senate Bill S7755

2013-2014 Legislative Session

Enacts the public utility extreme weather and storm hardening assessment act of 2014

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jun 05, 2014 referred to energy and telecommunications

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S7755 - Bill Details

See Assembly Version of this Bill:
A9991
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L; amd §§1020-f & 1014, Pub Auth L

S7755 - Bill Texts

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Relates to utility assessment of and accommodation to climate change; requires utility companies to complete and file a climate change impact statement every five years.

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BILL NUMBER:S7755

TITLE OF BILL: An act to amend the public service law and the public
authorities law, in relation to utility assessment of and
accommodation to climate change

PURPOSE:, To require electric and natural gas utilities, the New York
Power Authority (NYPA) and the Long Island Power Authority (LIPA) to
periodically assess and report to the PSC on their vulnerability to
extreme weather and related threats posed by climate change.

SUMMARY OF PROVISIONS:

Section one of the bill establishes the title of the Act as the
"Public Utility Extreme Weather and Storm Hardening Assessment Act of
2014."

Section two sets forth the legislative intent.

Section three adds a new subdivision (18) to Section 66 of the Public
Service Law to:

1. Define the terms "public utility," "drought," "heightened potential
for forest fires" and "weather event;"

2. Require that public utilities periodically prepare a climate change
impact statement for submission to and review by the Public Service
Commission;

3. Establish a schedule pursuant to which each public utility must
submit a climate change impact statement to the PSC,

4. Establish the minimum contents for climate change impact
statements;

5. Require the PSC to make climate change impact statements submitted
by the public utilities available for public comment;

6. Require the PSC, following a public comment period, to evaluate the
adequacy of each climate change impact statement; and

7. Authorize the PSC to augment, modify, or waive certain requirements
for climate change impact statements.

Section four amends Article 5 of the Public Authorities Law to add a
new subdivision (ii) to PAL section 1020-f to extend the climate
change impact statement requirements set forth in section 66(18) of
the Public Service Law to the Long Island Power Authority.

Section five amends Article 5 of the Public Authorities Law by
designating the opening paragraph of PAL section 1014 as subdivision
one and adding a new subdivision two to extend the climate change
impact statement requirements set forth in section 66(18) of the
Public Service Law to the New York Power Authority.

Section six establishes the effective date.


JUSTIFICATION: The recent failure of vital electric and natural gas
services in the wake of several major storm events in the State
significantly impacted millions of our citizens: hospitals were shut
down and patients displaced, sewage treatment plants could not
operate, communications systems were compromised, and many were
without power for weeks. Superstorm Sandy alone caused power outages
to over two million New Yorkers, resulting in between $30 and $50
billion in lost economic activity to the New York City metropolitan
area. Although Sandy was an unprecedented storm, climate change is
expected to increase the size and frequency of large storms,
dramatically raise sea levels along our coasts and estuaries, and
intensify other weather events such as heat waves, ice storms, and
drought.

The Public Utility Extreme Weather and Storm Hardening Assessment Act
of 2014 would require providers of electric and natural gas services,
including the Long Island Power Authority (LIPA) with the assistance
of the service provider or providers, and the New York Power Authority
(NYPA), to assess at five-year intervals the probable impacts of
climate change on their infrastructure, operations and delivery of
service; document how they have incorporated their findings into their
operations, planning, infrastructure design, and emergency
preparations; and explain how they propose to prepare for expected
changes. The utilities would be required to submit this information in
the form of a "Climate Change Impact Statement" to the Public Service
Commission (PSC) and to county executives and the New York City
Emergency Management Office. The PSC would publish each Climate Change
Impact Statement for public comment, prepare an assessment based on
public comment and its own analysis, and release its assessment for
public use.

The Act is modeled on the recent Con Edison rate proceeding at the
PSC, in which the Commission ordered that Con Ed employ stricter
design standards to accommodate future climate conditions, thus
ensuring that customer services and utility facilities would be
protected from extreme weather due to climate change. The Act supports
the PSC's order by providing a framework and process for the State's
other regulated utilities, NYPA and LIPA to carry out these climate
preparations in a systematic and transparent manner.

