S. 4960 2
(E) WHETHER THE VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR A
REGULATION OR ORDER ADOPTED UNDER THE AUTHORITY OF THIS CHAPTER,
ADOPTED SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFETY, INCLUDING BUT
NOT LIMITED TO THE COMMISSION'S CODE OF GAS SAFETY REGULATIONS, AND
WHETHER THE VIOLATION CAUSED OR CONSTITUTED A CONTRIBUTING FACTOR IN
BRINGING ABOUT A DEATH OR PERSONAL INJURY, AS DETERMINED BY THE COMMIS-
SION;
(F) WHETHER THE VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR A
REGULATION OR ORDER ADOPTED UNDER THE AUTHORITY OF THIS CHAPTER,
SPECIFICALLY DESIGNED TO PROTECT THE OVERALL RELIABILITY AND CONTINUITY
OF SERVICE, THE DURATION OF ANY SUCH VIOLATION, WHETHER SUCH VIOLATION
AFFECTED THE RELIABILITY OR CONTINUITY OF SERVICE, THE DURATION OF ANY
SUCH EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE, AND WHETHER ANY
EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE WAS RECURRING;
(G) THE ECONOMIC LOSSES OF RATEPAYERS, IN THE FORM OF INCREASED
SERVICE RATES OR OTHERWISE, ASSOCIATED WITH DAMAGE TO OR WEAKENING OF
INFRASTRUCTURE IN CONNECTION WITH THE EVENT OUT OF WHICH THE VIOLATION
AROSE, INCLUDING BUT NOT LIMITED TO INVESTMENTS AND COSTS ASSOCIATED
WITH REPAIRING, IMPROVING, OR REPLACING SUCH INFRASTRUCTURE;
(H) WHETHER THE VIOLATION WAS CAUSED IN WHOLE OR IN PART DUE TO THE
SYSTEMATIC FAILURE OF THE ENTITY TO MAINTAIN OR REPLACE OBSOLETE OR
DETERIORATED MATERIALS OR EQUIPMENT;
(I) THE DEGREE OF PREPARATION, INCLUDING BUT NOT LIMITED TO THE UTILI-
ZATION OF MUTUAL AID OR OTHER CONTINGENT RESOURCES, FOR A STORM EVENT OR
OTHER EVENT OUT OF WHICH THE VIOLATION AROSE FOR WHICH THERE WAS ADVANCE
WARNING OR NOTICE;
(J) WITH RESPECT TO TELEPHONE CORPORATIONS, CABLE TELEVISION COMPANIES
AND THE OFFICERS, AGENTS AND EMPLOYEES THEREOF, WHETHER A LOSS OF
COMMERCIAL ELECTRICITY CAUSED THE VIOLATION; AND
(K) MITIGATING FACTORS RELEVANT TO THE SERIOUSNESS OF THE VIOLATION,
AS DETERMINED BY THE COMMISSION.
3. [Notwithstanding the provisions of subdivision two of this section,
any such public utility company, corporation or person and the officers,
agents and employees thereof that knowingly fails or neglects to obey or
comply with a provision of this chapter, or an order or regulation
adopted under the authority of this chapter, adopted specifically for
the protection of human safety, including but not limited to the commis-
sion's code of gas safety regulations shall, if it is determined by the
commission that such safety violation caused or constituted a contribut-
ing factor in bringing about a death or personal injury, forfeit to the
state of New York a sum not to exceed the greater of:
(a) two hundred and fifty thousand dollars constituting a civil penal-
ty for each separate and distinct offense; provided, however, that for
purposes of this paragraph each day of a continuing violation shall not
be deemed a separate and distinct offense. The total period of a contin-
uing violation, as well as every distinct violation, shall be similarly
treated as a separate and distinct offense for purposes of this para-
graph; or
(b) the maximum forfeiture determined in accordance with subdivision
two of this section.
4. Notwithstanding the provisions of subdivision one or two of this
section, a public utility company, corporation or person and the offi-
cers, agents and employees thereof that knowingly fails or neglects to
obey or comply with a provision of this chapter, or an order or regu-
lation adopted under authority of this chapter, designed to protect the
S. 4960 3
overall reliability and continuity of electric service, shall forfeit to
the state of New York a sum not to exceed the greater of:
(a) five hundred thousand dollars constituting a civil penalty for
each separate and distinct offense; provided, however, that for purposes
of this paragraph each day of a continuing violation shall not be deemed
a separate and distinct offense. The total period of a continuing
violation, as well as every distinct violation, shall be similarly
treated as a separate and distinct offense for purposes of this para-
graph; or
(b) the maximum forfeiture determined in accordance with subdivision
two of this section.
