S T A T E O F N E W Y O R K
________________________________________________________________________
10370
I N A S S E M B L Y
May 13, 2022
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cahill) --
read once and referred to the Committee on Energy
AN ACT to amend the public service law and the public authorities law,
in relation to requiring the public service commission and the Long
Island power authority to establish standards of acceptable perform-
ance for gas and electric corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 66 of the public service law is amended by adding a
new subdivision 2-b to read as follows:
2-B. HAVE POWER TO ESTABLISH STANDARDS OF ACCEPTABLE PERFORMANCE FOR
GAS CORPORATIONS AND ELECTRIC CORPORATIONS IN THE EVENT OF A POWER
OUTAGE AND SUBSEQUENT POWER RESTORATION.
(A) SUCH RULES AND REGULATIONS SHALL SET PERFORMANCE STANDARDS FOR THE
RESTORATION OF POWER BASED ON THE FORESEEABLE NATURE OF THE OUTAGE AND
THE NUMBER OF CUSTOMERS AFFECTED.
(B) AFTER AN INVESTIGATION AND HEARING HELD ON NOTICE AND UPON A FIND-
ING OF UNACCEPTABLE PERFORMANCE, THE COMMISSION SHALL IMPOSE A PENALTY
FOR EACH VIOLATION WHICH THE COMMISSION DEEMS JUST AND PROPER.
(C) SUCH PENALTIES SHALL INCLUDE BUT NOT BE LIMITED TO A CREDIT TO
EACH CUSTOMER OF THE AMOUNT OF MONEY CHARGED FOR ONE KILOWATT HOUR FOR
EACH KILOWATT HOUR OF SERVICE OUTAGE.
§ 2. Section 1020-f of the public authorities law is amended by adding
a new subdivision (jj) to read as follows:
(JJ) THE AUTHORITY AND ITS SERVICE PROVIDERS SHALL HAVE THE POWER TO
ESTABLISH STANDARDS OF ACCEPTABLE PERFORMANCE FOR GAS CORPORATIONS
AND ELECTRIC CORPORATIONS IN THE EVENT OF A POWER OUTAGE AND SUBSE-
QUENT POWER RESTORATION.
1. SUCH RULES AND REGULATIONS SHALL SET PERFORMANCE STANDARDS FOR THE
RESTORATION OF POWER BASED ON THE FORESEEABLE NATURE OF THE OUTAGE AND
THE NUMBER OF CUSTOMERS AFFECTED.
2. THE AUTHORITY MAY IMPOSE A PENALTY FOR EACH VIOLATION WHICH THE
AUTHORITY DEEMS JUST AND PROPER, FOLLOWING AN INVESTIGATION AND HEARING
HELD ON NOTICE AND UPON A FINDING OF UNACCEPTABLE PERFORMANCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07254-03-2
A. 10370 2
3. SUCH PENALTIES SHALL INCLUDE BUT NOT BE LIMITED TO A CREDIT TO
EACH CUSTOMER OF THE AMOUNT OF MONEY CHARGED FOR ONE KILOWATT HOUR FOR
EACH KILOWATT HOUR OF SERVICE OUTAGE.
§ 3. This act shall take effect immediately.