S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7065
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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:
 
   Section 1. Section 25 of the public service law, as added  by  chapter
 665  of  the laws of 1980, subdivision 2, paragraph (a) of subdivision 3
 and paragraph (a) of subdivision 4 as amended by chapter 375 of the laws
 of 1986, is amended to read as follows:
   § 25. Penalties. 1.  Every  public  utility  company,  corporation  or
 person  and  the  officers,  agents and employees thereof shall obey and
 comply with every provision of this chapter and  every  order  or  regu-
 lation adopted under authority of this chapter so long as the same shall
 be in force.
   2. Any public utility company, corporation or person and the officers,
 agents and employees thereof that knowingly fails or neglects to obey or
 comply  with  a  provision of this chapter OR A REGULATION or [an] order
 adopted under authority of this chapter so long as the same shall be  in
 force,  shall  forfeit to the people of the state of New York a sum [not
 exceeding one hundred thousand dollars constituting a civil penalty  for
 each  and every offense and, in the case of a continuing violation, each
 day shall be deemed a separate and distinct offense] THAT SHALL  BE  SET
 BY THE PUBLIC SERVICE COMMISSION AFTER CONSIDERING THE FOLLOWING:
   (A)    THE  SCOPE  OF  DAMAGES CAUSED BY THE VIOLATION TO INDIVIDUALS,
 BUSINESSES AND THE STATE;
   (B) EACH INDIVIDUAL ACT OR OMISSION WHICH LED TO THE VIOLATION;
   (C) WHETHER THE VIOLATION WAS KNOWING OR WILLFUL;
   (D) WHETHER THE VIOLATION WAS RECURRING, OR HAD BEEN THE SUBJECT OF  A
 PREVIOUS FINDING BY THE COMMISSION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02683-07-1
              

 A. 7065                             2
 
   (E)  WHETHER  THE  VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR  A
 REGULATION OR   ORDER ADOPTED  UNDER  THE  AUTHORITY  OF  THIS  CHAPTER,
 ADOPTED  SPECIFICALLY FOR  THE PROTECTION OF HUMAN SAFETY, INCLUDING BUT
 NOT LIMITED TO THE COMMISSION'S CODE  OF  GAS  SAFETY  REGULATIONS,  AND
 WHETHER  THE  VIOLATION  CAUSED  OR CONSTITUTED A CONTRIBUTING FACTOR IN
 BRINGING ABOUT A DEATH OR PERSONAL INJURY, AS DETERMINED BY THE  COMMIS-
 SION;
   (F)  WHETHER  THE  VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR  A
 REGULATION OR   ORDER ADOPTED  UNDER  THE  AUTHORITY  OF  THIS  CHAPTER,
 SPECIFICALLY DESIGNED TO PROTECT  THE OVERALL RELIABILITY AND CONTINUITY
 OF  SERVICE,  THE DURATION OF ANY SUCH VIOLATION, WHETHER SUCH VIOLATION
 AFFECTED THE RELIABILITY OR CONTINUITY OF SERVICE, THE DURATION  OF  ANY
 SUCH EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE, AND WHETHER ANY
 EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE WAS RECURRING;
   (G)  THE  ECONOMIC  LOSSES  OF  RATEPAYERS,  IN  THE FORM OF INCREASED
 SERVICE RATES OR OTHERWISE, ASSOCIATED WITH DAMAGE TO  OR  WEAKENING  OF
 INFRASTRUCTURE  IN  CONNECTION WITH THE EVENT OUT OF WHICH THE VIOLATION
 AROSE, INCLUDING BUT NOT LIMITED TO  INVESTMENTS  AND  COSTS  ASSOCIATED
 WITH REPAIRING, IMPROVING, OR REPLACING SUCH INFRASTRUCTURE;
   (H)  WHETHER  THE  VIOLATION WAS CAUSED IN WHOLE OR IN PART DUE TO THE
 SYSTEMATIC FAILURE OF THE ENTITY TO  MAINTAIN  OR  REPLACE  OBSOLETE  OR
 DETERIORATED MATERIALS OR EQUIPMENT;
   (I) THE DEGREE OF PREPARATION, INCLUDING BUT NOT LIMITED TO THE UTILI-
 ZATION OF MUTUAL AID OR OTHER CONTINGENT RESOURCES, FOR A STORM EVENT OR
 OTHER EVENT OUT OF WHICH THE VIOLATION AROSE FOR WHICH THERE WAS ADVANCE
 WARNING OR NOTICE;
   (J) WITH RESPECT TO TELEPHONE CORPORATIONS, CABLE TELEVISION COMPANIES
 AND  THE  OFFICERS,  AGENTS  AND  EMPLOYEES  THEREOF,  WHETHER A LOSS OF
 COMMERCIAL ELECTRICITY CAUSED THE VIOLATION; AND
   (K) MITIGATING FACTORS RELEVANT TO THE SERIOUSNESS OF  THE  VIOLATION,
 AS DETERMINED BY THE COMMISSION.
   3. [Notwithstanding the provisions of subdivision two of this section,
 any such public utility company, corporation or person and the officers,
 agents and employees thereof that knowingly fails or neglects to obey or
 comply  with  a  provision  of  this  chapter, or an order or regulation
 adopted under the authority of this chapter,  adopted  specifically  for
 the protection of human safety, including but not limited to the commis-
 sion's  code of gas safety regulations shall, if it is determined by the
 commission that such safety violation caused or constituted a contribut-
 ing factor in bringing about a death or personal injury, forfeit to  the
 state of New York a sum not to exceed the greater of:
   (a) two hundred and fifty thousand dollars constituting a civil penal-
 ty  for  each separate and distinct offense; provided, however, that for
 purposes of this paragraph each day of a continuing violation shall  not
 be deemed a separate and distinct offense. The total period of a contin-
 uing  violation, as well as every distinct violation, shall be similarly
 treated as a separate and distinct offense for purposes  of  this  para-
 graph; or
   (b)  the  maximum forfeiture determined in accordance with subdivision
 two of this section.
   4. Notwithstanding the provisions of subdivision one or  two  of  this
 section,  a  public utility company, corporation or person and the offi-
 cers, agents and employees thereof that knowingly fails or  neglects  to
 obey  or  comply  with a provision of this chapter, or an order or regu-
 lation adopted under authority of this chapter, designed to protect  the