The Act is consistent with recommendations by the NYS 2100 Commission
(2013), the Moreland Commission on Utility Storm Preparation and
Response (2013), and ClimAid: the Integrated Assessment for Effective
Climate Change Adaptation Strategies in New York State (Columbia
University, CUNY, Cornell University, NYSERDA 2011).

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 15th next succeeding the date on which the
act shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7755

                            I N  S E N A T E

                              June 5, 2014
                               ___________

Introduced  by  Sen.  MAZIARZ -- (at request of the Attorney General) --
  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 and the public authorities law,
  in relation to utility assessment  of  and  accommodation  to  climate
  change

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "public
utility extreme weather and storm hardening assessment act of 2014".
  S  2. Legislative intent. The legislature hereby finds that the levels
of carbon dioxide and other  greenhouse  gases  in  the  atmosphere  are
continuing  to  increase  and that the international community of scien-
tists who study such matters overwhelmingly believe that  this  progres-
sive  increase  in  the  levels  of atmospheric carbon dioxide and other
greenhouse gases is causing and will continue to cause  an  increase  in
the  severity  of weather events as well as an increase in the frequency
of such weather events in New York state and globally, phenomena common-
ly referred to as climate change.
  Severe weather events have caused and have the potential to  cause  in
the future, significant disruptions to the provision of essential utili-
ty  services to the public, including electric and natural gas services.
In our modern-day society the provision of adequate and reliable  public
utility  services  is  essential to the safety, health and well-being of
all New Yorkers and to the state's economy.
  It is therefore critical that the providers of public utility services
adopt and follow protocols and procedures that will allow them to antic-
ipate the impacts of climate change on their ability  to  provide  these
essential  services and that allow them to undertake appropriate actions
that will avoid or, at the very least minimize, any disruptions to these
essential utility services that may be  caused  by  the  severe  weather
events resulting from climate change.
  S  3.  Section 66 of the public service law is amended by adding a new
subdivision 18 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14815-04-4

