARDING THE SEVERITY OF A STORM, STORM-LIKE ELECTRIC
 EMERGENCY OR SYSTEM EMERGENCY;

 A. 11056                            3
 
   II. OUTAGE SAFETY PRECAUTIONS, INCLUDING BUT  NOT  LIMITED  TO:  STORM
 SURVIVAL WITHOUT ELECTRIC POWER, SAFETY PRECAUTIONS REGARDING ELECTRICAL
 HAZARDS SUCH AS DOWNED WIRES AND THE USE OF PORTABLE GENERATORS;
   III. INSTRUCTIONS ON HOW TO REPORT AN OUTAGE;
   IV.  INSTRUCTIONS ON HOW TO RECEIVE OR OBTAIN INFORMATION REGARDING AN
 ESTIMATED TIME OF RESTORATION IN THE EVENT THERE IS AN OUTAGE;
   V. PLANNED DRY ICE DISTRIBUTION AND POWER CHARGING LOCATIONS  PURSUANT
 TO SUBDIVISION FOUR OF THIS SECTION;
   VI. PLANNED COOLING LOCATIONS IF NECESSARY;
   VII.  THE  CLAIMS  PROCESS FOR SPOILED FOOD AND MEDICATION PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION, SO THAT CUSTOMERS ARE AWARE OF HOW  TO
 DOCUMENT THEIR LOSSES;
   VIII.  POTENTIAL INFORMATION ADOPTED PURSUANT TO A RULEMAKING PROCEED-
 ING COMMENCED BY THE COMMISSION REGARDING: A PRO-RATA  DISCOUNT  ON  THE
 BASIC  SERVICE  CHARGE,  BACKUP GENERATORS OR TEMPORARY LODGING ACCOMMO-
 DATIONS AND COMPENSATION FOR CUSTOMERS WITH  LIFE-SAVING  EQUIPMENT  AND
 SPECIAL NEEDS CUSTOMERS, AND COMPENSATION FOR LOST INCOME OR REVENUE FOR
 CUSTOMERS THAT WORK FROM HOME; AND
   IX.  INFORMATION  FOR CUSTOMERS WITH LIFE-SAVING EQUIPMENT AND SPECIAL
 NEEDS CUSTOMERS INCLUDING BUT NOT LIMITED TO: THE UNIQUE PRIORITY  PHONE
 NUMBER  FOR  SUCH  CUSTOMERS  ESTABLISHED  PURSUANT  TO PARAGRAPH (A) OF
 SUBDIVISION THREE OF THIS SECTION, THE POTENTIAL USE OF BACKUP EQUIPMENT
 NEEDED TO POWER LIFE-SAVING EQUIPMENT, AND THE POTENTIAL FACILITATION OF
 TRANSPORTATION TO THE NEAREST HOSPITAL OR FACILITY THAT  IS  CAPABLE  OF
 POWERING LIFE-SAVING EQUIPMENT.
   (B)  FOR THE DURATION OF AN ELECTRIC SERVICE DISRUPTION, SUCH ELECTRIC
 CORPORATION SHALL COMMUNICATE WITH CUSTOMERS VIA POSTS  ON  SUCH  CORPO-
 RATION'S  WEBSITE, E-MAIL, AUTOMATED PHONE CALL, AND IF INDICATED BY THE
 CUSTOMER, TEXT MESSAGE; AND COMMUNICATE WITH NEWS  MEDIA,  SOCIAL  MEDIA
 SITES,  AND  LOCAL ELECTED OFFICIALS. AN ELECTRIC CORPORATION SHALL HAVE
 THE CAPABILITY OF CONVEYING SUCH COMMUNICATION IN AT LEAST ONE  LANGUAGE
 OTHER  THAN ENGLISH. SUCH COMMUNICATION SHALL INCLUDE BUT NOT BE LIMITED
 TO:
   I. INFORMATION REGARDING THE ONGOING SEVERITY OF A  STORM,  STORM-LIKE
 ELECTRIC EMERGENCY OR SYSTEM EMERGENCY;
   II.  OUTAGE  SAFETY  PRECAUTIONS,  INCLUDING BUT NOT LIMITED TO: STORM
 SURVIVAL WITHOUT ELECTRIC POWER, SAFETY PRECAUTIONS REGARDING ELECTRICAL