5.] Penalties provided for pursuant to this section shall be recovered
in an action as provided in section twenty-four of this article.
[6] 4. Any payment made by a public utility company, corporation or
person and the officers, agents and employees thereof as a result of an
action as provided in section twenty-four of this article and the cost
of litigation and investigation related to any such action shall not be
included by the commission in revenue requirements used to establish
rates and charges.
[7] 5. In construing and enforcing the provisions of this chapter
relating to forfeitures and penalties, the act of any director, officer,
agent or employee of a public utility company, corporation or person
acting within the scope of his or her official duties or employment
shall be deemed to be the act of such public utility company, corpo-
ration or person.
§ 2. Section 25-a of the public service law, as added by section 2 of
part X of chapter 57 of the laws of 2013, is amended to read as follows:
§ 25-a. Combination gas and electric corporations; administrative
sanctions; recovery of penalties. Notwithstanding sections twenty-four
and twenty-five of this article: 1. Every combination gas and electric
corporation and the officers thereof shall adhere to every provision of
this chapter and every order or regulation adopted under authority of
this chapter so long as the same shall be in force.
2. (a) The commission shall have the authority to assess a civil
penalty IN AN AMOUNT AS SET FORTH IN THIS SECTION AND against a combina-
tion gas and electric corporation and the officers thereof subject to
the jurisdiction, supervision, or regulation pursuant to this chapter
[in an amount as set forth in this section. In determining the amount of
any penalty to be assessed pursuant to this section, the commission
shall consider: (i) the seriousness of the violation for which a penalty
is sought; (ii) the nature and extent of any previous violations for
which penalties have been assessed against the corporation or officer;
(iii) whether there was knowledge of the violation; (iv) the gross
revenues and financial status of the corporation; and (v) such other
factors as the commission may deem appropriate and relevant].
The remedies provided by this subdivision are in addition to any other
remedies provided in law.
(b) Whenever the commission has reason to believe that a combination
gas and electric corporation or such officers thereof should be subject
to imposition of a civil penalty as set forth in this subdivision, it
shall notify such corporation or officer. Such notice shall include,
but shall not be limited to: (i) the date and a brief description of the
facts and nature of each act or failure to act for which such penalty is
proposed; (ii) a list of each statute, regulation or order that the
commission alleges has been violated; [and] (iii) the amount of each
penalty that the commission proposes to [assess and the holding of
S. 4960 4
evidentiary hearings, as provided in this chapter] BE ASSESSED; AND (IV)
ANY PROPOSED ACTIONS THAT THE COMMISSION DEEMS NECESSARY TO ADDRESS SUCH
ALLEGED VIOLATION OR VIOLATIONS. THE COMMISSION IS AUTHORIZED TO UNDER-
TAKE ANY ADDITIONAL ADMINISTRATIVE OR INVESTIGATORY ACTIONS RELATED
TO SUCH VIOLATION OR VIOLATIONS, INCLUDING BUT NOT LIMITED TO, SERVICE
OF AN ADMINISTRATIVE COMPLAINT, IMPLEMENTATION OF DISCOVERY, INTERVIEWS,
DEPOSITIONS, ENTERING INTO A SETTLEMENT AGREEMENT OR OTHER STIPULATION,
AND THE HOLDING OF EVIDENTIARY HEARINGS, AS PROVIDED IN THIS CHAPTER.
(c) Whenever the commission has reason to believe that a combination
gas and electric corporation or such officers thereof should be subject
to imposition of a civil penalty or penalties as set forth in this
subdivision, the commission shall hold a hearing to demonstrate why the
proposed penalty or penalties should be assessed against such combina-
tion gas and electric corporation or such officers.
