S T A T E   O F   N E W   Y O R K
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                                  3360--A
                                                         Cal. No. 170
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, OTIS, GALEF, VANEL, BARRON, JACOBSON,
   SANTABARBARA -- read once and referred  to  the  Committee  on  Corpo-
   rations,  Authorities  and Commissions -- reported and referred to the
   Committee on Codes -- advanced to a third reading, passed by  Assembly
   and  delivered to the Senate, recalled from the Senate, vote reconsid-
   ered, bill amended, ordered reprinted,  retaining  its  place  on  the
   order of third reading
 
 AN  ACT  to amend the public service law, in relation to storm hardening
   and system resiliency plans (Part A); and to amend the public  service
   law, in relation to providing rate payers with reimbursement following
   prolonged power outages (Part B)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Each component of this act is wholly  contained  within  a
 part  identified  parts  A and B. The effective date for each particular
 provision contained within such part is set forth in the last section of
 such part. Any provision in any section contained within a part, includ-
 ing the effective date of the part, which makes reference to  a  section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 part  in  which  it  is  found. Section three of this act sets forth the
 general effective date of this act.
 
                                  PART A
 
   Section 1. Legislative findings. 1. The Legislature hereby  finds  and
 declares  that,  due  to  the  rise  in  storm intensity, and effects of
 climate change, dedicated storm hardening programs need to be  developed
 and  implemented  throughout  New  York State to reduce damage and costs
 from future weather events, as well  as  facilitate  prompt  restoration
 times.  Storm hardening is the process of constructing new, or upgrading
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              
             
                          
                                       [ ] is old law to be omitted.
                                                            LBD08931-10-1
 A. 3360--A                          2
 
 old, infrastructure  to  increase  resiliency  and  overall  reliability
 during  weather  events.  In  2018,  Winter Storm Riley and Winter Storm
 Quinn greatly impacted New  York's  electric  distribution  system  with
 nearly  500,000  customers  losing power. In August 2020, Tropical Storm
 Isaias brought high winds, downed trees and widespread power outages  to
 much  of  the  state; hundreds of thousands of customers in Long Island,
 New York City, Westchester and Rockland counties  experienced  extensive
 power  outages,  some lasting for more than a week. Legislative hearings
 following these storms made  it  clear  that  enhanced  storm  hardening
 efforts  are  needed to mitigate some of the impacts to the distribution
 infrastructure and customers;
   2. It is in  the  state's  interest  to  strengthen  electric  utility
 infrastructure  to withstand extreme weather conditions, and the effects
 of climate change by promoting the hardening of electrical  transmission
 and  distribution  facilities,  the undergrounding of certain electrical
 distribution lines, and enhanced vegetation  management,  including  the
 removal of danger trees, as well as long term planning;
   3.  Protecting  and  strengthening transmission and distribution elec-
 trical utility infrastructure from extreme weather conditions,  and  the
 effect  of  climate change, can effectively reduce restoration costs and
 outage times to customers and improve overall  service  reliability  for
 customers;
   4. It is in the state's interest for each utility to mitigate restora-
 tion  costs and outage times to utility customers when developing trans-
 mission and distribution storm protection plans; and
   5. All customers benefit from the reduced costs of storm restoration.
   § 2. Section 66 of the public service law is amended by adding  a  new
 subdivision 29 to read as follows:
   29.  (A) EACH ELECTRIC CORPORATION SUBJECT TO SECTION TWENTY-FIVE-A OF
 THIS CHAPTER SHALL PREPARE AND SUBMIT  A  CLIMATE  CHANGE  VULNERABILITY
 STUDY  TO THE COMMISSION WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF
 THIS ACT. THE COMMISSION SHALL PROVIDE SUCH STUDY TO  THE  GOVERNOR  AND
 THE  LEGISLATURE.  THE CLIMATE CHANGE VULNERABILITY STUDY SHALL EVALUATE
 THE ELECTRIC CORPORATION'S INFRASTRUCTURE,  DESIGN  SPECIFICATIONS,  AND
 PROCEDURES  TO  BETTER  UNDERSTAND  THE  CORPORATION'S  VULNERABILITY TO
 CLIMATE-DRIVEN RISKS, AND SHALL INCLUDE, BUT NOT BE LIMITED TO,  ADAPTA-
 TION  MEASURES  TO  ADDRESS  VULNERABILITIES  AND  ANY OTHER INFORMATION
 DEEMED NECESSARY BY THE COMMISSION.
