S. 1701 2
(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 COMMISSION;
(F) WHETHER THE VIOLATION WAS OF A PROVISION OF THIS CHAPTER, OR A
REGULATION OR ORDER ADOPTED UNDER THE AUTHORITY OF THIS CHAPTER, SPECIF-
ICALLY 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. 1701 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.
4-a.] (a) Notwithstanding the provisions of subdivision one or two of
this section, any public utility company or corporation, and the offi-
cers, agents or employees thereof that knowingly makes a false material
statement, representation or certification to the commission in any rate
proceeding shall forfeit to the state of New York a sum not to exceed
two hundred fifty thousand dollars. Each false material statement,
representation or certification shall constitute a separate and distinct
offense for purposes of this section.
(b) A public utility company or corporation, and the officers, agents
or employees thereof that discover that a false material statement,
representation or certification was previously made to the commission in
relation to a rate proceeding shall disclose such false material state-
ment, representation or certification to the commission within three
business days of discovery. Failure to make such disclosure shall
constitute a knowing violation of this subdivision and shall cause such
public utility company or corporation and the officers, agents or
employees thereof to be liable for forfeiture pursuant to this subdivi-
sion.
[4-a.] 4. 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 section sixty-five of this chapter, or an order
or regulation adopted pursuant to section sixty-five of this chapter, or
such public utility company, corporation or person and the officers,
agents and employees thereof knowingly sends a customer assistance
inquiry outside a gas or electric corporation's New York state service
territory or outside the state of New York without notice, a hearing and
approval before the commission pursuant to section sixty-five of this
chapter, shall forfeit to the state of New York a sum not to exceed the
greater of:
(a) fifty thousand dollars constituting a civil penalty for each sepa-
rate and distinct customer service inquiry sent outside of New York and
one hundred thousand dollars constituting a civil penalty for each day a
call center or other facility providing the customer assistance is
closed; 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. 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 liti-
gation and investigation related to any such action shall not be
included by the commission in revenue requirements used to establish
rates and charges.
S. 1701 4
7. 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 with-
in the scope of [his or her] THEIR official duties or employment shall
be deemed to be the act of such public utility company, corporation 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] 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
S. 1701 5
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;
(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
S. 1701 6
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.
[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.
S. 1701 7
[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] THEIR 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] THEIR 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 chapter, including, but not limited to, those governing safe and
adequate service, protection of human safety or prevention of signif-
icant 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, para-
graph (a) as separately amended by chapters 395 and 743 of the laws of
2022, subparagraph (iii) of paragraph (a) as separately amended by chap-
ters 395 and 743 of the laws of 2022 and chapter 38 of the laws of 2023,
subparagraph (xi) of paragraph (a) as separately amended by chapter 743
of the laws of 2022 and chapter 38 of the laws of 2024, subparagraphs
(xii), (xiii) and (xiv) of paragraph (a) as amended by chapter 38 of the
laws of 2024, 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, cyber
attack, 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 oper-
ations during an emergency; (ii) a communications PLAN THAT INCLUDES:
S. 1701 8
(A) A system [with] THAT COMMUNICATES SERVICE INFORMATION TO customers
during an emergency that extends beyond normal business hours and busi-
ness conditions; [(iii)] (B) identification of and outreach plans to
customers who had documented their need for essential electricity for
medical needs, which shall include but not be limited to, apnea monitors
for infants, cuirass respirators, hemodialysis machines, IV feeding
machines, IV medical infusion machines, oxygen concentrators, positive
pressure respirators, respirator/ventilators, rocking bed respirators,
suction machines, and tank type respirators; [(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 officials 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) proce-
dures for deploying company and mutual aid crews to work assignment
areas; [(viii)] (V) identification of additional supplies and equipment
needed during an emergency; [(ix)] (VI) the means of obtaining addi-
tional 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; [(xii)] (IX) plans to
prioritize the securing of downed wires over routine maintenance or
other work unrelated to a response to an emergency event after notifica-
tion by an individual of the location of such downed wires and where
such notification includes information indicating wire burning,
arcing/sparking, or the restriction of ingress and egress from a build-
ing or vehicle, or other immediate hazards. Such plans shall, at mini-
mum, include procedures to identify, locate, and assess the reported
wire no later than seventy-two hours after the response to an emergency
event ends; [(xiii)] (X) plans setting forth how the communication and
coordination of efforts between the electric corporation, electric
corporation employees, electric corporation company crews, mutual aid
crews, other utilities, local governments and any other entity perform-
ing services to assist such electric corporation shall occur; and
[(xiv)] (XI) 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. If, after evidentiary
hearings or other investigatory proceedings, the commission finds that
S. 1701 9
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.
(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-
S. 1701 10
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.
§ 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
S. 1701 11
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,
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.