 HAZARDS SUCH AS DOWNED WIRES AND THE USE OF PORTABLE GENERATORS;
   III. INSTRUCTIONS ON HOW TO REPORT AN OUTAGE;
   IV. UPDATED INFORMATION REGARDING THE ESTIMATED TIME  OF  RESTORATION,
 INCLUDING WEBSITE LINKS TO OUTAGE MAPS UPDATED EVERY THIRTY MINUTES;
   V. NOTIFICATION TO CUSTOMERS WITH LIFE-SAVING EQUIPMENT, SPECIAL NEEDS
 CUSTOMERS  AND  CUSTOMERS  WHO  REPORTED  AN  OUTAGE WHEN POWER HAS BEEN
 RESTORED TO THEIR AREA FOR VERIFICATION PURPOSES;
   VI. INSTRUCTIONS ON HOW TO RECEIVE OR OBTAIN INFORMATION REGARDING  AN
 ESTIMATED TIME OF RESTORATION;
   VII.  DRY  ICE  DISTRIBUTION  AND POWER CHARGING LOCATIONS PURSUANT TO
 SUBDIVISION FOUR OF THIS SECTION;
   VIII. COOLING LOCATIONS, IF NECESSARY;
   IX. THE CLAIMS PROCESS FOR SPOILED FOOD  AND  MEDICATION  PURSUANT  TO
 SUBDIVISION  FIVE  OF THIS SECTION SO THAT CUSTOMERS ARE AWARE OF HOW TO
 DOCUMENT THEIR LOSSES;
   X. POTENTIAL INFORMATION ADOPTED PURSUANT TO A  RULEMAKING  PROCEEDING
 COMMENCED  BY THE COMMISSION REGARDING: A PRO-RATA DISCOUNT ON THE BASIC
 SERVICE CHARGE, BACKUP GENERATORS OR  TEMPORARY  LODGING  ACCOMMODATIONS
 AND  COMPENSATION  FOR  CUSTOMERS WITH LIFE-SAVING EQUIPMENT AND SPECIAL

 A. 11056                            4
 
 NEEDS CUSTOMERS, AND COMPENSATION FOR LOST INCOME OR REVENUE FOR CUSTOM-
 ERS THAT WORK FROM HOME; AND
   XI.  INFORMATION  FOR CUSTOMERS WITH LIFE-SAVING EQUIPMENT AND SPECIAL
 NEEDS CUSTOMERS INCLUDING BUT NOT LIMITED TO: THE UNIQUE PRIORITY  PHONE
 NUMBER  FOR  SUCH  CUSTOMERS  ESTABLISHED  PURSUANT  TO PARAGRAPH (A) OF
 SUBDIVISION THREE OF THIS SECTION, THE POTENTIAL USE OF BACKUP EQUIPMENT
 NEEDED TO POWER LIFE-SAVING EQUIPMENT, AND THE FACILITATION OF TRANSPOR-
 TATION TO THE NEAREST HOSPITAL OR FACILITY THAT IS CAPABLE  OF  POWERING
 LIFE-SAVING EQUIPMENT.
   3.  CUSTOMERS  WITH LIFE-SAVING EQUIPMENT AND SPECIAL NEEDS CUSTOMERS.
 (A) ELECTRIC CORPORATIONS SHALL ESTABLISH A UNIQUE PRIORITY PHONE NUMBER
 THAT SHALL REMAIN IN OPERATION EVERY DAY OF THE YEAR FOR CUSTOMERS  WITH
 LIFE-SAVING EQUIPMENT AND SPECIAL NEEDS CUSTOMERS.
   (B)INFORMATION  REGARDING  SUCH PHONE NUMBER SHALL BE PROVIDED IN BILL
 INSERTS, VIA E-MAIL, AND POSTED ON ELECTRIC CORPORATIONS'  WEBSITES  AND
 SHALL  INCLUDE  REMINDERS FOR EXISTING CUSTOMERS WITH LIFE-SAVING EQUIP-
 MENT AND SPECIAL NEEDS CUSTOMERS TO CALL SUCH NUMBER TO ENSURE THEY  ARE
 STILL  REGISTERED WITH THE ELECTRIC CORPORATION AS A CUSTOMER WITH LIFE-
 SAVING EQUIPMENT OR A SPECIAL NEEDS CUSTOMER.