S. 7755                             2

  18. (A) FOR PURPOSES OF THIS SUBDIVISION:
  (I)  THE  TERM  "PUBLIC  UTILITY" INCLUDES A COMBINED GAS AND ELECTRIC
CORPORATION, AN ELECTRIC CORPORATION, A GAS CORPORATION, THE LONG ISLAND
POWER AUTHORITY AND THE NEW YORK POWER AUTHORITY;
  (II) THE TERM "DROUGHT" MEANS MODERATE,  SEVERE,  OR  EXTREME  DROUGHT
CONDITIONS AS MEASURED BY THE PALMER DROUGHT SEVERITY INDEX;
  (III)  THE TERM "HEIGHTENED POTENTIAL FOR FOREST FIRES" MEANS A UNITED
STATES FOREST SERVICE FIRE DANGER RATING  OF  "HIGH,"  "VERY  HIGH,"  OR
"EXTREME"; AND
  (IV)  THE  TERM  "WEATHER  EVENT" SHALL INCLUDE PRECIPITATION, AMBIENT
ATMOSPHERIC TEMPERATURE, WIND, HUMIDITY, TROPICAL  CYCLONE,  NOR'EASTER,
TORNADO, DERECHO, MICROBURST, FLOOD, DROUGHT, OR FOREST FIRE.
  (B)  EACH  PUBLIC  UTILITY  SHALL  SUBMIT TO THE COMMISSION AND TO THE
COUNTY EXECUTIVE OR CHIEF ELECTED OFFICIAL OF  EACH  COUNTY  WITHIN  ITS
SERVICE  TERRITORY  A  CLIMATE  CHANGE  IMPACT  STATEMENT  ("STATEMENT")
CONTAINING, WITHOUT LIMITATION, ALL OF THE ELEMENTS SET FORTH  IN  PARA-
GRAPH  (H) OF THIS SUBDIVISION, IN ACCORDANCE WITH THE APPLICABLE SCHED-
ULE FOR SUCH SUBMISSIONS SET FORTH IN PARAGRAPHS (C),  (D)  AND  (E)  OF
THIS SUBDIVISION.  FOR THE PURPOSES OF A PUBLIC UTILITY OPERATING WITHIN
THE  CITY  OF  NEW  YORK,  SUCH  PUBLIC UTILITY SHALL FILE A COPY OF ITS
CLIMATE CHANGE IMPACT STATEMENT WITH THE EMERGENCY MANAGEMENT OFFICE  OF
THE CITY OF NEW YORK.
  (C)  IN  TWO  THOUSAND SIXTEEN, AND EVERY FIFTH YEAR THEREAFTER, ON OR
BEFORE THE FIRST DAY OF JUNE, THE LONG ISLAND POWER AUTHORITY, WITH  THE
ASSISTANCE  OF THE SERVICE PROVIDER OR PROVIDERS, AND THE NEW YORK POWER
AUTHORITY SHALL EACH SUBMIT TO THE COMMISSION AND TO THE  COUNTY  EXECU-
TIVE  OR  CHIEF  ELECTED OFFICIAL OF EACH COUNTY WITHIN THEIR RESPECTIVE
SERVICE TERRITORIES A CLIMATE CHANGE IMPACT STATEMENT BASED ON THE  FIVE
CALENDAR YEARS IMMEDIATELY PRECEDING THE SUBMISSION DATE.
  (D)  IN TWO THOUSAND SEVENTEEN, AND EVERY FIFTH YEAR THEREAFTER, ON OR
BEFORE THE FIRST DAY OF JUNE, EACH COMBINED GAS AND ELECTRIC CORPORATION
SHALL SUBMIT TO THE COMMISSION AND TO  THE  COUNTY  EXECUTIVE  OR  CHIEF
ELECTED  OFFICIAL  OF EACH COUNTY WITHIN ITS SERVICE TERRITORY A CLIMATE
CHANGE IMPACT STATEMENT BASED ON THE  FIVE  CALENDAR  YEARS  IMMEDIATELY
PRECEDING THE SUBMISSION DATE.
  (E)  IN  TWO THOUSAND EIGHTEEN, AND EVERY FIFTH YEAR THEREAFTER, ON OR
BEFORE THE FIRST DAY OF JUNE, EACH GAS CORPORATION AND  ELECTRIC  CORPO-
RATION  SHALL  SUBMIT  TO  THE COMMISSION AND TO THE COUNTY EXECUTIVE OR
CHIEF ELECTED OFFICIAL OF EACH COUNTY WITHIN  THEIR  RESPECTIVE  SERVICE
TERRITORIES,  A CLIMATE CHANGE IMPACT STATEMENT BASED ON THE FIVE CALEN-
DAR YEARS IMMEDIATELY PRECEDING THE SUBMISSION DATE.
  (F) IN THE EVENT THAT AT ANY TIME BETWEEN THE CLOSE OF  THE  REPORTING
PERIOD AND THE SCHEDULED SUBMISSION OF A CLIMATE CHANGE IMPACT STATEMENT
A WEATHER EVENT OCCURS THAT COULD POTENTIALLY ALTER ONE OR MORE MATERIAL
ELEMENTS  IN  THE  STATEMENT,  THEN  THE  PUBLIC  UTILITY SHALL PROMPTLY
REQUEST AN EXTENSION OF TIME FROM THE COMMISSION TO INCORPORATE SUCH NEW
INFORMATION INTO THE STATEMENT. ANY EXTENSION GRANTED BY THE  COMMISSION
SHALL  NOT  EXTEND  THE PUBLIC UTILITY'S TIME TO SUBMIT THE STATEMENT BY
MORE THAN SIXTY DAYS.
  (G) THE CLIMATE CHANGE IMPACT  STATEMENT  SHALL  DESCRIBE  THE  PUBLIC
UTILITY'S EFFORTS OVER THE COURSE OF THE PREVIOUS FIVE CALENDAR YEARS TO
ASCERTAIN  THE  MOST  CURRENT CREDIBLE INFORMATION ABOUT CLIMATE CHANGE,
SET FORTH THAT INFORMATION, ASSESS, BASED ON THAT INFORMATION, THE PROB-
ABLE IMPACTS OF CLIMATE CHANGE ON THE  PUBLIC  UTILITY'S  INFRASTRUCTURE
AND  OPERATIONS  OVER THE NEXT TWENTY YEARS OR SUCH OTHER TIME PERIOD AS
THE COMMISSION MAY DETERMINE BY REGULATION, AND DESCRIBE HOW THE  PUBLIC

