S T A T E   O F   N E W   Y O R K
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                                   10140
 
                           I N  A S S E M B L Y
 
                              March 20, 2018
                                ___________
 
 Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT to amend the civil rights law and the executive law, in relation
   to prohibiting discrimination by  public  utility  companies;  and  to
   amend  the  public  service law, in relation to emergency planning and
   response

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 42 of the civil rights law, as amended by chapter
 292 of the laws of 1945, is amended to read as follows:
   § 42. Discrimination by utility companies. It shall  be  unlawful  for
 any  public  utility  company,  as defined in the public service law, to
 refuse to PROVIDE SERVICE TO OR employ any person in any capacity in the
 operation or maintenance of a public service  on  account  of  the  AGE,
 GENDER,  SEXUAL  ORIENTATION,  MILITARY,  VETERAN  OR  DISABLED  VETERAN
 STATUS, UNION MEMBERSHIP, race, creed, color or national origin of  such
 person.
   §  2.  Section  296  of  the  executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A PUBLIC UTIL-
 ITY COMPANY, AS DEFINED IN SECTION TWO OF THE  PUBLIC  SERVICE  LAW,  TO
 DISCRIMINATE  IN  THE  SETTING OF RATES OR SERVICES AGAINST ANY CLASS OF
 CUSTOMERS OR LOCALITY, OR FOR ANY PERSON TO VIOLATE SECTION FORTY-TWO OF
 THE CIVIL RIGHTS LAW.
   § 3. Paragraph (a) of subdivision 21  of  section  66  of  the  public
 service  law,  as added by section 4 of part X of chapter 57 of the laws
 of 2013, is amended to read as follows:
   (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 emer-
 gency response plan shall be designed for the reasonably prompt restora-
 tion  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14089-01-8

 A. 10140                            2
 
 beyond the control of the company. The  emergency  response  plan  shall
 include,  but need not be limited to, the following: (i) the identifica-
 tion of management staff responsible for company  operations  during  an
 emergency;  (ii)  a communications system with customers during an emer-
 gency that extends beyond normal business hours and business conditions;
 (iii) identification of and outreach plans to customers  who  had  docu-
 mented  their  need  for  essential  electricity for medical needs; (iv)
 identification of and outreach plans to  customers  who  had  documented
 their  need  for  essential electricity to provide critical telecommuni-
 cations, critical transportation, critical fuel distribution services or
 other large-load customers identified by the commission; (v) designation
 of company staff to communicate with  local  officials  and  appropriate
 regulatory  agencies;  (vi)  provisions  regarding  how the company will
 assure the safety of its employees and contractors; (vii) procedures for
 deploying company and mutual aid crews to work assignment areas;  (viii)
 identification  of  additional  supplies  and equipment needed during an
 emergency; (ix) the means of obtaining additional  supplies  and  equip-
 ment;  (x)  procedures  to  practice  the  emergency response plan; (xi)
 appropriate safety precautions regarding electrical  hazards,  including
 plans to promptly secure downed wires within thirty-six hours of notifi-
 cation  of  the location of such downed wires from a municipal emergency
 official; (XII) MEANS OF PROHIBITING UNLAWFUL DISCRIMINATION DURING  THE
 RESTORATION  OF SERVICE; (XIII) PROCEDURES TO BE FOLLOWED FOR ACCURATELY
 DETERMINING THE EXTENT OF A SERVICE OUTAGE, INCLUDING THE  DETERMINATION
 OF THE LOCATION OF AFFECTED AREAS, THE ESTIMATED NUMBER OF CUSTOMERS AND
 THE  OVERALL  NUMBER  OF  PEOPLE AFFECTED BY LOSS OF POWER OR BY VOLTAGE
 REDUCTIONS; (XIV) PROCEDURES FOR ESTIMATING THE TIME REQUIRED FOR RESTO-
 RATION OF SERVICE TO AREAS AFFECTED BY THE OUTAGE AND COMMUNICATING WITH
 MEDIA, LIFE SUPPORT AND OTHER SPECIAL NEEDS CUSTOMERS, PUBLIC OFFICIALS,
 MEDICAL AND CRITICAL CARE FACILITIES, AND THE PUBLIC; (XV) POLICIES  FOR
 INITIATING AND IMPLEMENTING LOAD RELIEF AND LOAD CONTROL PROGRAMS; (XVI)
 PROCEDURES FOR OBTAINING AND DISTRIBUTING DRY ICE, DRINKING WATER, EMER-
 GENCY MEALS AND OTHER ITEMS THAT MAY BECOME NECESSARY IN THE EVENT OF AN
 EXTENDED SERVICE OUTAGE; and [(xii)] (XVII) such other additional infor-
 mation 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  require-
 ments  consistent  with  ensuring  the  reasonably prompt restoration of
 service in the case of an emergency event.
