S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7262
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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

 S. 7262                             2
 
 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  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

 S. 7262                             3
 
 CONDITIONS FOR APPROVAL. THE COMMISSION SHALL ENSURE THAT  COMMENTS  ARE
 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.

 S. 7262                             4
 
   2.  TRANSMISSION  AND  DISTRIBUTION COMPANY PERFORMANCE BENCHMARKS AND
 STANDARDS.  (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS  SECTION,
 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

 S. 7262                             5
 
 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
 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

 S. 7262                             6
 
 MAJOR  STORMS CAUSED BY TREES AND LIMBS OUTSIDE THE CURRENT RIGHT OF WAY
 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.