S. 7755                             3

UTILITY HAS INCORPORATED AND/OR WILL INCORPORATE THE PROBABLE IMPACTS OF
CLIMATE CHANGE INTO THE PUBLIC UTILITY'S FUTURE OPERATIONS, MAINTENANCE,
PLANNING, INFRASTRUCTURE DESIGN AND CONSTRUCTION, AND EMERGENCY PREPARA-
TIONS.
  (H)  EACH  CLIMATE  CHANGE IMPACT STATEMENT SUBMITTED PURSUANT TO THIS
SUBDIVISION SHALL CONTAIN, AT A MINIMUM, THE FOLLOWING:
  (I) THE NAME OF THE CHIEF EXECUTIVE OFFICER OF THE PUBLIC UTILITY  AND
THE NAME AND TITLE OF EACH PUBLIC UTILITY OFFICER OR EMPLOYEE PRINCIPAL-
LY  RESPONSIBLE  FOR THE PREPARATION OF THE CLIMATE CHANGE IMPACT STATE-
MENT. IN ADDITION, THE  PUBLIC  UTILITY  SHALL  PREPARE  SEPARATELY  AND
SUBMIT  TO  THE COMMISSION A LIST, BY NAME AND POSITION OR JOB TITLE, OF
ALL EMPLOYEES OF THE REPORTING PUBLIC UTILITY WHO DIRECTLY  PARTICIPATED
IN  THE  PREPARATION  OF  THE  STATEMENT,  EXCLUDING THOSE EMPLOYEES WHO
PROVIDED SOLELY CLERICAL SERVICES. FOR EACH SUCH PARTICIPATING  EMPLOYEE
BRIEFLY  STATE THE NATURE OF HIS OR HER INVOLVEMENT AND THE TOTAL NUMBER
OF WORK HOURS SUCH EMPLOYEE DEVOTED TO THE PREPARATION OF THE STATEMENT.
  (II) A LIST, BY NAME AND AFFILIATION, OF ALL CONSULTANTS,  CONTRACTORS
AND  ANY  OTHER  PERSON  OR ENTITY NOT IDENTIFIED IN SUBPARAGRAPH (I) OF
THIS PARAGRAPH RETAINED BY THE REPORTING PUBLIC UTILITY  TO  PREPARE  OR
ASSIST  IN  THE  PREPARATION  OF  THE STATEMENT. FOR EACH SUCH PERSON OR
ENTITY STATE THE NATURE OF THE SERVICES PROVIDED INCLUDING THE NUMBER OF
HOURS INVOLVED AND THE COSTS OF SUCH SERVICES TO THE PUBLIC UTILITY.
  (III) A LIST OF ALL GOVERNMENT, TECHNICAL, ACADEMIC AND OTHER  REPORTS
OR  INFORMATION  CONSULTED  OR  CONSIDERED DURING THE PREPARATION OF THE
STATEMENT AND, IF ANY OF THESE MATERIALS WERE  FOUND  BY  THE  REPORTING
PUBLIC UTILITY TO BE NOT CREDIBLE, THE GROUNDS FOR SUCH FINDING. IDENTI-
FY  AND  STATE THE FACTS AND RESULTS OF ANY REPORTING YEAR WEATHER EVENT