 A. 7065                             3

 overall reliability and continuity of electric service, shall forfeit to
 the state of New York a sum not to exceed the greater of:
   (a)  five  hundred  thousand  dollars constituting a civil penalty for
 each separate and distinct offense; provided, however, that for purposes
 of this paragraph each day of a continuing violation shall not be deemed
 a separate and distinct  offense.  The  total  period  of  a  continuing
 violation,  as  well  as  every  distinct  violation, shall be similarly
 treated as a separate and distinct offense for purposes  of  this  para-
 graph; or
   (b)  the  maximum forfeiture determined in accordance with subdivision
 two of this section.
   5.] Penalties provided for pursuant to this section shall be recovered
 in an action as provided in section twenty-four of this article.
   [6] 4.  Any payment made by a public utility company,  corporation  or
 person  and the officers, agents and employees thereof as a result of an
 action as provided in section twenty-four of this article and  the  cost
 of  litigation and investigation related to any such action shall not be
 included by the commission in revenue  requirements  used  to  establish
 rates and charges.
   [7]  5.    In  construing and enforcing the provisions of this chapter
 relating to forfeitures and penalties, the act of any director, officer,
 agent or employee of a public utility  company,  corporation  or  person
 acting  within  the  scope  of  his or her official duties or employment
 shall be deemed to be the act of such  public  utility  company,  corpo-
 ration or person.
   §  2. Section 25-a of the public service law, as added by section 2 of
 part X of chapter 57 of the laws of 2013, is amended to read as follows:
   § 25-a. Combination  gas  and  electric  corporations;  administrative
 sanctions;  recovery  of penalties. Notwithstanding sections twenty-four
 and twenty-five of this article: 1. Every combination gas  and  electric
 corporation  and the officers thereof shall adhere to every provision of
 this chapter and every order or regulation adopted  under  authority  of
 this chapter so long as the same shall be in force.
   2.  (a)  The  commission  shall  have  the authority to assess a civil
 penalty IN AN AMOUNT AS SET FORTH IN THIS SECTION AND against a combina-
 tion gas and electric corporation and the officers  thereof  subject  to
 the  jurisdiction,  supervision,  or regulation pursuant to this chapter
 [in an amount as set forth in this section. In determining the amount of
 any penalty to be assessed pursuant  to  this  section,  the  commission
 shall consider: (i) the seriousness of the violation for which a penalty
 is  sought;  (ii)  the  nature and extent of any previous violations for
 which penalties have been assessed against the corporation  or  officer;
 (iii)  whether  there  was  knowledge  of  the violation; (iv) the gross
 revenues and financial status of the corporation;  and  (v)  such  other
 factors as the commission may deem appropriate and relevant].
   The remedies provided by this subdivision are in addition to any other
 remedies provided in law.
   (b)  Whenever  the commission has reason to believe that a combination
 gas and electric corporation or such officers thereof should be  subject
 to  imposition  of  a civil penalty as set forth in this subdivision, it
 shall notify such corporation or officer.   Such notice  shall  include,
 but shall not be limited to: (i) the date and a brief description of the
 facts and nature of each act or failure to act for which such penalty is
 proposed;  (ii)  a  list  of  each statute, regulation or order that the
 commission alleges has been violated; [and] (iii)  the  amount  of  each
 penalty  that  the  commission  proposes  to  [assess and the holding of

