NY State Senate Bill 2021-S136B

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Jun 10, 2021	committed to rules
Feb 10, 2021	amended on third reading 136b
Feb 08, 2021	advanced to third reading
Feb 03, 2021	2nd report cal.
Feb 02, 2021	1st report cal.245
Jan 28, 2021	print number 136a
Jan 28, 2021	amend (t) and recommit to energy and telecommunications
Jan 06, 2021	referred to energy and telecommunications

Votes

- Feb 2, 2021 - Energy And Telecommunications Committee Vote
  S136B
  
  6
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Feb 2, 2021
      
      aye (6)
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Parker
      
      nay (2)
      
      Boyle
      
      Ritchie
      
      aye wr (1)
      
      O'Mara

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S136 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§25, 25-a, 66, 94 & 216, add §25-b, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S8967

2021-S136 - Summary

Relates to strengthening of utility storm response and compliance.

2021-S136 - Sponsor Memo

                                
 
BILL NUMBER: S136

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public service law, in relation to increasing penal-
ties for certain violations committed by combination gas and electric
corporations

 
PURPOSE OR GENERAL IDEA OF BILL:

Increases the maximum penalty for violations related to combination
electric and gas utilities' failures to protect the overall reliability
and continuity of electric service.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 5 of section 25-a of the public service law
to increase the maximum penalty for violations by combination gas and
electric corporations related to failures to protect the overall reli-
ability and continuity of electric service from the greater of $500,000

or 0.04% of intrastate gross operating revenues, to the greater of
$500,000 or 0.2% of intrastate gross operating revenues.

Section 2 sets the effective date.

 
JUSTIFICATION:

Following storms Quinn and Riley the Public Service Commission (PSC)
conducted an inquiry into the emergency response performance of Con
Edison and one of its affiliates. The result was a settlement with
respect to the alleged violations of the companies, and in its decision,
the PSC cited the the current statutory penalty for violations resulting
in service interruptions as a factor in determining the appropriate
settlement amount, and the potential for a higher recovery had the
action been pursued further.

Notwithstanding the alleged (and in some cases, admitted) violations on
the part of Con Edison with respect to an inadequate emergency response
plan, customers experienced sustained outages and insufficient communi-
cations in following Tropical Storm Isaias. This suggests that penalties
are insufficient to incentivize a change in behavior, and that they may
be viewed as simply a cost of doing business. The current statutory
penalty for violations relating to the reliability and continuity of
electric service is the greater of $500,000 or 0.04% of gross intrastate
operating revenue. This bill would increase the penalty to be the great-
er of $500,000 or 0.2% of gross intrastate operating revenue, allowing
for penalties up to five times higher. Increasing the penalties will
increase the pressure on electric utilities like Con Edison to strength-
en their emergency response plans and commit to providing reliable
service, rapid restoration, and meaningful communication when outages
occur.

 
PRIOR LEGISLATIVE HISTORY:

2020: Referred to Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S136 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    136
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, COMRIE, HARCKHAM, HOYLMAN, SALAZAR -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Energy and Telecommunications
 
 AN ACT to amend the public service law, in relation to increasing penal-
   ties  for certain violations committed by combination gas and electric
   corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  5 of 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:
   (a) five hundred thousand dollars or [four one-hundredths]  TWO-TENTHS
 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,  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  continuing  violation,  as  well as every distinct violation shall be
 similarly treated as a separate and distinct  offense  for  purposes  of
 this paragraph; or
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02683-01-1

co-Sponsors

View additional co-sponsors

2021-S136A - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§25, 25-a, 66, 94 & 216, add §25-b, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S8967

2021-S136A - Summary

Relates to strengthening of utility storm response and compliance.

2021-S136A - Sponsor Memo

                                
 
BILL NUMBER: S136A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public service law, in relation to strengthening of
utility storm response and compliance

 
PURPOSE OR GENERAL IDEA OF BILL:

To incentivize better regulatory compliance by utilities through
increased flexibility for the Public Service Commission to assess penal-
ties on utilities for violations of the public service law, and by
expanding emergency response plan requirements.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 25 of the public service law to eliminate the
statutory limits on penalties for violations, and institute a new proc-
ess by which the public service commission sets a penalty after consid-
eration of a number of factors relevant to the violation in question.