THAT THE PUBLIC UTILITY BELIEVES HAD A MATERIAL IMPACT ON  ITS  PLANNING
OR PREPARATION.
  (IV)  A STATEMENT SETTING FORTH IN DETAIL THE CONCLUSIONS DRAWN BY THE
REPORTING PUBLIC UTILITY FROM THE INFORMATION IDENTIFIED IN SUBPARAGRAPH
(III) OF THIS PARAGRAPH, REGARDING CLIMATE CHANGE  AND  RELATED  WEATHER
EVENTS  WITH  RESPECT  TO THEIR PROBABLE IMPACTS ON THE REPORTING PUBLIC
UTILITY'S PAST AND FUTURE OPERATIONS, MAINTENANCE, PLANNING, INFRASTRUC-
TURE DESIGN AND CONSTRUCTION, AND EMERGENCY PREPARATIONS.
  (V) A DESCRIPTION OF ANY MEASURES THE  REPORTING  PUBLIC  UTILITY  HAS
UNDERTAKEN  TO INCORPORATE ITS CONCLUSIONS ABOUT THE PROBABLE IMPACTS OF
CLIMATE CHANGE AND RELATED WEATHER EVENTS INTO  ITS  FUTURE  OPERATIONS,
MAINTENANCE, PLANNING, INFRASTRUCTURE DESIGN AND CONSTRUCTION, AND EMER-
GENCY PREPARATIONS.
  (VI)  COPIES OF THE APPROPRIATE CURRENT AND PROPOSED FEDERAL EMERGENCY
MANAGEMENT AGENCY FLOOD PLAIN MAPS AND SUCH OTHER FLOOD PLAIN MAPS  THAT
THE  COMMISSION MAY DETERMINE BY REGULATION TO BE APPROPRIATE, WHICH MAP
OR MAPS THE REPORTING PUBLIC UTILITY SHALL MODIFY TO SHOW  THE  LOCATION
OF  THE  REPORTING  PUBLIC UTILITY'S INFRASTRUCTURE WITHIN PREDICTED ONE
HUNDRED YEAR AND FIVE HUNDRED YEAR FLOOD ZONES.
  (VII) IF ANY OF  THE  REPORTING  PUBLIC  UTILITY'S  INFRASTRUCTURE  IS
LOCATED  ON LAND FOR WHICH THERE IS NO CURRENT OR PROPOSED FEDERAL EMER-
GENCY MANAGEMENT AGENCY OR OTHER COMMISSION APPROVED FLOOD PLAIN MAP,  A
CURRENT  UNITED  STATES  GEOLOGICAL  SURVEY  MAP  MODIFIED  TO  SHOW THE
LOCATION OF THE REPORTING PUBLIC UTILITY'S INFRASTRUCTURE AND AN ASSESS-
MENT BY THE PUBLIC UTILITY CONCERNING THE RISK  TO  SUCH  INFRASTRUCTURE
FROM FLOODING, STORM SURGE, WAVE ACTION OR OTHER WATER DAMAGE.
  (VIII) FOR ANY STATEMENT SUBMITTED BY THE LONG ISLAND POWER AUTHORITY,
THE  NEW  YORK  POWER  AUTHORITY OR ANY COMBINED GAS AND ELECTRIC CORPO-
RATION, A  DESCRIPTION  OF  ANY  CHANGES  IN  PROCEDURES,  PRACTICES  OR