   § 4. Paragraph (g) of subdivision 21  of  section  66  of  the  public
 service  law  is  relettered paragraph (k), and four new paragraphs (g),
 (h), (i) and (j) are added to read as follows:
   (G) EACH YEAR, ON OR BEFORE THE FIRST DAY OF APRIL OR  ON  SUCH  OTHER
 DATE  AS  THE  COMMISSION MAY PRESCRIBE, EACH ELECTRIC CORPORATION SHALL
 (I) FILE AN ELECTRIC UTILITY EMERGENCY PLAN INCLUDING  ANY  SUCH  AMEND-
 MENTS  AS IT DEEMS NECESSARY, OR AS THE COMMISSION MAY REQUIRE, TO MAIN-
 TAIN A HIGH LEVEL OF PREPAREDNESS, AND (II) CERTIFY IN A REPORT  TO  THE
 COMMISSION  THAT WITHIN THE PAST TWELVE MONTHS IT HAS PERIODICALLY VERI-
 FIED TELEPHONE AND OTHER APPROPRIATE CONTACTS, AND UPDATED ITS  LIST  OF
 INTERNAL AND EXTERNAL CONTACT PERSONS NECESSARY TO EXECUTE THE PLAN, AND
 HAS  CONDUCTED  ONE OR MORE EMERGENCY EXERCISES INVOLVING THE MANAGEMENT
 OF THE CORPORATION AND KEY COMPANY PERSONNEL ASSIGNED  SERVICE  RESTORA-
 TION  RESPONSIBILITIES. PRIOR TO APPROVING ANY SUCH PLAN, THE COMMISSION
 SHALL SEEK COMMENTS FROM INTERESTED STATE AND LOCAL AGENCIES AND MEMBERS
 OF THE PUBLIC, AND MAY  REQUIRE  MODIFICATIONS  OR  OTHERWISE  PRESCRIBE
 CONDITIONS  FOR  APPROVAL. THE COMMISSION SHALL ENSURE THAT COMMENTS ARE

 A. 10140                            3
 
 SOLICITED FROM THE STATE OFFICE OF EMERGENCY MANAGEMENT, THE DIVISION OF
 HOMELAND SECURITY AND EMERGENCY SERVICES AND OTHER APPROPRIATE STATE AND
 LOCAL AGENCIES, AND FROM ORGANIZATIONS THAT PROVIDE  EMERGENCY  SHELTER,
 WARMING/COOLING  STATIONS  AND  OTHER  RELIEF  EFFORTS.  AS  PART OF ITS
 REVIEW, THE COMMISSION SHALL REVIEW THE ADEQUACY  OF  ANY  POLICIES  FOR
 REIMBURSING  CUSTOMERS  FOR  LOSSES DUE TO OUTAGES OR INADVERTENT INTEN-
 TIONAL SHUTOFFS OF ELECTRICITY. SUCH REVIEW SHALL INCLUDE  CONSIDERATION
 OF THE APPROPRIATENESS OF ANY POLICY OF PROVIDING FOR, LIMITING OR DENY-
 ING  REIMBURSEMENT  FOR  DAMAGES TO ELECTRICAL EQUIPMENT OR OTHER LOSSES
 ATTRIBUTABLE TO THE FAILURE TO DELIVER  ELECTRICITY  OR  TO  SIGNIFICANT
 REDUCTIONS  IN  THE  VOLTAGE OF ELECTRICITY DELIVERED, INCLUDING LOSS OF
 BUSINESS OPPORTUNITIES AND THE APPROPRIATENESS OF ANY DURATION STANDARDS
 IN SUCH POLICIES. SUCH REVIEW SHALL ALSO INCLUDE THE SUFFICIENCY OF  ANY
 MONETARY LIMITS IN SUCH POLICIES.