   (B) WITHIN SIXTY DAYS FROM SUBMISSION OF A CLIMATE CHANGE VULNERABILI-
 TY STUDY TO THE COMMISSION, EACH ELECTRIC CORPORATION SUBJECT TO SECTION
 TWENTY-FIVE-A OF THIS CHAPTER  SHALL,  PURSUANT  TO  REGULATION  BY  THE
 COMMISSION,  SUBMIT  A  CLIMATE  RESILIENCE  PLAN  TO THE COMMISSION FOR
 REVIEW AND APPROVAL.  EACH PLAN SHALL: (I) PROPOSE STORM  HARDENING  AND
 RESILIENCY  MEASURES  FOR THE NEXT TEN YEARS AND TWENTY YEARS, AND SHALL
 EXPLAIN THE SYSTEMATIC APPROACH THE CORPORATION WILL FOLLOW  TO  ACHIEVE
 THE  OBJECTIVES  OF  MITIGATING THE IMPACTS OF CLIMATE CHANGE TO UTILITY
 INFRASTRUCTURE, REDUCING RESTORATION COSTS AND OUTAGE  TIMES  ASSOCIATED
 WITH  EXTREME WEATHER EVENTS, AND ENHANCING RELIABILITY, AS WELL AS SUCH
 OTHER ADDITIONAL OBJECTIVES THE COMMISSION MAY REQUIRE  CONSISTENT  WITH
 ENSURING  INCREASED  RESILIENCY  OF  UTILITY  INFRASTRUCTURE AND OVERALL
 RELIABILITY DURING EXTREME WEATHER EVENTS; (II) DETAIL  HOW  THE  CORPO-
 RATION  WILL INCORPORATE CLIMATE CHANGE INTO ITS PLANNING, DESIGN, OPER-
 ATIONS, AND EMERGENCY RESPONSE; (III) INCORPORATE  CLIMATE  CHANGE  INTO
 EXISTING  PROCESSES AND PRACTICES, MANAGE CLIMATE CHANGE RISKS AND BUILD
 RESILIENCE; AND (IV) PROPOSE  ADJUSTMENTS,  AS  NECESSARY,  TO  HOW  THE
 CORPORATION  PLANS AND DESIGNS INFRASTRUCTURE FOR THE INCREASING IMPACTS
 A. 3360--A                          3
 
 FROM CLIMATE CHANGE.  THE COMMISSION SHALL ADOPT RULES  TO  SPECIFY  ANY
 ADDITIONAL  ELEMENTS THAT MUST BE INCLUDED IN A CORPORATION'S FILING FOR
 REVIEW OF CLIMATE RESILIENCE PLANS.
   (C)  EACH  SUBJECT  ELECTRIC CORPORATION SHALL CONTEMPORANEOUSLY SERVE
 THE CLIMATE RESILIENCE PLAN ON THE PARTIES FROM ITS LAST RATE CASE FILED
 PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION.