3. Any combination gas and electric corporation OR SUCH OFFICERS THER-
EOF determined by the commission to have failed to [reasonably] comply
as shown by a preponderance of the evidence, AT AN EVIDENTIARY HEARING,
with a provision of this chapter, regulation or an order adopted under
authority of this chapter so long as the same shall be in force shall
forfeit a sum [not exceeding the greater of one hundred thousand dollars
or two one-hundredths of one percent of the annual intrastate gross
operating revenue of the corporation, not including taxes paid to and
revenues collected on behalf of government entities, constituting a
civil penalty for each and every offense and, in the case of a continu-
ing violation, each day shall be deemed a separate and distinct offense]
THAT SHALL BE SET BY THE PUBLIC SERVICE COMMISSION, AFTER CONSIDERING
THE FOLLOWING:
(A) THE SCOPE OF DAMAGES CAUSED BY THE VIOLATION TO INDIVIDUALS, BUSI-
NESSES AND THE STATE;
(B) EACH INDIVIDUAL ACT OR OMISSION WHICH LED TO THE VIOLATION;
(C) WHETHER THE VIOLATION WAS KNOWING OR WILLFUL;
(D) WHETHER THE VIOLATION WAS RECURRING, OR HAD BEEN THE SUBJECT OF A
PREVIOUS FINDING BY THE COMMISSION;
(E) WHETHER THE VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR A
REGULATION OR ORDER ADOPTED UNDER THE AUTHORITY OF THIS CHAPTER,
ADOPTED SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFETY, INCLUDING BUT
NOT LIMITED TO THE COMMISSION'S CODE OF GAS SAFETY REGULATIONS, AND
WHETHER THE VIOLATION CAUSED OR CONSTITUTED A CONTRIBUTING FACTOR IN
BRINGING ABOUT A DEATH OR PERSONAL INJURY, AS DETERMINED BY THE COMMIS-
SION;
(F) WHETHER THE VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR A
REGULATION OR ORDER ADOPTED UNDER THE AUTHORITY OF THIS CHAPTER,
SPECIFICALLY DESIGNED TO PROTECT THE OVERALL RELIABILITY AND CONTINUITY
OF SERVICE, THE DURATION OF ANY SUCH VIOLATION, WHETHER SUCH VIOLATION
AFFECTED THE RELIABILITY OR CONTINUITY OF SERVICE, THE DURATION OF ANY
SUCH EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE, AND WHETHER ANY
EFFECT ON THE RELIABILITY OR CONTINUITY OF SERVICE WAS RECURRING;
(G) THE ECONOMIC LOSSES OF RATEPAYERS, IN THE FORM OF INCREASED
SERVICE RATES OR OTHERWISE, ASSOCIATED WITH DAMAGE TO OR WEAKENING OF
INFRASTRUCTURE IN CONNECTION WITH THE EVENT OUT OF WHICH THE VIOLATION
AROSE, INCLUDING BUT NOT LIMITED TO INVESTMENTS AND COSTS ASSOCIATED
WITH REPAIRING, IMPROVING, OR REPLACING SUCH INFRASTRUCTURE;
(H) WHETHER THE VIOLATION WAS CAUSED IN WHOLE OR IN PART DUE TO THE
SYSTEMATIC FAILURE OF THE ENTITY TO MAINTAIN OR REPLACE OBSOLETE OR
DETERIORATED MATERIALS OR EQUIPMENT;
S. 4960 5
(I) THE DEGREE OF PREPARATION, INCLUDING BUT NOT LIMITED TO THE UTILI-
ZATION OF MUTUAL AID OR OTHER CONTINGENT RESOURCES, FOR A STORM EVENT OR
OTHER EVENT OUT OF WHICH THE VIOLATION AROSE FOR WHICH THERE WAS ADVANCE
WARNING OR NOTICE;
(J) WITH RESPECT TO ANY TELEPHONE CORPORATION OR CABLE TELEVISION
COMPANY TO WHICH THIS SECTION APPLIES BY REASON OF THE APPLICATION OF
SECTION TWENTY-FIVE-B OF THIS ARTICLE, AND WITH RESPECT TO ANY OFFICER
OF ANY SUCH TELEPHONE CORPORATION OR CABLE TELEVISION COMPANY, WHETHER A
LOSS OF COMMERCIAL ELECTRICITY CAUSED THE VIOLATION; AND
(K) MITIGATING FACTORS RELEVANT TO THE SERIOUSNESS OF THE VIOLATION,
AS DETERMINED BY THE COMMISSION.