   (H)  WITHIN  SIXTY DAYS FOLLOWING COMPLETION OF SERVICE RESTORATION IN
 AN EMERGENCY WHERE THE RESTORATION  PERIOD  EXCEEDS  FORTY-EIGHT  HOURS,
 EACH ELECTRIC CORPORATION SHALL SUBMIT TO THE COMMISSION A REVIEW OF ALL
 ASPECTS  OF ITS PREPARATION AND SYSTEM RESTORATION PERFORMANCE. BASED ON
 THIS REVIEW OR UPON ITS OWN ASSESSMENT  OF  THE  ELECTRIC  CORPORATION'S
 PERFORMANCE  IN  RESPONDING  TO SUCH EMERGENCY, THE COMMISSION MAY IMME-
 DIATELY ORDER ANY MODIFICATIONS OR CONDITIONS TO THE CORPORATION'S EMER-
 GENCY PLAN THAT IT DEEMS NECESSARY TO ENSURE A HIGH LEVEL  OF  PREPARED-
 NESS.
   (I) THE NAMES AND CONTACT INFORMATION OF EMPLOYEES AND OUTSIDE CONTACT
 PERSONS  MAY  BE  DELETED  FROM  COPIES OF THE PLAN AVAILABLE FOR PUBLIC
 INSPECTION, BUT SUCH DELETED INFORMATION SHALL BE SUBJECT TO  INSPECTION
 BY  THE  COMMISSION  AND  STATE  EMPLOYEES.  AN ELECTRIC CORPORATION MAY
 REQUEST THAT THE COMMISSION DESIGNATE AS CONFIDENTIAL INTERNAL  SECURITY
 MATTERS  AND ANY OTHER INFORMATION REQUIRED TO BE SUBMITTED IN EMERGENCY
 PLANS. SUCH REQUESTS SHALL IDENTIFY THE SPECIFIC  INFORMATION  REQUESTED
 TO  BE  TREATED AS CONFIDENTIAL AND SHALL EXPLAIN WHY CONFIDENTIALITY IS
 SOUGHT. UNLESS THE COMMISSION DIRECTS OTHERWISE, SUCH INFORMATION  SHALL
 NOT BE INCLUDED IN THE PLANS AVAILABLE FOR PUBLIC INSPECTION.
   (J)  THE  COMMISSION SHALL ENCOURAGE ELECTRIC CORPORATIONS TO IDENTIFY
 AND DISSEMINATE BEST PRACTICES IN EMERGENCY PLANNING  AND  RESPONSE.  IN
 ADDITION  TO  OVERSEEING  DISSEMINATION  OF BEST PRACTICES ON AN ONGOING
 BASIS, THE COMMISSION SHALL  BE  AUTHORIZED  TO  INITIATE  A  STATEWIDE,
 COLLABORATIVE EMERGENCY PREPAREDNESS AND STORM MANAGEMENT PLANNING PROC-
 ESS  INVOLVING  ALL  ELECTRIC  CORPORATIONS AND OTHER INVOLVED ORGANIZA-
 TIONS.
   § 5. The public service law is amended by adding a new section 66-p to
 read as follows:
   § 66-P. UTILITY PREPAREDNESS FOR OUTAGES AND DISRUPTIONS  OF  SERVICE.