S. 7755                             4

RESOURCES,  INCLUDING  CHANGES  IN  PERSONNEL, RESULTING FROM THE CONSE-
QUENCES OF EACH AND EVERY  WEATHER  EVENT  THAT  CAUSED  DAMAGE  OF  ONE
MILLION  DOLLARS  OR  MORE TO THE INFRASTRUCTURE OF THE REPORTING PUBLIC
UTILITY DURING THE FIVE CALENDAR YEARS IMMEDIATELY PRECEDING THE YEAR OF
THE STATEMENT; FOR EVERY OTHER PUBLIC UTILITY NOT COVERED BY THE PRECED-
ING   SENTENCE,   DESCRIBE  ANY  CHANGES  IN  PROCEDURES,  PRACTICES  OR
RESOURCES, INCLUDING CHANGES IN PERSONNEL,  RESULTING  FROM  THE  CONSE-
QUENCES  OF  EACH  AND  EVERY  WEATHER  EVENT  THAT CAUSED DAMAGE OF TWO
HUNDRED FIFTY THOUSAND DOLLARS OR MORE  TO  THE  INFRASTRUCTURE  OF  THE
REPORTING  PUBLIC  UTILITY  DURING  THE FIVE CALENDAR YEARS PRIOR TO THE
YEAR OF THE STATEMENT.
  (IX) A DESCRIPTION OF THE (A) FLOOD HARDENING STANDARD  OR  STANDARDS,
(B)  WIND  HARDENING  STANDARD  OR STANDARDS, (C) ICE AND SNOW HARDENING
STANDARD OR STANDARDS, AND (D) VEGETATION CONTROL STANDARD OR  STANDARDS
THAT  THE  PUBLIC UTILITY CURRENTLY APPLIES TO ITS INFRASTRUCTURE, AND A
DESCRIPTION OF HOW THE PUBLIC UTILITY APPLIES EACH SUCH STANDARD. IF THE
PUBLIC UTILITY PROPOSES TO APPLY A DIFFERENT STANDARD IN THE FUTURE, THE
PUBLIC UTILITY SHALL IDENTIFY EACH SUCH PROPOSED  CHANGE  IN  EACH  SUCH
STANDARD AND DESCRIBE HOW IT PROPOSES TO APPLY SUCH CHANGED STANDARD.
  (X)  A DESCRIPTION OF HOW EXTREME AMBIENT AIR TEMPERATURE HAS AFFECTED
THE PUBLIC UTILITY'S OPERATIONS, MAINTENANCE,  PLANNING,  INFRASTRUCTURE
DESIGN  AND  CONSTRUCTION,  AND  EMERGENCY  PREPARATIONS DURING THE FIVE
CALENDAR YEARS PRIOR TO THE YEAR OF THE STATEMENT.
  (XI) A DESCRIPTION OF HOW THE PUBLIC UTILITY PROPOSES  TO  REDUCE  THE
IMPACT  OF  EXTREME ELEVATED AMBIENT AIR TEMPERATURE ON ITS FUTURE OPER-
ATIONS, MAINTENANCE, PLANNING, INFRASTRUCTURE DESIGN  AND  CONSTRUCTION,
AND EMERGENCY PREPARATIONS.
  (XII)  A DESCRIPTION OF DROUGHT CONDITIONS WITHIN THE PUBLIC UTILITY'S
SERVICE AREA DURING THE REPORTING PERIOD  AND  WHETHER  SUCH  CONDITIONS
HAVE  CREATED  A HEIGHTENED POTENTIAL FOR FOREST FIRES OR OTHER RISKS OF
INFRASTRUCTURE DAMAGE.
  (XIII) SUCH OTHER INFORMATION AS THE COMMISSION MAY DETERMINE BY REGU-
LATION IS APPROPRIATE.
  (XIV) IN A PUBLIC  UTILITY'S  SECOND  STATEMENT  AND  EACH  SUBSEQUENT
STATEMENT,  A  DESCRIPTION  OF HOW THE PUBLIC UTILITY'S UNDERSTANDING OF
CLIMATE CHANGE HAS EVOLVED SINCE THE PREVIOUS STATEMENT, AND A  DETAILED
LISTING  OF  THE OPERATING, MAINTENANCE, PLANNING, DESIGN, CONSTRUCTION,
AND EMERGENCY PREPARATION IMPROVEMENTS THE PUBLIC UTILITY HAS MADE BASED
ON ITS EVOLVED UNDERSTANDING OF CLIMATE CHANGE.
  (I) WITHIN THIRTY DAYS OF RECEIPT OF A PUBLIC UTILITY'S CLIMATE CHANGE
IMPACT STATEMENT THE COMMISSION SHALL PUBLISH THE STATEMENT IN THE STATE
REGISTER INITIATING A SIXTY DAY PUBLIC COMMENT PERIOD.
  (J) UPON COMPLETION OF THE PUBLIC  COMMENT  PERIOD  FOR  EACH  CLIMATE
CHANGE IMPACT STATEMENT, THE COMMISSION SHALL PREPARE AND ISSUE AN EVAL-
UATION  OF  THE  STATEMENT  BASED  ON  THE  INFORMATION AVAILABLE TO IT,
INCLUDING INFORMATION IN THE STATEMENT AND TAKING INTO CONSIDERATION THE
PUBLIC COMMENTS SUBMITTED TO THE DEPARTMENT, AND SHALL TAKE  SUCH  OTHER
ACTION  AS THE COMMISSION DEEMS APPROPRIATE. THE COMMISSION SHALL TRANS-
MIT ITS EVALUATION OF THE CLIMATE CHANGE IMPACT STATEMENT TO THE REPORT-
ING PUBLIC UTILITY AND MAKE SUCH  EVALUATION  AVAILABLE  TO  THE  PUBLIC
WITHIN THREE BUSINESS DAYS OF ISSUANCE.
  (K)  THE  COMMISSION SHALL DETERMINE THE SCHEDULING OF THE ISSUANCE OF
ITS EVALUATION OF A CLIMATE CHANGE IMPACT STATEMENT, BUT SHALL  COMPLETE
THE ISSUANCE OF EACH SUCH EVALUATION NO LATER THAN NINE MONTHS AFTER THE
END  OF  THE PUBLIC COMMENT PERIOD FOR THE SUBJECT CLIMATE CHANGE IMPACT
STATEMENT.