   (C) CUSTOMERS WITH LIFE-SAVING EQUIPMENT AND SPECIAL  NEEDS  CUSTOMERS
 SHALL  BE  ABLE TO CALL SUCH NUMBER ESTABLISHED BY PARAGRAPH (A) OF THIS
 SUBDIVISION AT ANY TIME, INCLUDING A TIME PRECEDING OR DURING  AN  ELEC-
 TRIC SERVICE DISRUPTION TO:
   I.  REGISTER  WITH  AN  ELECTRIC CORPORATION SO AS TO BE PLACED ON ITS
 CURRENT LIST OF CUSTOMERS WHO  USE  LIFE  SUPPORT  SYSTEMS  PURSUANT  TO
 SUBDIVISION TWELVE OF SECTION SIXTY-FIVE OF THIS ARTICLE;
   II.  RECEIVE  INFORMATION  OR  PROJECTIONS REGARDING THE SEVERITY OF A
 STORM, STORM-LIKE ELECTRIC EMERGENCY OR SYSTEM EMERGENCY, IF APPLICABLE;
   III. REPORT AN OUTAGE OR RECEIVE INSTRUCTIONS  ON  HOW  TO  REPORT  AN
 OUTAGE;
   IV. RECEIVE UPDATED INFORMATION REGARDING THE ESTIMATED TIME OF RESTO-
 RATION,  INCLUDING  WEBSITE  LINKS  TO  OUTAGE MAPS UPDATED EVERY THIRTY
 MINUTES, IF APPLICABLE;
   V. RECEIVE OUTAGE SAFETY PRECAUTIONS, INCLUDING BUT  NOT  LIMITED  TO:
 STORM  SURVIVAL  WITHOUT  ELECTRIC  POWER,  SAFETY PRECAUTIONS REGARDING
 ELECTRICAL HAZARDS SUCH AS DOWNED WIRES AND THE USE OF PORTABLE  GENERA-
 TORS;
   VI.  RECEIVE  INFORMATION  REGARDING  DRY  ICE  DISTRIBUTION AND POWER
 CHARGING LOCATIONS PURSUANT TO SUBDIVISION  FOUR  OF  THIS  SECTION,  IF
 APPLICABLE;
   VII. RECEIVE INFORMATION REGARDING POWER CHARGING LOCATIONS, IF APPLI-
 CABLE;
   VIII.  RECEIVE  INFORMATION  REGARDING COOLING LOCATIONS, IF NECESSARY
 AND APPLICABLE;
   IX. RECEIVE INFORMATION REGARDING THE CLAIMS PROCESS FOR SPOILED  FOOD
 AND MEDICATION PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, IF APPLICA-
 BLE, SO THAT CUSTOMERS ARE AWARE OF HOW TO DOCUMENT THEIR LOSSES;
   X.  RECEIVE  POTENTIAL  INFORMATION  ADOPTED  PURSUANT TO A RULEMAKING
 PROCEEDING COMMENCED BY THE COMMISSION REGARDING: A PRO-RATA DISCOUNT ON
 THE BASIC SERVICE CHARGE, BACKUP GENERATORS OR TEMPORARY LODGING  ACCOM-
 MODATIONS  AND COMPENSATION FOR CUSTOMERS WITH LIFE-SAVING EQUIPMENT AND
 SPECIAL NEEDS CUSTOMERS, AND COMPENSATION FOR LOST INCOME OR REVENUE FOR
 CUSTOMERS THAT WORK FROM HOME, IF APPLICABLE; AND
   XI. RECEIVE INFORMATION REGARDING THE FACILITATION  OF  TRANSPORTATION
 TO  THE  NEAREST  HOSPITAL OR FACILITY THAT IS CAPABLE OF POWERING LIFE-
 SAVING EQUIPMENT, IF APPLICABLE.

 A. 11056                            5
 
   4. DRY ICE DISTRIBUTION AND POWER CHARGING STATIONS. (A) IN THE  EVENT
 A  STORM,  STORM-LIKE  EMERGENCY  OR  SYSTEM EMERGENCY THAT CAUSES OR IS
 PROJECTED TO CAUSE FIVE THOUSAND  OR  MORE  CUSTOMERS  IN  A  COUNTY  OR
 SERVICE  AREA  OF  AN  ELECTRIC CORPORATION TO LOSE ELECTRIC SERVICE FOR
 TWELVE  HOURS  OR  MORE,  AN  ELECTRIC  CORPORATION  SHALL  COMMENCE THE
 DISTRIBUTION OF DRY ICE AND  DEPLOYMENT  OF  CO-LOCATED  POWER  CHARGING
 STATIONS  TO CUSTOMERS NO LATER THAN TWELVE HOURS FOLLOWING THE START OF
 POWER RESTORATION OPERATIONS UNDERTAKEN BY  SUCH  ELECTRIC  CORPORATION.
 SUCH DISTRIBUTION SHALL BE PURSUANT TO A RULEMAKING PROCEEDING COMMENCED
 BY THE COMMISSION REGARDING LOCATIONS FOR DRY ICE DISTRIBUTION AND POWER
 CHARGING LOCATIONS, IF SUCH PROCEEDING HAS BEEN COMPLETED.