 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "ELECTRIC  TRANSMISSION  AND DISTRIBUTION COMPANY", "TRANSMISSION
 AND DISTRIBUTION COMPANY" OR "COMPANY" MEANS AN  INVESTOR-OWNED  UTILITY
 COMPANY  HAVING ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS
 THAT TRANSMITS AND DISTRIBUTES ELECTRICITY WITHIN THIS STATE.
   (B) "VEGETATION MANAGEMENT" MEANS PROGRAMS AND PRACTICES  DESIGNED  TO
 PREVENT ELECTRIC SYSTEM DISRUPTIONS OR POWER OUTAGES CAUSED BY THE PHYS-
 ICAL  INTERFERENCE  OR  COLLAPSE OF TREES, TREE BRANCHES AND OTHER VEGE-
 TATION ON ELECTRIC TRANSMISSION AND DISTRIBUTION LINES.
   (C) "UNLAWFUL DISCRIMINATION" MEANS ANY VIOLATION OF SECTION FORTY-TWO
 OF THE CIVIL RIGHTS LAW.
   2. TRANSMISSION AND DISTRIBUTION COMPANY  PERFORMANCE  BENCHMARKS  AND
 STANDARDS.    (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,

 A. 10140                            4

 THE COMMISSION SHALL ESTABLISH, AND EACH TRANSMISSION  AND  DISTRIBUTION
 COMPANY  SHALL COMPLY WITH, POWER RESTORATION PERFORMANCE BENCHMARKS AND
 STANDARDS TO REDUCE THE DURATION OF  OUTAGES  AND  DISRUPTIONS,  AND  TO
 FACILITATE  RESTORATION  OF POWER AFTER OUTAGES OR DISRUPTIONS. PRIOR TO
 ESTABLISHING SUCH BENCHMARKS AND STANDARDS, THE COMMISSION  MAY  REQUIRE
 COMPANIES  TO  SUBMIT  DOCUMENTS  AND  ANY  OTHER  INFORMATION  IN THEIR
 POSSESSION IN ORDER TO ASSIST THE COMMISSION IN ESTABLISHING SUCH BENCH-
 MARKS AND STANDARDS.
   (B) THE BENCHMARKS AND STANDARDS ESTABLISHED BY THE  COMMISSION  SHALL
 BE DESIGNED FOR POWER OUTAGES IN WHICH MORE THAN TEN PERCENT OF A TRANS-
 MISSION  AND DISTRIBUTION COMPANY'S CUSTOMERS ARE WITHOUT POWER FOR MORE
 THAN FORTY-EIGHT CONSECUTIVE HOURS, OR FORTY-EIGHT AGGREGATE HOURS WITH-
 IN ANY FOURTEEN DAY PERIOD, AND SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 STANDARDS FOR:
   (I)  MINIMUM  STAFFING AND EQUIPMENT LEVELS FOR EACH COMPANY, BASED ON
 THE NUMBER OF CUSTOMERS SERVED BY SUCH COMPANY AND  THE  NATURE  OF  THE
 INFRASTRUCTURE  DEPLOYED  TO SERVE SUCH COMPANY'S CUSTOMERS IN THE EVENT
 OF AN EMERGING OR WIDE-SPREAD OUTAGE OR DISRUPTION;
   (II) A TIMETABLE FOR RESTORATION OF POWER IN  OUTAGES  AFFECTING  MORE
 THAN  TEN  PERCENT, THIRTY PERCENT, FIFTY PERCENT AND SEVENTY PERCENT OF
 SUCH COMPANY'S CUSTOMERS;
   (III) A TIMETABLE FOR RESTORATION OF POWER WHEN  OUTAGES  ARE  DUE  TO
 BLACKOUTS OF THE ENTIRE GRID;
   (IV)  CREATION  OF  A  COMMUNICATION PLAN BETWEEN EACH COMPANY AND ITS
 CUSTOMERS, INCLUDING, BUT NOT  LIMITED  TO,  COMMUNICATION  DURING  TIME
 PERIODS THAT ARE NOT CONSIDERED NORMAL BUSINESS HOURS;
   (V)  THE  SAFETY  OF  THE  COMPANY'S EMPLOYEES, WORK CREWS AND PRIVATE
 CONTRACTORS;
   (VI) CREATION OF MUTUAL AID AGREEMENTS WITH  OTHER  UTILITIES  IN  THE