 A. 7065                             4

 evidentiary hearings, as provided in this chapter] BE ASSESSED; AND (IV)
 ANY PROPOSED ACTIONS THAT THE COMMISSION DEEMS NECESSARY TO ADDRESS SUCH
 ALLEGED VIOLATION OR VIOLATIONS.  THE COMMISSION IS AUTHORIZED TO UNDER-
 TAKE  ANY  ADDITIONAL  ADMINISTRATIVE OR INVESTIGATORY  ACTIONS  RELATED
 TO SUCH VIOLATION OR VIOLATIONS, INCLUDING BUT NOT LIMITED  TO,  SERVICE
 OF AN ADMINISTRATIVE COMPLAINT, IMPLEMENTATION OF DISCOVERY, INTERVIEWS,
 DEPOSITIONS,  ENTERING INTO A SETTLEMENT AGREEMENT OR OTHER STIPULATION,
 AND THE HOLDING OF EVIDENTIARY HEARINGS, AS PROVIDED IN THIS CHAPTER.
   (c) Whenever the commission has reason to believe that  a  combination
 gas  and electric corporation or such officers thereof should be subject
 to imposition of a civil penalty or  penalties  as  set  forth  in  this
 subdivision,  the commission shall hold a hearing to demonstrate why the
 proposed penalty or penalties should be assessed against  such  combina-
 tion gas and electric corporation or such officers.
   3. Any combination gas and electric corporation OR SUCH OFFICERS THER-
 EOF  determined  by the commission to have failed to [reasonably] comply
 as shown by a preponderance of the evidence, AT AN EVIDENTIARY  HEARING,
 with  a  provision of this chapter, regulation or an order adopted under
 authority of this chapter so long as the same shall be  in  force  shall
 forfeit a sum [not exceeding the greater of one hundred thousand dollars
 or  two  one-hundredths  of  one  percent of the annual intrastate gross
 operating revenue of the corporation, not including taxes  paid  to  and
 revenues  collected  on  behalf  of  government entities, constituting a
 civil penalty for each and every offense and, in the case of a  continu-
 ing violation, each day shall be deemed a separate and distinct offense]
 THAT  SHALL  BE  SET BY THE PUBLIC SERVICE COMMISSION, AFTER CONSIDERING
 THE FOLLOWING:
   (A) THE SCOPE OF DAMAGES CAUSED BY THE VIOLATION TO INDIVIDUALS, BUSI-
 NESSES AND THE STATE;
   (B) EACH INDIVIDUAL ACT OR OMISSION WHICH LED TO THE VIOLATION;
   (C) WHETHER THE VIOLATION WAS KNOWING OR WILLFUL;
   (D) WHETHER THE VIOLATION WAS RECURRING, OR HAD BEEN THE SUBJECT OF  A
 PREVIOUS FINDING BY THE COMMISSION;
   (E)  WHETHER  THE  VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR  A
 REGULATION OR   ORDER ADOPTED  UNDER  THE  AUTHORITY  OF  THIS  CHAPTER,
 ADOPTED  SPECIFICALLY FOR  THE PROTECTION OF HUMAN SAFETY, INCLUDING BUT
 NOT LIMITED TO THE COMMISSION'S CODE  OF  GAS  SAFETY  REGULATIONS,  AND
 WHETHER  THE  VIOLATION  CAUSED  OR CONSTITUTED A CONTRIBUTING FACTOR IN
 BRINGING ABOUT A DEATH OR PERSONAL INJURY, AS DETERMINED BY THE  COMMIS-
 SION;
   (F)  WHETHER  THE  VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR  A
 REGULATION OR   ORDER ADOPTED  UNDER  THE  AUTHORITY  OF  THIS  CHAPTER,
 SPECIFICALLY DESIGNED TO PROTECT  THE OVERALL RELIABILITY AND CONTINUITY
 OF  SERVICE,  THE DURATION OF ANY SUCH VIOLATION, WHETHER SUCH VIOLATION
 AFFECTED THE RELIABILITY OR CONTINUITY OF SERVICE, THE DURATION  OF  ANY
 SUCH EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE, AND WHETHER ANY
 EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE WAS RECURRING;
   (G)  THE  ECONOMIC  LOSSES  OF  RATEPAYERS,  IN  THE FORM OF INCREASED
 SERVICE RATES OR OTHERWISE, ASSOCIATED WITH DAMAGE TO  OR  WEAKENING  OF
 INFRASTRUCTURE  IN  CONNECTION WITH THE EVENT OUT OF WHICH THE VIOLATION
 AROSE, INCLUDING BUT NOT LIMITED TO  INVESTMENTS  AND  COSTS  ASSOCIATED
 WITH REPAIRING, IMPROVING, OR REPLACING SUCH INFRASTRUCTURE;
   (H)  WHETHER  THE  VIOLATION WAS CAUSED IN WHOLE OR IN PART DUE TO THE
 SYSTEMATIC FAILURE OF THE ENTITY TO  MAINTAIN  OR  REPLACE  OBSOLETE  OR
 DETERIORATED MATERIALS OR EQUIPMENT;