   (D) IN ITS REVIEW OF EACH CLIMATE RESILIENCE PLAN  FILED  PURSUANT  TO
 THIS SUBDIVISION, THE COMMISSION SHALL, AT MINIMUM, CONSIDER:
   (I)  THE  EXTENT TO WHICH THE PLAN IS EXPECTED TO MITIGATE THE IMPACTS
 OF CLIMATE CHANGE, REDUCE RESTORATION COSTS AND OUTAGE TIMES  ASSOCIATED
 WITH  EXTREME WEATHER EVENTS, AND ENHANCE RELIABILITY, INCLUDING WHETHER
 THE PLAN EXAMINES AREAS OF LOWER RELIABILITY PERFORMANCE;
   (II) THE EXTENT TO WHICH STORM  PROTECTION  AND  HARDENING  OF  TRANS-
 MISSION  AND  DISTRIBUTION  INFRASTRUCTURE  IS  FEASIBLE, REASONABLE, OR
 PRACTICAL IN CERTAIN  AREAS  OF  THE  CORPORATION'S  SERVICE  TERRITORY,
 INCLUDING,  BUT  NOT  LIMITED  TO, COASTAL AREAS, FLOOD ZONES, AND RURAL
 AREAS;
   (III) THE ESTIMATED COSTS AND BENEFITS  TO  THE  CORPORATION  AND  ITS
 CUSTOMERS  OF  MAKING  THE  IMPROVEMENTS PROPOSED IN THE PLAN, INCLUDING
 CONSIDERATIONS OF EQUITY IN  THE  PLAN  AS  APPLIED  ACROSS  THE  ENTIRE
 SERVICE TERRITORY, WITH PARTICULAR ATTENTION PAID TO THE COSTS AND BENE-
 FITS IN UNDERGROUNDING TRANSMISSION AND DISTRIBUTION LINES;
   (IV) THE TIMELINE FOR IMPLEMENTATION OF THE PLAN;
   (V)  WHETHER THE PLAN INCLUDES MAJOR PERFORMANCE BENCHMARKS THAT MEAS-
 URE THE EFFECTIVENESS OF THE IMPLEMENTATION OF THE PLAN;
   (VI) THE ESTIMATED ANNUAL RATE IMPACT RESULTING FROM IMPLEMENTATION OF
 THE PLAN DURING THE FIRST FIVE YEARS ADDRESSED IN THE PLAN;
   (VII) THE EXTENT TO WHICH THE PLAN CONSIDERS A MULTI-PRONGED  STRATEGY
 APPROPRIATELY  TAILORED  TO  ADDRESSING  THE  IMPACTS OF CLIMATE CHANGE,
 REDUCING RESTORATION COSTS AND OUTAGE TIMES AND ENHANCING INFRASTRUCTURE
 RELIABILITY, INCLUDING,  BUT  NOT  LIMITED  TO,  VEGETATION  MANAGEMENT,
 IMPROVEMENTS  TO SYSTEM MANAGEMENT PRACTICES, UNDERGROUNDING OF DISTRIB-
 UTION AND TRANSMISSION LINES, REPLACEMENT OF OBSOLETE CABLES, WIRES  AND
 POLES,  AUTOMATION AND CIRCUIT RECONFIGURATION, INVESTING IN INFRASTRUC-
 TURE THAT SUPPORTS THE DEVELOPMENT OF TECHNOLOGIES  THAT  WOULD  IMPROVE
 RESPONSE  TO  EXTREME  WEATHER  EVENTS AND REDUCE RESTORATION COSTS, AND
 SYSTEM  RESILIENCY  THROUGH  THE  DEPLOYMENT   OF   DISTRIBUTED   ENERGY
 RESOURCES, AND FORTIFYING CRITICAL FACILITIES;
   (VIII) THE EXTENT TO WHICH THE PLAN IDENTIFIES OPPORTUNITIES FOR COOR-
 DINATION  WITH MUNICIPALITIES, CUSTOMER ADVOCATE GROUPS, THE INDEPENDENT
 SYSTEM OPERATOR, THE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,  AND
 OTHER UTILITY OR TELECOMMUNICATION SERVICE PROVIDERS; AND,
   (IX)  THE  RECOMMENDATIONS FROM THE UTILITY CLIMATE RESILIENCE WORKING
 GROUP ESTABLISHED PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION.