 REGION AND, AS NEEDED, IN THE UNITED STATES AND CANADA, FOR MUTUAL STORM
 RESTORATION  ASSISTANCE,  WHICH  SUCH AGREEMENTS SHALL BE FILED WITH THE
 COMMISSION;
   (VII) NOTIFICATION TO THE COMMISSION AND THE PUBLIC WHEN A COMPANY HAS
 REQUESTED AID FOR STORM  RESTORATION  ASSISTANCE  FROM  OTHER  UTILITIES
 INCLUDING  THE NUMBER OF WORKERS AND/OR ADDITIONAL EQUIPMENT THE COMPANY
 HAS REQUESTED;
   (VIII) COMMUNICATION AND COORDINATION BETWEEN  EACH  COMPANY  AND  THE
 RELEVANT  STATE,  MUNICIPAL AND/OR EMERGENCY OPERATIONS CENTER OFFICIALS
 CONCERNING EMERGENCY PREPARATION, ROAD CLEARING AND THE ESTABLISHMENT OF
 RESTORATION PRIORITIES;
   (IX) TREE TRIMMING, CUTTING  AND  REMOVAL  BY  EACH  TRANSMISSION  AND
 DISTRIBUTION COMPANY TO REDUCE POWER OUTAGES CAUSED BY TREES AND LIMBS;
   (X)  COMMUNICATION AND COORDINATION, AFTER CONSULTATION WITH THE DIVI-
 SION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  BETWEEN  EACH  TRANS-
 MISSION  AND  DISTRIBUTION  COMPANY  AND  THE  PUBLIC INCLUDING, BUT NOT
 LIMITED TO, STANDARDS CONCERNING THE USE OF ANY  EMERGENCY  NOTIFICATION
 SYSTEM  TO  NOTIFY  THE  PUBLIC  OF THE POWER RESTORATION STATUS AND ANY
 DANGEROUS CONDITIONS, INCLUDING  NOTIFICATION  METHODS  SUCH  AS  MOBILE
 TELEPHONE  TEXT  MESSAGES,  ELECTRONIC  MAIL AND ANY OTHER ELECTRONIC OR
 NON-ELECTRONIC MEANS THAT THE COMMISSION MAY REQUIRE;
   (XI) REIMBURSEMENT TO RESIDENTIAL CUSTOMERS FOR:
   (A) ACTUAL LOSSES OF FOOD SPOILED DUE TO LACK OF REFRIGERATION  CAUSED
 DURING A POWER OUTAGE LASTING FORTY-EIGHT OR MORE CONSECUTIVE HOURS WHEN
 GREATER  THAN TEN PERCENT OF A COMPANY'S RESIDENTIAL CUSTOMERS HAVE LOST
 POWER, IN AN AMOUNT UP TO TWO HUNDRED  DOLLARS  UPON  SUBMISSION  OF  AN
 ITEMIZED  LIST AND IN AN AMOUNT OVER TWO HUNDRED DOLLARS UPON SUBMISSION

 A. 10140                            5

 OF AN ITEMIZED LIST AND PROOF OF LOSS, UP TO A MAXIMUM OF  FOUR  HUNDRED
 FIFTY  DOLLARS  FOR  ANY  ONE  CUSTOMER FOR ANY ONE INCIDENT, WHICH SUCH
 AMOUNTS MAY BE PERIODICALLY REVIEWED AND CHANGED BY THE COMMISSION; AND
   (B)  ACTUAL LOSSES OF PERISHABLE PRESCRIPTION MEDICINE, SPOILED DUE TO
 LACK OF REFRIGERATION, UPON SUBMISSION OF AN ITEMIZED LIST AND PROOF  OF
 LOSS  AND,  IF  REQUESTED BY THE COMPANY, SUBMISSION OF AUTHORIZATION TO
 ENABLE THE COMPANY TO VERIFY THE CLAIMED LOSS;
   (XII) TIMELY NOTIFICATION OF POWER OUTAGES AND RESTORATION EFFORTS  BY
 EACH  COMPANY  TO  ANY  RELEVANT  STATE OR MUNICIPAL AGENCY OR OFFICIALS
 INCLUDING, BUT NOT LIMITED TO, ANY PUBLIC SAFETY AGENCY OR OFFICIALS;
   (XIII) THE OPERATION OF AN EMERGENCY CALL CENTER BY EACH COMPANY;
   (XIV) THE MEANS  OF  PREVENTING  UNLAWFUL  DISCRIMINATION  DURING  THE
 RESTORATION OF SERVICE; AND
   (XV) ANY OTHER STANDARDS THE COMMISSION DEEMS NECESSARY.