 A. 7065                             5
 
   (I) THE DEGREE OF PREPARATION, INCLUDING BUT NOT LIMITED TO THE UTILI-
 ZATION OF MUTUAL AID OR OTHER CONTINGENT RESOURCES, FOR A STORM EVENT OR
 OTHER EVENT OUT OF WHICH THE VIOLATION AROSE FOR WHICH THERE WAS ADVANCE
 WARNING OR NOTICE;
   (J)  WITH  RESPECT  TO  ANY  TELEPHONE CORPORATION OR CABLE TELEVISION
 COMPANY TO WHICH THIS SECTION APPLIES BY REASON OF  THE  APPLICATION  OF
 SECTION  TWENTY-FIVE-B  OF THIS ARTICLE, AND WITH RESPECT TO ANY OFFICER
 OF ANY SUCH TELEPHONE CORPORATION OR CABLE TELEVISION COMPANY, WHETHER A
 LOSS OF COMMERCIAL ELECTRICITY CAUSED THE VIOLATION; AND
   (K) MITIGATING FACTORS RELEVANT TO THE SERIOUSNESS OF  THE  VIOLATION,
 AS DETERMINED BY THE COMMISSION.
   4.  [Notwithstanding  the  provisions  of  subdivision  three  of this
 section, any such combination gas and electric corporation determined by
 the commission to have failed to reasonably comply with a  provision  of
 this  chapter,  or an order or regulation adopted under the authority of
 this  chapter  specifically  for  the  protection  of  human  safety  or
 prevention  of  significant  damage to real property, including, but not
 limited to, the commission's code of gas safety regulations shall, if it
 is determined by the commission by a preponderance of the evidence  that
 such  safety  violation  caused  or constituted a contributing factor in
 bringing about:  (a) a death or personal injury; or (b) damage  to  real
 property  in  excess  of  fifty  thousand  dollars, forfeit a sum not to
 exceed the greater of:
   (i) two hundred fifty thousand dollars or three one-hundredths of  one
 percent  of  the annual intrastate gross operating revenue of the corpo-
 ration, not including taxes paid to and revenues collected on behalf  of
 government  entities, whichever is greater, constituting a civil penalty
 for each separate and distinct  offense;  provided,  however,  that  for
 purposes of this paragraph, each day of a continuing violation shall not
 be deemed a separate and distinct offense. The total period of a contin-
 uing  violation, as well as every distinct violation, shall be similarly
 treated as a separate and distinct offense for purposes  of  this  para-
 graph; or
   (ii)  the maximum forfeiture determined in accordance with subdivision
 three of this section.
   5. Notwithstanding the provisions of subdivision three or four of this
 section, a combination gas and electric corporation  determined  by  the
 commission to have failed to reasonably comply by a preponderance of the
 evidence  with  a  provision  of this chapter, or an order or regulation
 adopted under authority of this chapter, designed to protect the overall
 reliability and continuity of electric service, including but not limit-
 ed to the restoration of electric service following a major outage event
 or emergency, shall forfeit a sum not to exceed the greater of:
   (a) five hundred  thousand  dollars  or  four  one-hundredths  of  one
 percent  of  the annual intrastate gross operating revenue of the corpo-
 ration, not including taxes paid to and revenues collected on behalf  of
 government  entities, whichever is greater, constituting a civil penalty
 for each separate and distinct  offense;  provided,  however,  that  for
 purposes  of this paragraph each day of a continuing violation shall not
 be deemed a separate and distinct offense. The total period of a contin-
 uing violation, as well as every distinct violation shall  be  similarly
 treated  as  a  separate and distinct offense for purposes of this para-
 graph; or
   (b) the maximum forfeiture determined in accordance  with  subdivision
 three of this section.