   (E) NO LATER THAN ELEVEN MONTHS AFTER A CORPORATION  FILES  A  CLIMATE
 RESILIENCE  PLAN  THAT  CONTAINS  ALL  OF  THE ELEMENTS REQUIRED BY THIS
 SUBDIVISION, AND AFTER A PUBLIC HEARING ON THE PLAN, WHICH SHALL INCLUDE
 A PUBLIC FORUM AT A PHYSICAL LOCATION, ATTENDED BY COMMISSION MEMBERS OR
 THEIR DESIGNEES TO TAKE IN WRITTEN OR ORAL COMMENT, THE COMMISSION SHALL
 DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST TO APPROVE OR MODIFY  THE
 PLAN.
   (F)  AT  LEAST  EVERY  FIVE  YEARS  AFTER  APPROVAL OF A CORPORATION'S
 CLIMATE RESILIENCE PLAN, THE CORPORATION MUST FILE FOR COMMISSION REVIEW
 AN UPDATED PLAN THAT ADDRESSES  EACH  ELEMENT  SPECIFIED  BY  COMMISSION
 REGULATION.  THE  COMMISSION SHALL APPROVE, MODIFY, OR DENY EACH UPDATED
 PLAN PURSUANT TO THE CRITERIA USED TO REVIEW THE INITIAL PLAN.
 A. 3360--A                          4
 
   (G) EACH CORPORATION SHALL MAKE AN ANNUAL FILING TO RECOVER THE CORPO-
 RATION'S CLIMATE RESILIENCE PLAN COSTS THROUGH  A  CHARGE  SEPARATE  AND
 APART  FROM  ITS BASE RATES, TO BE REFERRED TO AS THE CLIMATE RESILIENCE
 PLAN COST RECOVERY CLAUSE. IF THE COMMISSION DETERMINES THAT SUCH  COSTS
 ARE  JUST  AND  REASONABLE,  IN  THE PUBLIC INTEREST, AND WERE PRUDENTLY
 INCURRED, THOSE COSTS WILL NOT BE SUBJECT  TO  DISALLOWANCE  OR  FURTHER
 REASONABLENESS  OR  PRUDENCE REVIEW EXCEPT FOR FRAUD, PERJURY, OR INTEN-
 TIONAL WITHHOLDING OF KEY INFORMATION BY  THE  CORPORATION,  OR  IF  THE
 COMMISSION  FINDS  THAT  THE CORPORATION HAS IMPRUDENTLY IMPLEMENTED THE
 PLAN. THE ANNUAL CLIMATE RESILIENCE PLAN COSTS  MAY  NOT  INCLUDE  COSTS
 RECOVERED  THROUGH THE CORPORATION'S BASE RATES AND MUST BE ALLOCATED TO
 CUSTOMER CLASSES PURSUANT TO THE RATE DESIGN MOST RECENTLY  APPROVED  BY
 THE  COMMISSION.    IF A CAPITAL EXPENDITURE IS RECOVERABLE AS A CLIMATE
 RESILIENCE PLAN COST, THE CORPORATION MAY RECOVER  THE  ANNUAL  DEPRECI-
 ATION  ON  THE  COST,  CALCULATED  AT THE CORPORATION'S CURRENT APPROVED
 DEPRECIATION RATES, AND A RETURN ON THE  UNDEPRECIATED  BALANCE  OF  THE
 COSTS  CALCULATED  AT THE CORPORATION'S WEIGHTED AVERAGE COST OF CAPITAL
 USING THE LAST APPROVED RETURN ON EQUITY.
   (H) EACH CORPORATION SHALL  ESTABLISH  A  UTILITY  CLIMATE  RESILIENCE
 WORKING  GROUP  NO  LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION. SUCH WORKING GROUP SHALL ADVISE AND MAKE RECOMMENDATIONS TO
 THE CORPORATION AND THE COMMISSION ON THE DEVELOPMENT AND IMPLEMENTATION
 OF THE CORPORATION'S CLIMATE RESILIENCE PLAN. THE WORKING GROUP SHALL BE
 COMPRISED OF REPRESENTATIVES FROM THE DEPARTMENT, AND  MUNICIPAL  REPRE-
 SENTATIVES, CUSTOMER ADVOCACY GROUPS, AND ENERGY AND ENVIRONMENTAL ADVO-
 CACY  ORGANIZATIONS. THE WORKING GROUP SHALL MEET AT LEAST TWICE ANNUAL-
 LY.
