S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10987
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Pheffer Amato) -- read once and referred to the  Committee  on  Corpo-
   rations, Authorities and Commissions
 
 AN  ACT to amend the public service law, in relation to mandating budget
   expenditures by gas and electric corporations to improve power  outage
   response and to stormproof power lines

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 73 to read as follows:
   §  73.  MANDATORY BUDGET EXPENDITURES TO IMPROVE POWER OUTAGE RESPONSE
 AND TO STORMPROOF POWER LINES. 1. FOR THE YEAR TWO  THOUSAND  TWENTY-ONE
 AND  EVERY  YEAR  THEREAFTER,  EVERY GAS CORPORATION AND ELECTRIC CORPO-
 RATION IN THIS STATE SHALL DEDICATE AND USE FORTY PERCENT OF ITS OPERAT-
 ING BUDGET FOR THE PURPOSE OF IMPROVING SUCH CORPORATION'S  RESPONSE  TO
 POWER  OUTAGES  AND STORM RELATED DAMAGE. SUCH BUDGET EXPENDITURES SHALL
 BE USED SPECIFICALLY FOR: (A) INFRASTRUCTURE HARDENING; (B) STORM  RESI-
 LIENCE;  (C)  IMPROVING RESPONSE TIME TO POWER OUTAGES AND STORM RELATED
 DAMAGE, AND THE EFFECTIVENESS OF SUCH RESPONSE; (D) REMOVING POWER LINES
 FROM TREES; AND (E) REMOVING TREES AND TREE LIMBS  IN  THE  VICINITY  OF
 POWER  LINES.    THE  OBJECTIVE  OF SUCH BUDGET EXPENDITURES SHALL BE TO
 STORMPROOF POWER LINES THROUGHOUT THE STATE  TO  REDUCE  THE  NUMBER  OF
 POWER OUTAGES AND STORM RELATED DAMAGE IN THIS STATE.
   2.  ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-ONE AND ON OR BEFORE
 EVERY JULY FIRST, OCTOBER FIRST, JANUARY FIRST AND APRIL  FIRST,  THERE-
 AFTER,  EVERY  GAS  CORPORATION  AND  ELECTRIC CORPORATION IN THIS STATE
 SHALL FILE A REPORT WITH THE COMMISSION SETTING FORTH DOCUMENTATION,  AS
 DETERMINED BY THE COMMISSIONER, NECESSARY TO SUBSTANTIATE ITS COMPLIANCE
 WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   3.  ANY  APPLICATION  BY  A  GAS  CORPORATION  OR ELECTRIC CORPORATION
 SUBMITTED TO THE COMMISSION TO INCREASE ANY RATE CHARGED TO ITS  CUSTOM-
 ERS  SHALL  INCLUDE  DOCUMENTATION,  AS  DETERMINED BY THE COMMISSIONER,
 NECESSARY TO SUBSTANTIATE ITS COMPLIANCE WITH THE PROVISIONS OF SUBDIVI-
 SION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17113-01-0