S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    803
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to mandating  budget
   expenditures  by gas and electric corporations to improve power outage
   response and to stormproof power lines
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 73 to read as follows:
   § 73. MANDATORY BUDGET EXPENDITURES TO IMPROVE POWER  OUTAGE  RESPONSE
 AND  TO  STORMPROOF POWER LINES. 1. FOR THE YEAR TWO THOUSAND TWENTY-TWO
 AND EVERY YEAR THEREAFTER, EVERY GAS  CORPORATION  AND  ELECTRIC  CORPO-
 RATION IN THIS STATE SHALL DEDICATE AND USE FORTY PERCENT OF ITS OPERAT-
 ING  BUDGET  FOR THE PURPOSE OF IMPROVING SUCH CORPORATION'S RESPONSE TO
 POWER OUTAGES AND STORM RELATED DAMAGE. SUCH BUDGET  EXPENDITURES  SHALL
 BE  USED SPECIFICALLY FOR: (A) INFRASTRUCTURE HARDENING; (B) STORM RESI-
 LIENCE; (C) IMPROVING RESPONSE TIME TO POWER OUTAGES AND  STORM  RELATED
 DAMAGE, AND THE EFFECTIVENESS OF SUCH RESPONSE; (D) REMOVING POWER LINES
 FROM  TREES;  AND  (E)  REMOVING TREES AND TREE LIMBS IN THE VICINITY OF
 POWER LINES.   THE OBJECTIVE OF SUCH BUDGET  EXPENDITURES  SHALL  BE  TO
 STORMPROOF  POWER  LINES  THROUGHOUT  THE  STATE TO REDUCE THE NUMBER OF
 POWER OUTAGES AND STORM RELATED DAMAGE IN THIS STATE.
   2. ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-TWO AND ON OR  BEFORE
 EVERY  JULY  FIRST, OCTOBER FIRST, JANUARY FIRST AND APRIL FIRST, THERE-
 AFTER, EVERY GAS CORPORATION AND  ELECTRIC  CORPORATION  IN  THIS  STATE
 SHALL  FILE A REPORT WITH THE COMMISSION SETTING FORTH DOCUMENTATION, AS
 DETERMINED BY THE COMMISSIONER, NECESSARY TO SUBSTANTIATE ITS COMPLIANCE
 WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   3. ANY APPLICATION  BY  A  GAS  CORPORATION  OR  ELECTRIC  CORPORATION
 SUBMITTED  TO THE COMMISSION TO INCREASE ANY RATE CHARGED TO ITS CUSTOM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05320-01-1

 A. 803                              2
 
 ERS SHALL INCLUDE DOCUMENTATION,  AS  DETERMINED  BY  THE  COMMISSIONER,
 NECESSARY TO SUBSTANTIATE ITS COMPLIANCE WITH THE PROVISIONS OF SUBDIVI-
 SION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.