   (I) EACH CORPORATION SHALL PROVIDE TO  THE  COUNTY  EXECUTIVE  OR  THE
 CHIEF  ELECTED  OFFICIAL  OF A COUNTY FOR EACH COUNTY WITHIN ITS SERVICE
 TERRITORY THE MOST RECENT APPROVED COPY OF THE CLIMATE  RESILIENCE  PLAN
 REQUIRED  PURSUANT  TO THIS SUBDIVISION. FOR THE PURPOSES OF AN ELECTRIC
 CORPORATION OPERATING WITHIN THE CITY  OF  NEW  YORK,  SUCH  CORPORATION
 SHALL PROVIDE THE MOST RECENT APPROVED CLIMATE RESILIENCE PLAN WITH BOTH
 THE  MAYOR'S  OFFICE  AND EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW
 YORK.
   (J) THE COMMISSION SHALL PROVIDE ACCESS  TO  SUCH  CLIMATE  RESILIENCE
 PLANS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   (K)  BEGINNING DECEMBER FIRST OF THE YEAR AFTER THE FIRST FULL YEAR OF
 IMPLEMENTATION OF A CLIMATE RESILIENCE PLAN AND ANNUALLY THEREAFTER, THE
 COMMISSION SHALL SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A REPORT  ON
 THE STATUS OF EACH CORPORATION'S ACTIVITIES TO COMPLY WITH THE PLAN. THE
 REPORT SHALL INCLUDE, BUT IS NOT LIMITED TO, IDENTIFICATION OF ALL STORM
 PROTECTION   AND   RESILIENCY   ACTIVITIES   COMPLETED  OR  PLANNED  FOR
 COMPLETION, THE ACTUAL COSTS AND RATE IMPACTS ASSOCIATED WITH  COMPLETED
 ACTIVITIES AS COMPARED TO THE ESTIMATED COSTS AND RATE IMPACTS FOR THOSE
 ACTIVITIES,  THE ESTIMATED COSTS AND RATE IMPACTS ASSOCIATED WITH ACTIV-
 ITIES PLANNED FOR COMPLETION, AND THE GOVERNANCE, PLANNING,  AND  OPERA-
 TIONAL  ACTIVITIES  UNDERTAKEN  BY THE CORPORATION IN FURTHERANCE OF THE
 CLIMATE RESILIENCE PLAN.
   (L) THE COMMISSION SHALL PROMULGATE  ANY  NECESSARY  RULES  AND  REGU-
 LATIONS TO IMPLEMENT AND ADMINISTER THE PROVISIONS OF THIS SUBDIVISION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately, the promulgation of any rules
 or regulations by the Public Service Commission necessary for the imple-
 mentation of this act on its effective date are authorized  to  be  made
 and completed on or before such effective date.
 A. 3360--A                          5
                                  PART B
 
   Section  1.  The public service law is amended by adding a new section
 73 to read as follows:
   § 73. COMPENSATION  TO  CUSTOMERS  EXPERIENCING  WIDESPREAD  PROLONGED
 OUTAGES.  1.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IN THE EVENT
 THAT A RESIDENTIAL UTILITY CUSTOMER OR A SMALL BUSINESS CUSTOMER EXPERI-
 ENCES A WIDESPREAD PROLONGED OUTAGE LASTING AT LEAST SEVENTY-TWO CONSEC-
 UTIVE HOURS OR MORE WITHOUT HAVING BEEN RESOLVED BY THE UTILITY COMPANY,
 THE UTILITY COMPANY SHALL:
   (A) PROVIDE A CREDIT OF TWENTY-FIVE DOLLARS ON  THE  BALANCE  OF  SUCH
 RESIDENTIAL  UTILITY  CUSTOMER'S ACCOUNT FOR EACH SUBSEQUENT TWENTY-FOUR
 HOUR PERIOD OF SERVICE OUTAGE THAT OCCURS FOR SUCH  CUSTOMERS  FOR  MORE
 THAN  SEVENTY-TWO  CONSECUTIVE  HOURS AFTER THE OCCURRENCE OF SUCH WIDE-
 SPREAD PROLONGED OUTAGE.