4. [Notwithstanding the provisions of subdivision three of this
section, any such combination gas and electric corporation determined by
the commission to have failed to reasonably comply with a provision of
this chapter, or an order or regulation adopted under the authority of
this chapter specifically for the protection of human safety or
prevention of significant damage to real property, including, but not
limited to, the commission's code of gas safety regulations shall, if it
is determined by the commission by a preponderance of the evidence that
such safety violation caused or constituted a contributing factor in
bringing about: (a) a death or personal injury; or (b) damage to real
property in excess of fifty thousand dollars, forfeit a sum not to
exceed the greater of:
(i) two hundred fifty thousand dollars or three one-hundredths of one
percent of the annual intrastate gross operating revenue of the corpo-
ration, not including taxes paid to and revenues collected on behalf of
government entities, whichever is greater, constituting a civil penalty
for each separate and distinct offense; provided, however, that for
purposes of this paragraph, each day of a continuing violation shall not
be deemed a separate and distinct offense. The total period of a contin-
uing violation, as well as every distinct violation, shall be similarly
treated as a separate and distinct offense for purposes of this para-
graph; or
(ii) the maximum forfeiture determined in accordance with subdivision
three of this section.
5. Notwithstanding the provisions of subdivision three or four of this
section, a combination gas and electric corporation determined by the
commission to have failed to reasonably comply by a preponderance of the
evidence with a provision of this chapter, or an order or regulation
adopted under authority of this chapter, designed to protect the overall
reliability and continuity of electric service, including but not limit-
ed to the restoration of electric service following a major outage event
or emergency, shall forfeit a sum not to exceed the greater of:
(a) five hundred thousand dollars or four one-hundredths of one
percent of the annual intrastate gross operating revenue of the corpo-
ration, not including taxes paid to and revenues collected on behalf of
government entities, whichever is greater, constituting a civil penalty
for each separate and distinct offense; provided, however, that for
purposes of this paragraph each day of a continuing violation shall not
be deemed a separate and distinct offense. The total period of a contin-
uing violation, as well as every distinct violation shall be similarly
treated as a separate and distinct offense for purposes of this para-
graph; or
(b) the maximum forfeiture determined in accordance with subdivision
three of this section.
S. 4960 6
6. Any officer of any combination gas and electric corporation deter-
mined by the commission to have violated the provisions of subdivision
three, four, or five of this section, and who knowingly violates a
provision of this chapter, regulation or an order adopted under authori-
ty of this chapter so long as the same shall be in force shall forfeit a
sum not to exceed one hundred thousand dollars constituting a civil
penalty for each and every offense and, in the case of a continuing
violation, each day shall be deemed a separate and distinct offense.
7. Any such assessment may be compromised or discontinued by the
commission.] All moneys recovered pursuant to this section, together
with the costs thereof, shall be remitted to, or for the benefit of, the
ratepayers in a manner to be determined by the commission.
[8.] 5. Upon a failure by a combination gas and electric corporation
or officer to remit any penalty assessed by the commission pursuant to
this section, the commission, through its counsel, may institute an
action or special proceeding to collect the penalty in a court of compe-
tent jurisdiction.
[9.] 6. Any payment made by a combination gas and electric corporation
or the officers thereof as a result of an assessment OR PENALTY as
provided in this section, and the cost of litigation and investigation
related to any such assessment, shall not be recoverable from ratepay-
ers.
[10.] 7. In construing and enforcing the provisions of this chapter
relating to penalties, the act of any director, officer, agent or
employee of a combined gas and electric corporation acting within the
scope of his or her official duties or employment shall be deemed to be
the act of such corporation.
[11.] 8. It shall be a violation of this chapter should a director,
officer or employee of a public utility company, corporation, person
acting in his or her official duties or employment, or an agent acting
on behalf of an employer take retaliatory personnel action such as
discharge, suspension, demotion, penalization or discrimination against
an employee for reporting a violation of a provision of this chapter
[of] OR an order or regulation adopted under the authority of this chap-
ter, including, but not limited to, those governing safe and adequate
service, protection of human safety or prevention of significant damage
to real property, including, but not limited to, the commission's code
of gas safety. Nothing in this subdivision shall be deemed to diminish
the rights, privileges or remedies of any employee under any other law
or regulation, including but not limited to article twenty-C of the
labor law and section seventy-five-b of the civil service law, or under
any collective bargaining agreement or employment contract.