 A. 7065                             6

   6.  Any officer of any combination gas and electric corporation deter-
 mined by the commission to have violated the provisions  of  subdivision
 three,  four,  or  five  of  this  section, and who knowingly violates a
 provision of this chapter, regulation or an order adopted under authori-
 ty of this chapter so long as the same shall be in force shall forfeit a
 sum  not  to  exceed  one  hundred thousand dollars constituting a civil
 penalty for each and every offense and, in  the  case  of  a  continuing
 violation, each day shall be deemed a separate and distinct offense.
   7.  Any  such  assessment  may  be  compromised or discontinued by the
 commission.] All moneys recovered pursuant  to  this  section,  together
 with the costs thereof, shall be remitted to, or for the benefit of, the
 ratepayers in a manner to be determined by the commission.
   [8.]  5.  Upon a failure by a combination gas and electric corporation
 or officer to remit any penalty assessed by the commission  pursuant  to
 this  section,  the  commission,  through  its counsel, may institute an
 action or special proceeding to collect the penalty in a court of compe-
 tent jurisdiction.
   [9.] 6. Any payment made by a combination gas and electric corporation
 or the officers thereof as a result  of  an  assessment  OR  PENALTY  as
 provided  in  this section, and the cost of litigation and investigation
 related to any such assessment, shall not be recoverable  from  ratepay-
 ers.
   [10.]  7.  In  construing and enforcing the provisions of this chapter
 relating to penalties, the  act  of  any  director,  officer,  agent  or
 employee  of  a  combined gas and electric corporation acting within the
 scope of his or her official duties or employment shall be deemed to  be
 the act of such corporation.
   [11.]  8.  It  shall be a violation of this chapter should a director,
 officer or employee of a public  utility  company,  corporation,  person
 acting  in  his or her official duties or employment, or an agent acting
 on behalf of an employer  take  retaliatory  personnel  action  such  as
 discharge,  suspension, demotion, penalization or discrimination against
 an employee for reporting a violation of a  provision  of  this  chapter
 [of] OR an order or regulation adopted under the authority of this chap-
 ter,  including,  but  not limited to, those governing safe and adequate
 service, protection of human safety or prevention of significant  damage
 to  real  property, including, but not limited to, the commission's code
 of gas safety.  Nothing in this subdivision shall be deemed to  diminish
 the  rights,  privileges or remedies of any employee under any other law
 or regulation, including but not limited  to  article  twenty-C  of  the
 labor  law and section seventy-five-b of the civil service law, or under
 any collective bargaining agreement or employment contract.
   § 3. The public service law is amended by adding a new section 25-b to
 read as follows:
   § 25-B.  ADMINISTRATIVE  ACTIONS  AGAINST  OTHER  REGULATED  ENTITIES.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, SECTION TWENTY-
 FIVE-A OF THIS ARTICLE SHALL APPLY IN EQUAL FORCE  TO:  1.  AN  ELECTRIC
 CORPORATION  AS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION TWO OF THIS
 ARTICLE; 2. A GAS  CORPORATION  AS  DEFINED  IN  SUBDIVISION  ELEVEN  OF
 SECTION  TWO  OF  THIS  ARTICLE;  3. A CABLE TELEVISION COMPANY OR CABLE
 TELEVISION SYSTEM AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION  TWO
 HUNDRED TWELVE OF THIS ARTICLE; 4. A TELEPHONE CORPORATION AS DEFINED IN
 SUBDIVISION  SEVENTEEN OF SECTION TWO OF THIS ARTICLE; 5. A STEAM CORPO-
 RATION AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION TWO OF THIS ARTI-
 CLE; AND 6. A WATER-WORKS CORPORATION AS DEFINED IN SUBDIVISION  TWENTY-

