S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4059
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   requirements  and  penalties  for combination utility companies during
   service outages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-u to read as follows:
   § 66-U. ESTABLISHMENT OF REQUIREMENTS AND  PENALTIES  FOR  COMBINATION
 UTILITY  COMPANIES  DURING  SERVICE OUTAGES. 1. (A) THE COMMISSION SHALL
 HAVE THE POWER TO ESTABLISH  STANDARDS  OF  ACCEPTABLE  PERFORMANCE  FOR
 COMBINATION  UTILITY COMPANIES IN THE EVENT OF A POWER OUTAGE AND SUBSE-
 QUENT POWER RESTORATION.
   (B) THE COMMISSION SHALL ALSO PROVIDE FOR A PENALTY IN THE EVENT  THAT
 A  COMBINATION  UTILITY  COMPANY IS DETERMINED BY THE COMMISSION TO HAVE
 FAILED TO REASONABLY COMPLY BY A PREPONDERANCE OF THE EVIDENCE WITH  ANY
 PROVISION  OF  THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED UNDER THE
 AUTHORITY OF THIS CHAPTER, WHICH PROTECTS THE  OVERALL  RELIABILITY  AND
 CONTINUITY  OF  COMBINATION  UTILITY COMPANY SERVICES, INCLUDING BUT NOT
 LIMITED TO RESTORING SERVICE OR OTHERWISE MEETING THE REQUIREMENTS OF AN
 EMERGENCY SERVICE PLAN FOLLOWING A MAJOR OUTAGE EVENT OR EMERGENCY. SUCH
 PENALTY SHALL BE UP TO ONE HUNDRED DOLLARS PER VIOLATION OF THIS SECTION
 OR, FOR A PATTERN OR PRACTICE OF SUCH VIOLATIONS, OF UP TO ONE  THOUSAND
 DOLLARS  PER  VIOLATION.  A  VIOLATION  SHALL  BE  JUDGED PER INDIVIDUAL
 ACCOUNT AND SHALL INCLUDE BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS.
   (C) FOR THE PURPOSES OF THIS SECTION,  "COMBINATION  UTILITY  COMPANY"
 SHALL  MEAN  A  UTILITY  COMPANY  THAT  PROVIDES ELECTRIC, GAS, OR STEAM
 SERVICE IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06277-01-3
 A. 4059                             2
 
              

   2. THE COMMISSION SHALL ESTABLISH A SCHEDULE OF  CUSTOMER  CREDITS  OR
 REBATES,  WHICH  SHALL  BE  AWARDED TO CUSTOMERS THAT EXPERIENCE SERVICE
 OUTAGE CONDITIONS AND FOR MISSED INSTALLATION APPOINTMENTS.
   3. THE COMMISSION IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW THE
 PERFORMANCE  OF  ANY COMBINATION UTILITY COMPANY IN RESTORING SERVICE OR
 OTHERWISE MEETING THE REQUIREMENTS OF AN EMERGENCY RESPONSE PLAN  DURING
 AN EMERGENCY EVENT. IF, AFTER EVIDENTIARY HEARINGS OR OTHER INVESTIGATO-
 RY PROCEEDINGS, THE COMMISSION FINDS THAT THE COMBINATION UTILITY COMPA-
 NY  FAILED  TO  REASONABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE
 LENGTH OF SUCH COMBINATION UTILITY  COMPANY'S  OUTAGES  WERE  MATERIALLY
 LONGER  THAN  THEY SHOULD HAVE BEEN, BECAUSE OF SUCH COMBINATION UTILITY
 COMPANY'S FAILURE TO REASONABLY IMPLEMENT ITS EMERGENCY  RESPONSE  PLAN,
 THE COMMISSION MAY DENY THE RECOVERY OF ANY PART OF THE SERVICE RESTORA-
 TION  COSTS  CAUSED  BY  SUCH  FAILURE, COMMENSURATE WITH THE DEGREE AND
 IMPACT OF THE SERVICE OUTAGE; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS
 SECTION  LIMITS  THE  COMMISSION'S  AUTHORITY  TO  OTHERWISE  COMMENCE A
 PROCEEDING PURSUANT TO SECTIONS  TWENTY-FOUR,  TWENTY-FIVE  AND  TWENTY-
 FIVE-A  OF  THIS CHAPTER, PROVIDED SUCH ACTION OR PENALTY SOLELY RELATES
 TO THE COMBINATION UTILITY COMPANY'S PERFORMANCE UNDER THE  REQUIREMENTS
 OF THE COMBINATION UTILITY COMPANY'S EMERGENCY RESPONSE PLAN.
   4.  THE  FISCAL  IMPACT  OF  ANY PAYMENT MADE BY A COMBINATION UTILITY
 COMPANY OR THE OFFICERS THEREOF AS A RESULT OF A PENALTY ASSESSED PURSU-
 ANT TO THIS SECTION,  AND  THE  COST  OF  LITIGATION  AND  INVESTIGATION
 RELATED TO ANY SUCH ASSESSMENT SHALL NOT BE BORNE BY CUSTOMERS AND SHALL
 NOT  BE  ADDED  TO  BILLS RENDERED BY THE COMBINATION UTILITY COMPANY TO
 CUSTOMERS.
   § 2. This act shall take effect immediately.