Section 2 amends section 25-a of the public service law to alter the
provisions relating to imposing penalties, including by eliminating the
statutory limits on penalties for violations, instituting a new process
by which the public service commission sets a penalty after consider-
ation of a number of factors relevant to the violation in question,
removing the qualification of "reasonable" compliance with law from the
determination as to whether a violation occurred, and providing for an
evidentiary hearing in connection with such determination.

Section 3 applies the provisions of section 25-a to other regulated
utilities.

Section 4 amends emergency response plan requirements to augment the
standards for communication systems and remove the qualification of
"reasonable" compliance.

Section 5 amends section 94 of the public service law to apply detailed
emergency response plan requirements to telephone companies.

Section 6 amends section 216 of the public service law to apply detailed
emergency response plan requirements to cable television companies.

Section 7 provides for severability.

Section 8 sets the effective date.

 
JUSTIFICATION:

Following utility service outages in several recent storms such as
Quinn, Riley, and Isaias, the Public Service Commission (PSC) conducted
inquiries into the emergency response performance of a number of utili-
ties. While the PSC found violations and assessed penalties, it cited
statutory limitations on the penalties it could impose as a factor in
its determination as to the size of those penalties.

Notwithstanding the alleged (and in some cases, admitted) violations
with respect to an inadequate emergency response plan in connection with
storms Quinn and Riley, customers experienced sustained outages and
insufficient communications following Tropical Storm Isaias just over
two years later. This suggests that penalties are insufficient to incen-
tivize a change in behavior, and that utilities appear to view current
statutory penalties as simply a cost of doing business.

A pattern of major outages, poor planning, poor communication, and poor
customer service are unacceptable at any time, but the failures of util-
ities in the wake of Tropical Storm Isaias were particular hard on
customers because the COVID-19 pandemic forced many people to work
remotely and otherwise avoid leaving home. This situation predictably
magnified the consequences of sustained outages on customers, including
threats to health and safety, yet utilities did not calibrate their
emergency response accordingly.

This bill addresses the inadequate incentives for utilities to improve
by achieving two goals: (1) enhanced capacity for the PSC to impose
penalties significant enough to be a true deterrent to future
violations; and (2) expansion of emergency response plan requirements to
ensure that utilities devote more resources to proper planning.

The penalty provisions of this bill are significant. Eliminating the
statutory limits on penalties will mean greatly increased liability for
utilities in the event of violations, thereby better incentivizing
compliance. By requiring the PSC to assess penalties based on an enumer-
ated set of factors, this approach also allows for the imposition of
penalties that are more proportionate to the violations in question. To
foreclose arguments about whether the utility "reasonably" complied with
law, which historically have led utilities to argue broadly against the
need for them to assume responsibility for poor performance, the bill
simply removes the "reasonably" qualifier. Finally, these firmer penalty
provisions are extended to cover utilities other than combination gas
and electric corporations.

In a similar vein, this bill extends emergency response plan require-
ments to telephone and cable television companies. Emergency response
plans (ERPs) detail, inter alia, how a utility plans to restore service,
communicate with the public and government officials regarding service
interruptions, and ensure a safe and efficient response overall.
Currently, only electric corporations are statutorily required to
prepare ERPs with a high level of detail and to make them publicly
available, thus limiting PSC oversight of other utilities. Expanding the
scope of ERP requirements to include telephone companies and cable
companies (which provide valuable communication and information dissem-
ination services during storms and other major events) will provide for
greater accountability to the public, in no small part because it allows
the PSC to assess penalties for failure to adhere to ERPs.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect 90 days after becoming law, provided that the
department of public service or the public service commission is author-
ized to promulgate any regulations or orders necessary to implement the
act, effective immediately.