§ 3. The public service law is amended by adding a new section 25-b to
read as follows:
§ 25-B. ADMINISTRATIVE ACTIONS AGAINST OTHER REGULATED ENTITIES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, SECTION TWENTY-
FIVE-A OF THIS ARTICLE SHALL APPLY IN EQUAL FORCE TO: 1. AN ELECTRIC
CORPORATION AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO OF THIS
ARTICLE; 2. A GAS CORPORATION AS DEFINED IN SUBDIVISION ELEVEN OF
SECTION TWO OF THIS ARTICLE; 3. A CABLE TELEVISION COMPANY OR CABLE
TELEVISION SYSTEM AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE; 4. A TELEPHONE CORPORATION AS DEFINED IN
SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS ARTICLE; 5. A STEAM CORPO-
RATION AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION TWO OF THIS ARTI-
CLE; AND 6. A WATER-WORKS CORPORATION AS DEFINED IN SUBDIVISION TWENTY-
S. 4960 7
SEVEN OF SECTION TWO OF THIS ARTICLE; AS WELL AS THE OFFICERS OR
EMPLOYEES OF ANY SUCH CORPORATE ENTITIES DESCRIBED ABOVE.
§ 4. Subdivision 21 of section 66 of the public service law, as
amended by section 4 of part X of chapter 57 of the laws of 2013, is
amended to read as follows:
21. (a) Each electric corporation subject to section twenty-five-a of
this chapter shall annually, on or before December fifteenth, submit to
the commission an emergency response plan for review and approval. The
emergency response plan shall be designed for the reasonably prompt
restoration of service in the case of an emergency event, defined for
purposes of this subdivision as an event where widespread outages have
occurred in the service territory of the company due to storms or other
causes beyond the control of the company. The emergency response plan
shall include, but need not be limited to, the following: (i) the iden-
tification of management staff responsible for company operations during
an emergency; (ii) a communications PLAN THAT INCLUDES: (A) A system
[with] THAT COMMUNICATES SERVICE INFORMATION TO customers during an
emergency that extends beyond normal business hours and business condi-
tions; [(iii)] (B) identification of and outreach plans to customers who
had documented their need for essential electricity for medical needs;
[(iv)] (C) identification of and outreach plans to customers who had
documented their need for essential electricity to provide critical
telecommunications, critical transportation, critical fuel distribution
services or other large-load customers identified by the commission;
[(v)] (D) designation of company staff to communicate with local offi-
cials and appropriate regulatory agencies; [(vi)] AND (E) IDENTIFIES,
TESTS AND VERIFIES REDUNDANCIES IN COMMUNICATIONS SYSTEMS; (III)
provisions regarding how the company will assure the safety of its
employees and contractors; [(vii)] (IV) procedures for deploying company
and mutual aid crews to work assignment areas; [(viii)] (V) identifica-
tion of additional supplies and equipment needed during an emergency;
[(ix)] (VI) the means of obtaining additional supplies and equipment;
[(x)] (VII) procedures to practice the emergency response plan; [(xi)]
(VIII) appropriate safety precautions regarding electrical hazards,
including plans to promptly secure downed wires within thirty-six hours
of notification of the location of such downed wires from a municipal
emergency official; and [(xii)] (IX) such other additional information
as the commission may require. Each such corporation shall, on an annual
basis, undertake drills implementing procedures to practice its emergen-
cy management plan. The commission may adopt additional requirements
consistent with ensuring the reasonably prompt restoration of service in
the case of an emergency event.
(b) After review of a corporation's emergency response plan, the
commission may require such corporation to amend the plan. The commis-
sion may also open an investigation of the corporation's plan to deter-
mine its sufficiency to respond adequately to an emergency event. If,
after hearings, the commission finds a material deficiency in the plan,
it may order the company to make such modifications that it deems
reasonably necessary to remedy the deficiency.
(c) The commission is authorized to open an investigation to review
the performance of any corporation in restoring service, IMPLEMENTING
COMMUNICATIONS PLANS or otherwise meeting the requirements of the emer-
gency response plan during an emergency event. If, after evidentiary
hearings or other investigatory proceedings, the commission finds that
the corporation failed to [reasonably] implement its emergency response
plan or the length of such corporation's outages were materially longer
S. 4960 8
than they would have been, because of such corporation's failure to
[reasonably] implement its emergency response plan, the commission may
deny the recovery of any part of the service restoration costs caused by
such failure, commensurate with the degree and impact of the service
outage; provided, however, that nothing herein limits the commission's
authority to otherwise commence a proceeding pursuant to sections twen-
ty-four, twenty-five and twenty-five-a of this chapter.
(d) The commission shall certify to the department of homeland securi-
ty and emergency services that each such corporation's emergency
response plan is sufficient to ensure to the greatest extent feasible
the timely and safe restoration of energy services after an emergency in
compliance with the requirements of this chapter.
