S T A T E O F N E W Y O R K
________________________________________________________________________
9091
I N S E N A T E
November 16, 2020
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 9091 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;
S. 9091 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
S. 9091 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.
S. 9091 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.