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 SEVEN  OF  SECTION  TWO  OF  THIS  ARTICLE;  AS  WELL AS THE OFFICERS OR
 EMPLOYEES OF ANY SUCH CORPORATE ENTITIES DESCRIBED ABOVE.
   §  4.    Subdivision  21  of  section 66 of the public service law, as
 amended by section 4 of part X of chapter 57 of the  laws  of  2013,  is
 amended to read as follows:
   21.  (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
 emergency response plan shall be  designed  for  the  reasonably  prompt
 restoration  of  service  in the case of an emergency event, defined for
 purposes of this subdivision as an event where widespread  outages  have
 occurred  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 iden-
 tification of management staff responsible for company operations during
 an emergency; (ii) a communications PLAN THAT  INCLUDES:  (A)  A  system
 [with]  THAT  COMMUNICATES  SERVICE  INFORMATION  TO customers during an
 emergency that extends beyond normal business hours and business  condi-
 tions; [(iii)] (B) identification of and outreach plans to customers who
 had  documented  their need for essential electricity for medical needs;
 [(iv)] (C) identification of and outreach plans  to  customers  who  had
 documented  their  need  for  essential  electricity to provide critical
 telecommunications, critical transportation, critical fuel  distribution
 services  or  other  large-load  customers identified by the commission;
 [(v)] (D) designation of company staff to communicate with  local  offi-
 cials  and  appropriate  regulatory agencies; [(vi)] AND (E) IDENTIFIES,
 TESTS  AND  VERIFIES  REDUNDANCIES  IN  COMMUNICATIONS  SYSTEMS;   (III)
 provisions  regarding  how  the  company  will  assure the safety of its
 employees and contractors; [(vii)] (IV) procedures for deploying company
 and mutual aid crews to work assignment areas; [(viii)] (V)  identifica-
 tion  of  additional  supplies and equipment needed during an emergency;
 [(ix)] (VI) the means of obtaining additional  supplies  and  equipment;
 [(x)]  (VII)  procedures to practice the emergency response plan; [(xi)]
 (VIII) appropriate  safety  precautions  regarding  electrical  hazards,
 including  plans to promptly secure downed wires within thirty-six hours
 of notification of the location of such downed wires  from  a  municipal
 emergency  official;  and [(xii)] (IX) such other additional information
 as the commission may require. Each such corporation shall, on an annual
 basis, undertake drills implementing procedures to practice its emergen-
 cy management plan. The commission  may  adopt  additional  requirements
 consistent with ensuring the reasonably prompt restoration of service in
 the case of an emergency event.
   (b)  After  review  of  a  corporation's  emergency response plan, the
 commission may require such corporation to amend the plan.  The  commis-
 sion  may also open an investigation of the corporation's plan to deter-
 mine its sufficiency to respond adequately to an emergency event.    If,
 after  hearings, the commission finds a material deficiency in the plan,
 it may order the company  to  make  such  modifications  that  it  deems
 reasonably necessary to remedy the deficiency.
   (c)  The  commission  is authorized to open an investigation to review
 the performance of any corporation in  restoring  service,  IMPLEMENTING
 COMMUNICATIONS  PLANS or otherwise meeting the requirements of the emer-
 gency response plan during an emergency  event.  If,  after  evidentiary
 hearings  or  other investigatory proceedings, the commission finds that
 the corporation failed to [reasonably] implement its emergency  response
 plan  or the length of such corporation's outages were materially longer