(e) The filing of each emergency response plan required under para-
graph (a) of this subdivision shall also include a copy of all written
mutual assistance agreements among utilities.
(f) Each electric corporation shall file with the county executive or
the chief elected official of a county for each county within its
service territory the most recent approved copy of the emergency
response plan required pursuant to this section. For the purposes of an
electric corporation operating within the city of New York, such corpo-
ration shall file the most recent approved emergency response plan with
the emergency management office of the city of New York.
(g) The commission shall provide access to such emergency response
plan pursuant to article six of the public officers law.
§ 5. Section 94 of the public service law is amended by adding a new
subdivision 5 to read as follows:
5. (A) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL ANNUALLY, ON OR
BEFORE DECEMBER FIFTEENTH, SUBMIT TO THE COMMISSION AN EMERGENCY
RESPONSE PLAN FOR REVIEW AND APPROVAL. THE EMERGENCY RESPONSE PLAN SHALL
BE DESIGNED FOR THE REASONABLY PROMPT RESTORATION OF SERVICE IN THE CASE
OF AN EMERGENCY EVENT, DEFINED FOR PURPOSES OF THIS SUBDIVISION AS AN
EVENT WHERE WIDESPREAD OUTAGES HAVE OCCURRED IN THE SERVICE TERRITORY OF
THE COMPANY DUE TO STORMS OR OTHER CAUSES BEYOND THE CONTROL OF THE
COMPANY. THE EMERGENCY RESPONSE PLAN SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, THE FOLLOWING: (I) THE IDENTIFICATION OF MANAGEMENT STAFF
RESPONSIBLE FOR COMPANY OPERATIONS DURING AN EMERGENCY; (II) A COMMUNI-
CATIONS PLAN THAT INCLUDES (A) A SYSTEM THAT COMMUNICATES SERVICE INFOR-
MATION TO CUSTOMERS DURING AN EMERGENCY THAT EXTENDS BEYOND NORMAL BUSI-
NESS HOURS AND BUSINESS CONDITIONS; (B) DESIGNATION OF COMPANY STAFF TO
COMMUNICATE WITH LOCAL OFFICIALS AND APPROPRIATE REGULATORY AGENCIES;
AND (C) IDENTIFIES, TESTS AND VERIFIES REDUNDANCIES IN COMMUNICATIONS
SYSTEMS; (III) PROVISIONS REGARDING HOW THE COMPANY WILL ENSURE THE
SAFETY OF ITS EMPLOYEES AND CONTRACTORS; (IV) PROCEDURES FOR DEPLOYING
PERSONNEL CREWS TO WORK ASSIGNMENT AREAS; (V) IDENTIFICATION OF ADDI-
TIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY; (VI) THE MEANS
OF OBTAINING ADDITIONAL SUPPLIES AND EQUIPMENT; (VII) PROCEDURES TO
PRACTICE THE EMERGENCY RESPONSE PLAN; AND (VIII) SUCH OTHER ADDITIONAL
INFORMATION AS THE COMMISSION MAY REQUIRE. EACH SUCH CORPORATION SHALL,
ON AN ANNUAL BASIS, UNDERTAKE DRILLS IMPLEMENTING PROCEDURES TO PRACTICE
ITS EMERGENCY MANAGEMENT PLAN. THE COMMISSION MAY ADOPT ADDITIONAL
REQUIREMENTS CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION
OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
(B) AFTER REVIEW OF A CORPORATION'S EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN. THE COMMIS-
SION MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT. IF,
S. 4960 9
AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
IT MAY ORDER THE COMPANY TO MAKE SUCH MODIFICATIONS THAT IT DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
(C) THE COMMISSION IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN RESTORING SERVICE, IMPLEMENTING
COMMUNICATIONS PLANS OR OTHERWISE MEETING THE REQUIREMENTS OF THE EMER-
GENCY RESPONSE PLAN DURING AN EMERGENCY EVENT.