2021-S136A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  136--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, COMRIE, HARCKHAM, HOYLMAN, SALAZAR -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Energy  and Telecommunications -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02683-04-1

 S. 136--A                           2
 
   (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; AND
   (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.
   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
 overall reliability and continuity of electric service, shall forfeit to
 the state of New York a sum [not to exceed the greater of:

 S. 136--A                           3

   (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
 evidentiary hearings, as provided in this chapter] BE ASSESSED; AND (IV)
 ANY PROPOSED ACTIONS THAT THE COMMISSION DEEMS NECESSARY TO ADDRESS SUCH

 S. 136--A                           4
 
 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 determined by the
 commission to have failed to [reasonably] comply as shown by  a  prepon-
 derance  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-hun-
 dredths  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 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, 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; AND
   (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.

 S. 136--A                           5
 
   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.
   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.

 S. 136--A                           6
 
   [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-
 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

 S. 136--A                           7

 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
 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.

 S. 136--A                           8

   (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,
 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

 S. 136--A                           9
 
 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.
   (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,

 S. 136--A                          10
 
 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.

co-Sponsors

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2021-S136B (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§25, 25-a, 66, 94 & 216, add §25-b, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S8967

2021-S136B (ACTIVE) - Summary

Relates to strengthening of utility storm response and compliance.

2021-S136B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S136B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public service law, in relation to strengthening of
utility storm response and compliance

 
PURPOSE OR GENERAL IDEA OF BILL:

To incentivize better regulatory compliance by utilities through
increased flexibility for the Public Service Commission to assess penal-
ties on utilities for violations of the public service law, and by
expanding emergency response plan requirements.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 25 of the public service law to eliminate the
statutory limits on penalties for violations, and institute a new proc-
ess by which the public service commission sets a penalty after consid-
eration of a number of factors relevant to the violation in question.

Section 2 amends section 25-a of the public service law to alter the
provisions relating to imposing penalties, including by eliminating the
statutory limits on penalties for violations, instituting a new process
by which the public service commission sets a penalty after consider-
ation of a number of factors relevant to the violation in question,
removing the qualification of "reasonable" compliance with law from the
determination as to whether a violation occurred, and providing for an
evidentiary hearing in connection with such determination.

Section 3 applies the provisions of section 25-a to other regulated
utilities.

Section 4 amends emergency response plan requirements to augment the
standards for communication systems and remove the qualification of
"reasonable" compliance.

Section 5 amends section 94 of the public service law to apply detailed
emergency response plan requirements to telephone companies.

Section 6 amends section 216 of the public service law to apply detailed
emergency response plan requirements to cable television companies.

Section 7 provides for severability. Section 8 sets the effective date.

 
JUSTIFICATION:

Following utility service outages in several recent storms such as
conducted inquiries into the emergency response performance of a number
of utilities. While the PSC found violations and assessed penalties, it
cited statutory limitations on the penalties it could impose as a factor
in its determination as to the size of those penalties.

Notwithstanding the alleged (and in some cases, admitted) violations
with respect to an inadequate emergency response plan in connection with
storms Quinn and Riley, customers experienced sustained outages and
insufficient communications following Tropical Storm Isaias just over
two years later. This suggests that penalties are insufficient to incen-
tivize a change in behavior, and that utilities appear to view current
statutory penalties as simply a cost of doing business.  A pattern of
major outages, poor planning, poor communication, and poor customer'
service are unacceptable at any time, but the failures of utilities in
the wake of Tropical Storm Isaias were particular hard on customers
because the COVID-19 pandemic forced many people to work remotely and
otherwise avoid leaving home. This situation predictably magnified the
consequences of sustained outages on customers, including threats to
health and safety, yet utilities did not calibrate their emergency
response accordingly.