S. 7755                             5

  (L) NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW,  RULE  OR  REGULATION,
THE  COMMISSION SHALL HAVE THE POWER TO PRESCRIBE ADDITIONAL INFORMATION
TO BE SUBMITTED IN CLIMATE CHANGE IMPACT STATEMENTS, AND  MAY  PRESCRIBE
ADDITIONAL  REPORTING  REQUIREMENTS  INCLUDING  THE  FINANCIAL STATUS OR
OTHER CONDITION OF A PUBLIC UTILITY.
  (M)  THE  COMMISSION MAY WAIVE A PUBLIC UTILITY'S OBLIGATION TO FILE A
CLIMATE CHANGE IMPACT STATEMENT IN TWO THOUSAND  SEVENTEEN  PURSUANT  TO
PARAGRAPH (D) OF THIS SUBDIVISION IF THE COMMISSION DETERMINES, UPON THE
PUBLIC  UTILITY'S REQUEST, APPROPRIATE NOTICE TO THE LEGISLATURE AND THE
PUBLIC OF SUCH REQUEST AND A FORTY-FIVE-DAY PUBLIC COMMENT PERIOD,  THAT
THE  PUBLIC  UTILITY  IS SUBJECT TO A COMMISSION RATE ORDER ISSUED AFTER
TWO THOUSAND ELEVEN WHICH FOLLOWED A COMMISSION PROCEEDING IN WHICH  THE
PUBLIC UTILITY'S FORMAL RESPONSE TO CLIMATE CHANGE ISSUES WAS SUFFICIENT
TO  ENABLE THE COMMISSION TO MAKE A DETERMINATION THAT THE PUBLIC UTILI-
TY'S RESPONSE TO CLIMATE CHANGE FOR THE PERIOD ENDING  IN  TWO  THOUSAND
TWENTY-ONE  IS REASONABLY LIKELY TO ENABLE THE PUBLIC UTILITY TO PROVIDE
SAFE AND RELIABLE SERVICE AT JUST AND REASONABLE RATES.
  (N) THE COMMISSION MAY MODIFY  THE  CLIMATE  CHANGE  IMPACT  STATEMENT
FILING  REQUIREMENTS  SET FORTH IN THIS SUBDIVISION AS SUCH REQUIREMENTS
APPLY TO A GAS CORPORATION, ELECTRIC CORPORATION, THE LONG ISLAND  POWER
AUTHORITY  OR  THE  NEW YORK POWER AUTHORITY, UPON SUCH PUBLIC UTILITY'S
REQUEST AND SUBJECT TO APPROPRIATE NOTICE TO  THE  LEGISLATURE  AND  THE
PUBLIC  AND  A  FORTY-FIVE-DAY  PUBLIC COMMENT PERIOD, IF THE COMMISSION
FINDS THAT THE REQUIRED INFORMATION IS NOT RELEVANT TO THE PUBLIC UTILI-
TY'S SERVICE OR SERVICE TERRITORY, THE PUBLIC UTILITY'S ADOPTION OF  THE
FINDINGS  AND PRACTICES SET FORTH IN THE STATEMENT OF AN ADJACENT PUBLIC
UTILITY IS LIKELY TO ENABLE THE PUBLIC UTILITY TO RESPOND ADEQUATELY  TO
CLIMATE  CHANGE  WHILE  AVOIDING UNNECESSARY COST, OR THAT DEVELOPING OR
COLLECTING CERTAIN INFORMATION WOULD PRESENT AN UNDUE HARDSHIP  FOR  THE
PUBLIC  UTILITY.    A  PUBLIC UTILITY GRANTED A MODIFICATION PURSUANT TO