 A. 7065                             8

 than they would have been, because  of  such  corporation's  failure  to
 [reasonably]  implement  its emergency response plan, the commission may
 deny the recovery of any part of the service restoration costs caused by
 such  failure,  commensurate  with  the degree and impact of the service
 outage; provided, however, that nothing herein limits  the  commission's
 authority  to otherwise commence a proceeding pursuant to sections twen-
 ty-four, twenty-five and twenty-five-a of this chapter.
   (d) The commission shall certify to the department of homeland securi-
 ty  and  emergency  services  that  each  such  corporation's  emergency
 response  plan  is  sufficient to ensure to the greatest extent feasible
 the timely and safe restoration of energy services after an emergency in
 compliance with the requirements of this chapter.
   (e) The filing of each emergency response plan  required  under  para-
 graph  (a)  of this subdivision shall also include a copy of all written
 mutual assistance agreements among utilities.
   (f) Each electric corporation shall file with the county executive  or
 the  chief  elected  official  of  a  county  for each county within its
 service territory  the  most  recent  approved  copy  of  the  emergency
 response  plan required pursuant to this section. For the purposes of an
 electric corporation operating within the city of New York, such  corpo-
 ration  shall file the most recent approved emergency response plan with
 the emergency management office of the city of New York.
   (g) The commission shall provide access  to  such  emergency  response
 plan pursuant to article six of the public officers law.
   §  5.  Section 94 of the public service law is amended by adding a new
 subdivision 5 to read as follows:
   5. (A) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL ANNUALLY, ON  OR
 BEFORE  DECEMBER  FIFTEENTH,  SUBMIT  TO  THE  COMMISSION  AN  EMERGENCY
 RESPONSE PLAN FOR REVIEW AND APPROVAL. THE EMERGENCY RESPONSE PLAN SHALL
 BE DESIGNED FOR THE REASONABLY PROMPT RESTORATION OF SERVICE IN THE CASE
 OF AN EMERGENCY EVENT, DEFINED FOR PURPOSES OF THIS  SUBDIVISION  AS  AN
 EVENT WHERE WIDESPREAD OUTAGES HAVE OCCURRED 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 IDENTIFICATION OF MANAGEMENT STAFF
 RESPONSIBLE FOR COMPANY OPERATIONS DURING AN EMERGENCY; (II) A  COMMUNI-
 CATIONS PLAN THAT INCLUDES (A) A SYSTEM THAT COMMUNICATES SERVICE INFOR-
 MATION TO CUSTOMERS DURING AN EMERGENCY THAT EXTENDS BEYOND NORMAL BUSI-
 NESS  HOURS AND BUSINESS CONDITIONS; (B) DESIGNATION OF COMPANY STAFF TO
 COMMUNICATE WITH LOCAL OFFICIALS AND  APPROPRIATE  REGULATORY  AGENCIES;
 AND  (C)  IDENTIFIES,  TESTS AND VERIFIES REDUNDANCIES IN COMMUNICATIONS
 SYSTEMS; (III) PROVISIONS REGARDING HOW  THE  COMPANY  WILL  ENSURE  THE
 SAFETY  OF  ITS EMPLOYEES AND CONTRACTORS; (IV) PROCEDURES FOR DEPLOYING
 PERSONNEL CREWS TO WORK ASSIGNMENT AREAS; (V)  IDENTIFICATION  OF  ADDI-
 TIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY; (VI) THE MEANS
 OF  OBTAINING  ADDITIONAL  SUPPLIES  AND  EQUIPMENT; (VII) PROCEDURES TO
 PRACTICE THE EMERGENCY RESPONSE PLAN; AND (VIII) SUCH  OTHER  ADDITIONAL
 INFORMATION  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
 REQUIREMENTS  CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION
 OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
   (B) AFTER REVIEW OF  A  CORPORATION'S  EMERGENCY  RESPONSE  PLAN,  THE
 COMMISSION  MAY  REQUIRE SUCH CORPORATION TO AMEND THE PLAN. THE COMMIS-
 SION MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO  DETER-
 MINE  ITS  SUFFICIENCY  TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT. IF,