   (B) PROVIDE REIMBURSEMENT OF ANY FOOD SPOILED DUE TO LACK OF REFRIGER-
 ATION.  RESIDENTIAL UTILITY CUSTOMERS SHALL PROVIDE THE UTILITY  COMPANY
 AN  ITEMIZED  LIST  OF ALL FOOD SPOILED OR PROOF OF LOSS OF FOOD SPOILED
 WITHIN FOURTEEN DAYS OF THE OUTAGE. THE UTILITY COMPANY SHALL  REIMBURSE
 THE  CUSTOMER  WITHIN THIRTY DAYS OF THE RECEIPT OF THE ITEMIZED LIST OR
 PROOF OF LOSS, PROVIDED,  HOWEVER,  THAT  IF  THE  UTILITY  COMPANY  HAS
 APPLIED FOR A WAIVER PURSUANT TO SUBDIVISION THREE OF THIS SECTION, SUCH
 UTILITY  COMPANY SHALL REIMBURSE THE CUSTOMER WITHIN A TIME PERIOD TO BE
 DETERMINED BY THE COMMISSION AFTER THE COMMISSION RENDERS A DECISION  ON
 THE  WAIVER  REQUEST. THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED A
 TOTAL OF TWO HUNDRED THIRTY-FIVE DOLLARS FOR CUSTOMERS  WHO  PROVIDE  AN
 ITEMIZED LIST. THE AMOUNT OF THE REIMBURSEMENT FOR CUSTOMERS WHO PROVIDE
 PROOF OF LOSS SHALL NOT EXCEED FIVE HUNDRED FORTY DOLLARS.
   (C)  PROVIDE  REIMBURSEMENT  OF PRESCRIPTION MEDICATION SPOILED DUE TO
 LACK OF REFRIGERATION. RESIDENTIAL UTILITY CUSTOMERS SHALL  PROVIDE  THE
 UTILITY  COMPANY WITH AN ITEMIZED LIST AND PROOF OF LOSS OF PRESCRIPTION
 MEDICATION DUE TO LACK OF REFRIGERATION  WITHIN  FOURTEEN  DAYS  OF  THE
 OUTAGE.  THE  UTILITY COMPANY SHALL REIMBURSE THE CUSTOMER WITHIN THIRTY
 DAYS OF  THE  RECEIPT  OF  THE  ITEMIZED  LIST  AND  PROOF  OF  LOSS  OF
 PRESCRIPTION  MEDICATION, PROVIDED, HOWEVER, THAT IF THE UTILITY COMPANY
 HAS APPLIED FOR A WAIVER PURSUANT TO SUBDIVISION THREE OF THIS  SECTION,
 SUCH  UTILITY  COMPANY SHALL REIMBURSE THE CUSTOMER WITHIN A TIME PERIOD
 TO BE DETERMINED BY THE COMMISSION AFTER THE COMMISSION RENDERS A  DECI-
 SION  ON THE WAIVER REQUEST. THE AMOUNT OF THE REIMBURSEMENT SHALL TOTAL
 NO MORE THAN THE ACTUAL LOSS OF PERISHABLE PRESCRIPTION MEDICINE.