THIS PARAGRAPH SHALL, NOTWITHSTANDING  SUCH  MODIFICATION,  COMPLY  WITH
EVERY OTHER APPLICABLE REQUIREMENT IN THIS SUBDIVISION.
  S 4. Section 1020-f of the public authorities law, as added by chapter
517  of the laws of 1986, is amended by adding a new subdivision (ii) to
read as follows:
  (II) IN TWO THOUSAND SIXTEEN, AND EVERY FIFTH YEAR THEREAFTER,  ON  OR
BEFORE  THE FIRST DAY OF JUNE, THE LONG ISLAND POWER AUTHORITY, WITH THE
ASSISTANCE OF THE SERVICE PROVIDER OR PROVIDERS,  SHALL  SUBMIT  TO  THE
PUBLIC  SERVICE  COMMISSION AND TO THE COUNTY EXECUTIVE OR CHIEF ELECTED
OFFICIAL OF EACH COUNTY IN WHICH THE LONG ISLAND POWER  AUTHORITY  OPER-
ATES  A  CLIMATE  CHANGE  IMPACT  STATEMENT  PREPARED IN COMPLIANCE WITH
SUBDIVISION EIGHTEEN OF SECTION SIXTY-SIX OF THE PUBLIC SERVICE LAW. ALL
SUBSTANTIVE REQUIREMENTS AND PROCEDURES SET FORTH  IN  SUCH  SUBDIVISION
SHALL APPLY TO THE LONG ISLAND POWER AUTHORITY AND TO THE CLIMATE CHANGE
IMPACT STATEMENT SUBMITTED BY SUCH POWER AUTHORITY.
  S  5.  The opening paragraph of section 1014 of the public authorities
law is designated subdivision 1 and a new subdivision 2 is added to read
as follows:
  2. NOTWITHSTANDING ANY PROVISION OF LAW, INCLUDING SUBDIVISION ONE  OF
THIS  SECTION, TO THE CONTRARY, IN TWO THOUSAND SIXTEEN, AND EVERY FIFTH
YEAR THEREAFTER, ON OR BEFORE THE FIRST DAY OF JUNE, THE NEW YORK  POWER
AUTHORITY SHALL SUBMIT TO THE PUBLIC SERVICE COMMISSION AND TO THE COUN-
TY  EXECUTIVE  OR CHIEF ELECTED OFFICIAL OF EACH COUNTY IN WHICH THE NEW
YORK POWER AUTHORITY OPERATES A CLIMATE CHANGE IMPACT STATEMENT PREPARED
IN COMPLIANCE WITH SUBDIVISION EIGHTEEN  OF  SECTION  SIXTY-SIX  OF  THE
PUBLIC  SERVICE  LAW;  PROVIDED, HOWEVER, THAT FOR THE CITY OF NEW YORK,

S. 7755                             6

THE NEW YORK POWER AUTHORITY SHALL FILE A COPY OF  SUCH  STATEMENT  WITH
THE  EMERGENCY  MANAGEMENT OFFICE OF THE CITY OF NEW YORK.  ALL SUBSTAN-
TIVE REQUIREMENTS AND PROCEDURES SET FORTH  IN  SUCH  SUBDIVISION  SHALL
APPLY  TO  THE  CLIMATE  CHANGE IMPACT STATEMENT SUBMITTED BY SUCH POWER
AUTHORITY.
  S 6. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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