(D) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL FILE WITH THE COUN-
TY EXECUTIVE OR THE CHIEF ELECTED OFFICIAL OF A COUNTY FOR EACH COUNTY
WITHIN ITS SERVICE TERRITORY THE MOST RECENT APPROVED COPY OF THE EMER-
GENCY RESPONSE PLAN REQUIRED PURSUANT TO THIS SECTION. FOR THE PURPOSES
OF A CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPORATION
SHALL FILE THE MOST RECENT APPROVED EMERGENCY RESPONSE PLAN WITH THE
EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
(E) THE COMMISSION SHALL PROVIDE ACCESS TO SUCH EMERGENCY RESPONSE
PLAN PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
§ 6. Section 216 of the public service law is amended by adding a new
subdivision 4-a to read as follows:
4-A. (A) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL ANNUALLY, ON
OR BEFORE DECEMBER FIFTEENTH, SUBMIT TO THE COMMISSION AN EMERGENCY
RESPONSE PLAN FOR REVIEW AND APPROVAL. THE EMERGENCY RESPONSE PLAN SHALL
BE DESIGNED FOR THE REASONABLY PROMPT RESTORATION OF SERVICE IN THE CASE
OF AN EMERGENCY EVENT, DEFINED FOR PURPOSES OF THIS SUBDIVISION AS AN
EVENT WHERE WIDESPREAD OUTAGES HAVE OCCURRED IN THE SERVICE TERRITORY OF
THE COMPANY DUE TO STORMS OR OTHER CAUSES BEYOND THE CONTROL OF THE
COMPANY. THE EMERGENCY RESPONSE PLAN SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, THE FOLLOWING: (I) THE IDENTIFICATION OF MANAGEMENT STAFF
RESPONSIBLE FOR COMPANY OPERATIONS DURING AN EMERGENCY; (II) A COMMUNI-
CATIONS PLAN WHICH INCLUDES: (A) A SYSTEM THAT COMMUNICATES SERVICE
INFORMATION TO CUSTOMERS DURING AN EMERGENCY THAT EXTENDS BEYOND NORMAL
BUSINESS HOURS AND BUSINESS CONDITIONS; (B) DESIGNATION OF COMPANY STAFF
TO COMMUNICATE WITH LOCAL OFFICIALS AND APPROPRIATE REGULATORY AGENCIES;
AND (C) IDENTIFIES, TESTS AND VERIFIES REDUNDANCIES IN COMMUNICATIONS
SYSTEMS; (III) PROVISIONS REGARDING HOW THE COMPANY WILL ENSURE THE
SAFETY OF ITS EMPLOYEES AND CONTRACTORS; (IV) PROCEDURES FOR DEPLOYING
PERSONNEL CREWS TO WORK ASSIGNMENT AREAS; (V) IDENTIFICATION OF ADDI-
TIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY; (VI) THE MEANS
OF OBTAINING ADDITIONAL SUPPLIES AND EQUIPMENT; (VII) PROCEDURES TO
PRACTICE THE EMERGENCY RESPONSE PLAN; AND (VIII) SUCH OTHER ADDITIONAL
INFORMATION AS THE COMMISSION MAY REQUIRE. EACH SUCH CORPORATION SHALL,
ON AN ANNUAL BASIS, UNDERTAKE DRILLS IMPLEMENTING PROCEDURES TO PRACTICE
ITS EMERGENCY MANAGEMENT PLAN. THE COMMISSION MAY ADOPT ADDITIONAL
REQUIREMENTS CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION
OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
(B) AFTER REVIEW OF A CORPORATION'S EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN. THE COMMIS-
SION MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT. IF,
AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
IT MAY ORDER THE COMPANY TO MAKE SUCH MODIFICATIONS THAT IT DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
(C) THE COMMISSION IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN RESTORING SERVICE, IMPLEMENTING
COMMUNICATIONS PLANS OR OTHERWISE MEETING THE REQUIREMENTS OF THE EMER-
GENCY RESPONSE PLAN DURING AN EMERGENCY EVENT.
S. 4960 10
(D) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL FILE WITH THE COUN-
TY EXECUTIVE OR THE CHIEF ELECTED OFFICIAL OF A COUNTY FOR EACH COUNTY
WITHIN ITS SERVICE TERRITORY THE MOST RECENT APPROVED COPY OF THE EMER-
GENCY RESPONSE PLAN REQUIRED PURSUANT TO THIS SECTION. FOR THE PURPOSES
OF A CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPORATION
SHALL FILE THE MOST RECENT APPROVED EMERGENCY RESPONSE PLAN WITH THE
EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
(E) THE COMMISSION SHALL PROVIDE ACCESS TO SUCH EMERGENCY RESPONSE
PLAN PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
§ 7. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the department of public
service or the public service commission is authorized to promulgate any
regulations or orders necessary to implement this act.