   (C)  THE  COMMISSION,  IN DEVELOPING ITS POWER RESTORATION PERFORMANCE
 BENCHMARKS AND STANDARDS PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,
 SHALL REVIEW:
   (I)  EACH  TRANSMISSION  AND  DISTRIBUTION COMPANY'S CURRENT PRACTICES
 CONCERNING POWER RESTORATION  AFTER  AN  EMERGENCY.  SUCH  REVIEW  SHALL
 INCLUDE,  BUT NOT BE LIMITED TO, AN ANALYSIS OF EACH SUCH COMPANY'S: (A)
 ESTIMATES CONCERNING POTENTIAL DAMAGE AND POWER DISRUPTIONS  MADE  PRIOR
 TO  A  POTENTIAL  OUTAGE  AFFECTING MORE THAN TEN PERCENT OF A COMPANY'S
 CUSTOMERS FOR A PERIOD OF MORE THAN FORTY-EIGHT  CONSECUTIVE  HOURS,  OR
 FORTY-EIGHT  AGGREGATE  HOURS WITHIN ANY FOURTEEN DAY PERIOD; (B) DAMAGE
 AND POWER  OUTAGE  ASSESSMENTS  AFTER  ANY  EMERGENCY;  (C)  RESTORATION
 MANAGEMENT  AFTER  ANY EMERGENCY, INCLUDING ACCESS TO ALTERNATE RESTORA-
 TION RESOURCES VIA MUTUAL AID AGREEMENTS WITH OTHER UTILITIES FOR MUTUAL
 STORM RESTORATION ASSISTANCE, INCLUDING THOSE ENTERED  INTO  WITH  OTHER
 TRANSMISSION  AND  DISTRIBUTION  COMPANIES;  (D) EACH COMPANY'S PLAN FOR
 AT-RISK AND VULNERABLE CUSTOMERS INCLUDING, BUT NOT LIMITED TO,  CUSTOM-
 ERS IDENTIFIED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION
 THIRTY-TWO  OF  THIS CHAPTER; (E) POLICIES CONCERNING COMMUNICATION WITH
 STATE AND LOCAL  OFFICIALS  AND  CUSTOMERS,  INCLUDING  NOTIFICATION  OF
 CUSTOMER  RESTORATION ESTIMATES AND THE TIMELINESS, ACCURACY AND USEFUL-
 NESS OF SUCH ESTIMATES; AND (F) THE NEED FOR MUTUAL AID AGREEMENTS  WITH
 OTHER  UTILITIES  FOR MUTUAL STORM RESTORATION INCLUDING ASSISTANCE FROM
 CREWS SERVING OTHER UTILITIES OR COMPANIES;
   (II) THE ADEQUACY OF  EACH  TRANSMISSION  AND  DISTRIBUTION  COMPANY'S
 INFRASTRUCTURE,  FACILITIES AND EQUIPMENT INCLUDING, BUT NOT LIMITED TO,
 ELECTRIC DISTRIBUTION LINES, ELECTRIC TRANSFORMERS AND  CIRCUITS,  WHICH
 SHALL  INCLUDE  AN  ANALYSIS  OF:  (A) WHETHER SUCH COMPANY IS FOLLOWING
 STANDARD INDUSTRY  PRACTICES  FOR  OPERATION  AND  MAINTENANCE  OF  SUCH
 INFRASTRUCTURE,  FACILITIES  AND EQUIPMENT; AND (B) WHETHER SUCH COMPANY
 HAS ACCESS TO ADEQUATE REPLACEMENT EQUIPMENT  FOR  SUCH  INFRASTRUCTURE,