This bill addresses the inadequate incentives for utilities to improve
by achieving two goals: (1) enhanced capacity for the PSC to impose
penalties significant enough to be a true deterrent to future
violations; and (2) expansion of emergency response plan requirements to
ensure that utilities devote more resources to proper planning.  The
penalty provisions of this bill are significant. Eliminating the statu-
tory limits on penalties will mean greatly increased liability for util-
ities in the event of violations, thereby better incentivizing compli-
ance. By requiring the PSC to assess penalties based on an enumerated
set of factors, this approach also allows for the imposition of penal-
ties that are more proportionate to the violations in question. To fore-
close arguments about whether the utility "reasonably" complied with
law, which historically have led utilities to argue broadly against the
need for them to assume responsibility for poor performance, the bill
simply removes the "reasonably" qualifier. Finally, these firmer penalty
provisions are extended to cover utilities other than combination gas
and electric corporations.

In a similar vein, this bill extends emergency response plan require-
ments to telephone and cable television companies. Emergency response
plans (ERPs) detail, inter alia, how a utility plans to restore service,
communicate with the public and government officials regarding service
interruptions, and ensure a safe and efficient response overall.
Currently, only electric corporations are statutorily required to
prepare ERPs with a high level of detail and to make them publicly
available, thus limiting PSC oversight of other utilities. Expanding the
scope of ERP requirements to include telephone companies and cable
companies (which provide valuable communication and information dissem-
ination services during storms and other major events) will provide for
greater accountability to the public, in no small part because it allows
the PSC to assess penalties for failure to adhere to ERPs.

 
PRIOR LEGISLATIVE HISTORY: New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect 90 days after becoming law, provided that the
department of public service or the public service commission is author-
ized to promulgate any regulations or orders necessary to implement the
act, effective immediately.

2021-S136B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  136--B
     Cal. No. 245
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. MAYER, COMRIE, HARCKHAM, HINCHEY, HOYLMAN, SALAZAR
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on  Energy   and   Telecommunications   --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02683-05-1

 S. 136--B                           2
 
   (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;
   (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; AND
   (J) 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

 S. 136--B                           3

 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
 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

 S. 136--B                           4
 
 commission alleges has been violated; [and] (iii)  the  amount  of  each
 penalty  that  the  commission  proposes  to  [assess and the holding of
 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;

 S. 136--B                           5
 
   (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; AND
   (J)  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.
   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

 S. 136--B                           6

 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-
 SEVEN OF SECTION TWO OF  THIS  ARTICLE;  AS  WELL  AS  THE  OFFICERS  OR
 EMPLOYEES OF ANY SUCH CORPORATE ENTITIES DESCRIBED ABOVE.

 S. 136--B                           7
 
   §  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
 than they would have been, because  of  such  corporation's  failure  to
 [reasonably]  implement  its emergency response plan, the commission may

 S. 136--B                           8
 
 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,
 AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE  PLAN,

 S. 136--B                           9
 
 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.
   (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

 S. 136--B                          10
 
 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.

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Senate Bill S136B

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Feb 2, 2021 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Feb 2, 2021

Bill Amendments

co-Sponsors

2021-S136 - Details

2021-S136 - Summary

2021-S136 - Sponsor Memo

2021-S136 - Bill Text download pdf

co-Sponsors

2021-S136A - Details

2021-S136A - Summary

2021-S136A - Sponsor Memo

2021-S136A - Bill Text download pdf

co-Sponsors

2021-S136B (ACTIVE) - Details

2021-S136B (ACTIVE) - Summary

2021-S136B (ACTIVE) - Sponsor Memo

2021-S136B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S136B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

co-Sponsors

2021-S136 - Details

2021-S136 - Summary

2021-S136 - Sponsor Memo

2021-S136 - Bill Text download pdf

co-Sponsors

2021-S136A - Details

2021-S136A - Summary

2021-S136A - Sponsor Memo

2021-S136A - Bill Text download pdf

co-Sponsors

2021-S136B (ACTIVE) - Details

2021-S136B (ACTIVE) - Summary

2021-S136B (ACTIVE) - Sponsor Memo

2021-S136B (ACTIVE) - Bill Text download pdf

Comments