   (D) PROVIDE REIMBURSEMENT TO SMALL BUSINESS  CUSTOMERS  FOR  ANY  FOOD
 SPOILED  DUE  TO  LACK  OF REFRIGERATION. SMALL BUSINESS CUSTOMERS SHALL
 PROVIDE THE UTILITY COMPANY WITH AN ITEMIZED LIST FOR ALL  FOOD  SPOILED
 AND PROOF OF LOSS WITHIN FOURTEEN DAYS OF THE OUTAGE. THE UTILITY COMPA-
 NY SHALL REIMBURSE THE SMALL BUSINESS CUSTOMER WITHIN THIRTY DAYS OF THE
 RECEIPT  OF THE ITEMIZED LIST AND PROOF OF LOSS, PROVIDED, HOWEVER, THAT
 IF THE UTILITY COMPANY HAS APPLIED FOR A WAIVER PURSUANT TO  SUBDIVISION
 THREE  OF  THIS  SECTION, SUCH UTILITY COMPANY SHALL REIMBURSE THE SMALL
 BUSINESS CUSTOMER WITHIN A TIME PERIOD TO BE DETERMINED BY  THE  COMMIS-
 SION  AFTER THE COMMISSION RENDERS A DECISION ON THE WAIVER REQUEST. THE
 AMOUNT OF THEIR IMBURSEMENT SHALL NOT EXCEED FIVE HUNDRED FORTY DOLLARS.
   2. ANY COSTS INCURRED BY A UTILITY COMPANY PURSUANT  TO  THIS  SECTION
 SHALL NOT BE RECOVERABLE FROM RATEPAYERS.
   3.  NOT  LATER  THAN  FOURTEEN CALENDAR DAYS AFTER THE OCCURRENCE OF A
 WIDESPREAD PROLONGED OUTAGE, A UTILITY COMPANY MAY PETITION THE  COMMIS-
 SION FOR A WAIVER OF THE REQUIREMENTS OF THIS SECTION. THE COMPANY SHALL
 A. 3360--A                          6
 
 HAVE  THE  BURDEN  OF  DEMONSTRATING  THAT  GRANTING THE WAIVER IS FAIR,
 REASONABLE AND IN THE PUBLIC INTEREST. IN DETERMINING WHETHER  TO  GRANT
 SUCH  WAIVER,  THE  COMMISSION  SHALL  CONSIDER: (A) WHETHER THE COMPANY
 COMPLIED  WITH  THEIR  SUBMITTED EMERGENCY RESPONSE PLAN PURSUANT TO THE
 PROVISIONS OF SUBDIVISION TWENTY-ONE OF SECTION SIXTY-SIX OF THIS  ARTI-
 CLE;  (B) WHETHER ANY ACTIONS OR OMISSIONS OF THE COMPANY CONTRIBUTED TO
 THE PROLONGING OF THE WIDESPREAD PROLONGED  OUTAGE;  (C)  THE  HARDSHIPS
 ENDURED  BY  SAID  COMPANY'S  CUSTOMERS  DUE TO THE WIDESPREAD PROLONGED
 OUTAGE; (D) THE SEVERITY OF THE WIDESPREAD PROLONGED OUTAGE; (E)  CONDI-
 TIONS  ON  THE  GROUND  DURING  THE  WIDESPREAD PROLONGED OUTAGE AND THE
 SUBSEQUENT RESTORATION; (F) BALANCING OF THE EQUITIES; AND (G) ANY OTHER
 CRITERIA THE COMMISSION DEEMS IN THE PUBLIC INTEREST  TO  CONSIDER.  THE
 COMMISSION  SHALL  ISSUE  A  FINAL  DECISION  REGARDING THE GRANT OF THE
 REQUESTED WAIVER NO LATER THAN FORTY-FIVE DAYS AFTER SUBMISSION  OF  THE
 PETITION.
   4.  THE  COMMISSION  SHALL PROMULGATE PROCEDURES, STANDARDS, METHODOL-
 OGIES AND RULES NECESSARY TO IMPLEMENT THE PROVISIONS OF  THIS  SECTION.
 SUCH  RULES AND REGULATIONS SHALL DEFINE THE TERMS "WIDESPREAD PROLONGED
 OUTAGE", "SMALL BUSINESS CUSTOMER" AND "PROOF OF LOSS".
   § 2. Severability. If any provision of this  act  or  the  application
 thereof  to  any  person,  corporation or circumstances is held invalid,
 such invalidity shall not affect other provisions or applications of the
 act which can be given effect without the invalid provision or  applica-
 tion,  and  to  this  end  the provisions of this act are declared to be
 severable.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of parts A through B of this act shall be
 as specifically set forth in the last section of such parts.