 A. 7065                             9
 
 AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE  PLAN,
 IT  MAY  ORDER  THE  COMPANY  TO  MAKE  SUCH MODIFICATIONS THAT IT DEEMS
 REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
   (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
 THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE,  IMPLEMENTING
 COMMUNICATIONS  PLANS OR OTHERWISE MEETING THE REQUIREMENTS OF THE EMER-
 GENCY RESPONSE PLAN DURING AN EMERGENCY EVENT.
   (D) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL FILE WITH THE COUN-
 TY EXECUTIVE OR THE CHIEF ELECTED OFFICIAL OF A COUNTY FOR  EACH  COUNTY
 WITHIN  ITS SERVICE TERRITORY THE MOST RECENT APPROVED COPY OF THE EMER-
 GENCY RESPONSE PLAN REQUIRED PURSUANT TO THIS SECTION. FOR THE  PURPOSES
 OF A CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPORATION
 SHALL  FILE  THE  MOST  RECENT APPROVED EMERGENCY RESPONSE PLAN WITH THE
 EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
   (E) THE COMMISSION SHALL PROVIDE ACCESS  TO  SUCH  EMERGENCY  RESPONSE
 PLAN PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   §  6. Section 216 of the public service law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. (A) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL  ANNUALLY,  ON
 OR  BEFORE  DECEMBER  FIFTEENTH,  SUBMIT  TO THE COMMISSION AN EMERGENCY
 RESPONSE PLAN FOR REVIEW AND APPROVAL. THE EMERGENCY RESPONSE PLAN SHALL
 BE DESIGNED FOR THE REASONABLY PROMPT RESTORATION OF SERVICE IN THE CASE
 OF AN EMERGENCY EVENT, DEFINED FOR PURPOSES OF THIS  SUBDIVISION  AS  AN
 EVENT WHERE WIDESPREAD OUTAGES HAVE OCCURRED 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 IDENTIFICATION OF MANAGEMENT STAFF
 RESPONSIBLE FOR COMPANY OPERATIONS DURING AN EMERGENCY; (II) A  COMMUNI-
 CATIONS  PLAN  WHICH  INCLUDES:  (A)  A SYSTEM THAT COMMUNICATES SERVICE
 INFORMATION TO CUSTOMERS DURING AN EMERGENCY THAT EXTENDS BEYOND  NORMAL
 BUSINESS HOURS AND BUSINESS CONDITIONS; (B) DESIGNATION OF COMPANY STAFF
 TO COMMUNICATE WITH LOCAL OFFICIALS AND APPROPRIATE REGULATORY AGENCIES;
 AND  (C)  IDENTIFIES,  TESTS AND VERIFIES REDUNDANCIES IN COMMUNICATIONS
 SYSTEMS; (III) PROVISIONS REGARDING HOW  THE  COMPANY  WILL  ENSURE  THE
 SAFETY  OF  ITS EMPLOYEES AND CONTRACTORS; (IV) PROCEDURES FOR DEPLOYING
 PERSONNEL CREWS TO WORK ASSIGNMENT AREAS; (V)  IDENTIFICATION  OF  ADDI-
 TIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY; (VI) THE MEANS
 OF  OBTAINING  ADDITIONAL  SUPPLIES  AND  EQUIPMENT; (VII) PROCEDURES TO
 PRACTICE THE EMERGENCY RESPONSE PLAN; AND (VIII) SUCH  OTHER  ADDITIONAL
 INFORMATION  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
 REQUIREMENTS  CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION
 OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
   (B) AFTER REVIEW OF  A  CORPORATION'S  EMERGENCY  RESPONSE  PLAN,  THE
 COMMISSION  MAY  REQUIRE SUCH CORPORATION TO AMEND THE PLAN. THE COMMIS-
 SION MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO  DETER-
 MINE  ITS  SUFFICIENCY  TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT. IF,
 AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE  PLAN,
 IT  MAY  ORDER  THE  COMPANY  TO  MAKE  SUCH MODIFICATIONS THAT IT DEEMS
 REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
   (C) THE COMMISSION IS AUTHORIZED TO OPEN AN  INVESTIGATION  TO  REVIEW
 THE  PERFORMANCE  OF  ANY CORPORATION IN RESTORING SERVICE, IMPLEMENTING
 COMMUNICATIONS PLANS OR OTHERWISE MEETING THE REQUIREMENTS OF THE  EMER-
 GENCY RESPONSE PLAN DURING AN EMERGENCY EVENT.

 A. 7065                            10
 
   (D) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL FILE WITH THE COUN-
 TY  EXECUTIVE  OR THE CHIEF ELECTED OFFICIAL OF A COUNTY FOR EACH COUNTY
 WITHIN ITS SERVICE TERRITORY THE MOST RECENT APPROVED COPY OF THE  EMER-
 GENCY  RESPONSE PLAN REQUIRED PURSUANT TO THIS SECTION. FOR THE PURPOSES
 OF A CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPORATION
 SHALL  FILE  THE  MOST  RECENT APPROVED EMERGENCY RESPONSE PLAN WITH THE
 EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
   (E) THE COMMISSION SHALL PROVIDE ACCESS  TO  SUCH  EMERGENCY  RESPONSE
 PLAN PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   § 7. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.  Effective  immediately,  the department of public
 service or the public service commission is authorized to promulgate any
 regulations or orders necessary to implement this act.