 FACILITIES  AND  EQUIPMENT DURING THE COURSE OF A POWER OUTAGE AFFECTING
 MORE THAN TEN PERCENT OF A COMPANY'S CUSTOMERS FOR MORE THAN FORTY-EIGHT
 CONSECUTIVE HOURS, OR FORTY-EIGHT AGGREGATE HOURS  WITHIN  ANY  FOURTEEN
 DAY PERIOD;
   (III) VEGETATION MANAGEMENT POLICIES OF EACH TRANSMISSION AND DISTRIB-
 UTION  COMPANY  INCLUDING:  (A) EXPENDITURES FOR TREE TRIMMING AND OTHER
 PRACTICES TO PREVENT INTERFERENCE OF TRANSMISSION AND DISTRIBUTION LINES
 BY VEGETATION; (B) INCIDENCE  OF  POWER  OUTAGES  CAUSED  BY  VEGETATION
 INCLUDING  FALLING  TREES  AND  TREE BRANCHES CAUSED BY WEATHER OR OTHER
 EVENTS; AND (C) THE AMOUNT AND DURATION OF POWER OUTAGES DURING PREVIOUS
 MAJOR STORMS CAUSED BY TREES AND LIMBS OUTSIDE THE CURRENT RIGHT OF  WAY

 A. 10140                            6
 
 MANAGEMENT WITH CONSIDERATION GIVEN TO THE QUANTITY AND EFFECTIVENESS OF
 PRIOR TREE TRIMMING;
   (IV)  THE IMPACT INCLUDING, BUT NOT LIMITED TO, POTENTIAL REDUCTION OF
 POWER OUTAGES AND POTENTIAL COST OF BURYING POWER LINES UNDERGROUND WERE
 SUCH EFFORT TO BE UNDERTAKEN;
   (V) THE IMPACT OF EXPANDING THE AREA ADJACENT  TO  DISTRIBUTION  LINES
 FOR TREE TRIMMING INCLUDING AN ANALYSIS OF THE BENEFITS AND THE COSTS OF
 SUCH  EXPANSION  TO  RATEPAYERS  AND  THE LIKELIHOOD THAT SUCH EXPANSION
 WOULD DECREASE DAMAGE TO INFRASTRUCTURE, FACILITIES AND  EQUIPMENT  USED
 TO  DISTRIBUTE  ELECTRICITY AND DECREASE POWER OUTAGE FREQUENCY OR DURA-
 TION; AND
   (VI) ANY OTHER POLICY OR PRACTICE THE COMMISSION  DEEMS  NECESSARY  TO
 ANALYZE  IN  ORDER TO CONDUCT THE REVIEW REQUIRED PURSUANT TO THIS PARA-
 GRAPH.
   (D) THE COMMISSION SHALL PERMIT EACH COMPANY TO RECOVER THE REASONABLE
 COSTS INCURRED BY SUCH COMPANY TO MAINTAIN OR IMPROVE THE RELIABILITY OF
 SUCH COMPANY'S INFRASTRUCTURE NECESSARY TO  MEET  THE  STANDARDS  ESTAB-
 LISHED PURSUANT TO THIS SECTION.
   (E)  THE  COMMISSION  MAY  ALSO  ESTABLISH  STANDARDS  FOR  ACCEPTABLE
 PERFORMANCE BY EACH TRANSMISSION AND DISTRIBUTION COMPANY IN AN EMERGEN-
 CY, IN ACCORDANCE WITH THIS SECTION, UPON A DETERMINATION BY THE COMMIS-
 SION THAT THE CHANGED CIRCUMSTANCES OF ANY UTILITY COMPANY  NECESSITATES
 SUCH ADDITIONAL STANDARDS.