   (B)  PRIOR  TO  A STORM, STORM-LIKE EMERGENCY OR SYSTEM EMERGENCY THAT
 CAUSES OR IS PROJECTED TO CAUSE FIVE THOUSAND OR  MORE  CUSTOMERS  IN  A
 COUNTY  OR  SERVICE  AREA  OF  AN  ELECTRIC CORPORATION TO LOSE ELECTRIC
 SERVICE FOR TWELVE HOURS OR MORE, TO THE  EXTENT  PRACTICABLE  BASED  ON
 WEATHER  PROJECTIONS,  STORM CLASSIFICATION, AND PRE-DISRUPTION INFORMA-
 TION REGARDING THE EXTENT OF THE OUTAGE, AN ELECTRIC  CORPORATION  SHALL
 BEGIN  THE  PROCUREMENT PROCESS FOR DRY ICE FOR PURPOSES OF DISTRIBUTION
 TO CUSTOMERS DURING SUCH DISRUPTION.
   5. REIMBURSEMENT FOR SPOILAGE OF FOOD AND MEDICATION. (A) AN  ELECTRIC
 CORPORATION  SHALL  REIMBURSE CUSTOMERS FOR SPOILAGE OF FOOD AND MEDICA-
 TION DUE TO LACK OF REFRIGERATION THAT IS  ATTRIBUTABLE  TO  A  LOSS  OF
 ELECTRIC  SERVICE  BECAUSE  OF A STORM, STORM-LIKE ELECTRIC EMERGENCY OR
 SYSTEM EMERGENCY WHEN SUCH SERVICE DISRUPTION  LASTS  FOR  A  PERIOD  IN
 EXCESS  OF TWELVE HOURS OR WHEN THE SAME CUSTOMER IS SUBJECTED TO TWO OR
 MORE SUCH SERVICE DISRUPTIONS AGGREGATING TWELVE HOURS OR MORE WITHIN  A
 TWENTY-FOUR HOUR PERIOD, PURSUANT TO THE FOLLOWING:
   I. FOR A RESIDENTIAL CUSTOMER WITH A CLAIM FOR SPOILAGE OF FOOD TOTAL-
 ING  TWO  HUNDRED  TWENTY-FIVE DOLLARS OR LESS, THE ELECTRIC CORPORATION
 SHALL ONLY BE AUTHORIZED TO REQUIRE AN ITEMIZED LIST  OF  SUCH  FOOD  IN
 ORDER TO PROCESS SUCH CLAIM;
   II. FOR RESIDENTIAL CUSTOMERS WITH A CLAIM FOR SPOILAGE OF FOOD TOTAL-
 ING  TWO  HUNDRED  TWENTY-SIX  DOLLARS OR MORE, THE ELECTRIC CORPORATION
 SHALL ONLY BE AUTHORIZED TO REQUIRE  AN  ITEMIZED  LIST  AND  DOCUMENTED
 PROOF,  WHICH  MAY CONSTITUTE A PICTURE, OF A LOSS OF SUCH FOOD IN ORDER
 TO PROCESS SUCH CLAIM;
   III. FOR A RESIDENTIAL CUSTOMER WITH A CLAIM FOR SPOILAGE  OF  MEDICA-
 TION TOTALING ANY AMOUNT, THE ELECTRIC CORPORATION SHALL ONLY BE AUTHOR-
 IZED TO REQUIRE AN ITEMIZED LIST AND DOCUMENTED PROOF, WHICH MAY CONSTI-
 TUTE  A  PICTURE,  OF  LOSS  OF SUCH MEDICATION IN ORDER TO PROCESS SUCH
 CLAIM;
   IV. RESIDENTIAL CUSTOMERS SHALL BE AUTHORIZED TO SUBMIT ONE CLAIM  FOR
 SPOILAGE OF FOOD PER WEEK FOR THE DURATION OF THE OUTAGE. THERE SHALL BE
 NO  LIMIT  ON THE NUMBER OF CLAIMS SUBMITTED FOR SPOILAGE OF MEDICATION;
 AND
   V. UPON RECEIPT OF SUCH CLAIMS, AN ELECTRIC CORPORATION SHALL  FACILI-
 TATE PAYMENT TO SUCH CUSTOMER AS SOON AS POSSIBLE.
   (B)  ELECTRIC CORPORATIONS SHALL BE REQUIRED TO COMMUNICATE TO CUSTOM-
 ERS THE CLAIMS PROCESS FOR SPOILED FOOD AND  MEDICATION  ESTABLISHED  BY
 THIS  SECTION  AT  TIMES  PRECEDING  AND FOR THE DURATION OF AN ELECTRIC
 SERVICE DISRUPTION, SO THAT CUSTOMERS ARE AWARE OF HOW TO DOCUMENT THEIR
 LOSSES.
   § 3. This act shall take effect immediately, provided that section two
 shall take effect one year after the effective date of this act.