   (F)  WITHIN ONE YEAR FOLLOWING THE ESTABLISHMENT OF THE BENCHMARKS AND
 STANDARDS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION  AND  EACH  YEAR
 THEREAFTER,  EACH TRANSMISSION AND DISTRIBUTION COMPANY SHALL PROVIDE AN
 EMERGENCY RESPONSE REPORT TO THE COMMISSION. SUCH REPORT  SHALL  INCLUDE
 INFORMATION  AND  AN  ANALYSIS  CONCERNING  SUCH  COMPANY'S  ABILITY AND
 PERFORMANCE DURING THE PRECEDING YEAR TO MEET THE EMERGENCY PREPAREDNESS
 AND RESPONSE STANDARDS ESTABLISHED BY THE COMMISSION  PURSUANT  TO  THIS
 SECTION.  IN  ADDITION  TO  THE  ANNUAL RESPONSE REPORT REQUIRED IN THIS
 PARAGRAPH, THE COMMISSION MAY REQUIRE ANY UTILITY TO  SUBMIT  A  SUPPLE-
 MENTAL  EMERGENCY  RESPONSE  REPORT  AFTER ANY STORM, EMERGENCY OR EVENT
 CAUSING SIGNIFICANT POWER DISRUPTIONS.
   3. THE COMMISSION SHALL REVIEW THE PERFORMANCE  OF  EACH  TRANSMISSION
 AND DISTRIBUTION COMPANY AFTER ANY EMERGENCY: (A) IN WHICH MORE THAN TEN
 PERCENT OF ANY SUCH COMPANY'S CUSTOMERS WERE WITHOUT POWER FOR MORE THAN
 FORTY-EIGHT CONSECUTIVE HOURS, OR FORTY-EIGHT AGGREGATE HOURS WITHIN ANY
 FOURTEEN  DAY PERIOD; OR (B) AT THE COMMISSION'S DISCRETION. THE COMMIS-
 SION, UPON A FINDING, AFTER A HEARING OR OPPORTUNITY TO BE  HEARD,  THAT
 ANY SUCH COMPANY FAILED TO COMPLY WITH ANY RESTORATION STANDARD REQUIRED
 BY  THIS  SECTION  OR  ANY  ORDER OF THE COMMISSION IN PREPARATION FOR A
 POWER OUTAGE, OR IN RESTORATION OF A POWER OUTAGE,  SHALL  IMPOSE  CIVIL
 PENALTIES  AGAINST  SUCH  COMPANY, NOT TO EXCEED A TOTAL OF TWO AND ONE-
 HALF PERCENT OF SUCH  COMPANY'S  GROSS  ANNUAL  REVENUES  FROM  ELECTRIC
 DISTRIBUTION.  IN  DETERMINING THE AMOUNT OF ANY PENALTY, THE COMMISSION
 MAY CONSIDER WHETHER SUCH COMPANY RECOVERED COSTS INCURRED  PURSUANT  TO
 PARAGRAPH  (D) OF SUBDIVISION TWO OF THIS SECTION TO MEET INFRASTRUCTURE
 RELIABILITY EFFORTS TO IMPROVE  SUCH  COMPANY'S  PERFORMANCE.  ANY  SUCH
 PENALTY  IMPOSED  SHALL  BE  PAID TO THE CUSTOMERS OR RATEPAYERS OF SUCH
 COMPANY IN THE FORM OF A CREDIT, WHICH  SHALL  BE  CREDITED  WITHIN  ONE
 HUNDRED  TWENTY  DAYS  OF  SUCH  ORDER.  ANY  SUCH  PENALTY SHALL NOT BE
 INCLUDED AS AN OPERATING EXPENSE OF SUCH COMPANY  FOR  THE  PURPOSES  OF
 RATEMAKING.
   § 6. This act shall take effect immediately.