Senate Bill S138

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    138
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, COMRIE, FELDER, HARCKHAM, HOYLMAN, KAPLAN,
   KRUEGER -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Energy and Telecommunications
 
 AN  ACT  to  amend  the public service law, in relation to expanding the
   types of entities required to prepare and submit an emergency response
   plan
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 94 of the public service law is amended by adding a
 new subdivision 5 to read as follows:
   5.  (A) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL ANNUALLY, ON OR
 BEFORE  DECEMBER  FIFTEENTH,  SUBMIT  TO  THE  COMMISSION  AN  EMERGENCY
 RESPONSE  PLAN  FOR  REVIEW  AND APPROVAL.   THE EMERGENCY RESPONSE PLAN
 SHALL BE DESIGNED FOR THE REASONABLY PROMPT RESTORATION  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 TERRI-
 TORY  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 IDENTIFICATION OF MANAGEMENT STAFF
 RESPONSIBLE FOR COMPANY OPERATIONS DURING AN EMERGENCY; (II) A  COMMUNI-
 CATIONS  SYSTEM  WITH  CUSTOMERS DURING AN EMERGENCY THAT EXTENDS BEYOND
 NORMAL BUSINESS HOURS AND  BUSINESS  CONDITIONS;  (III)  DESIGNATION  OF
 COMPANY  STAFF TO COMMUNICATE WITH LOCAL OFFICIALS AND APPROPRIATE REGU-
 LATORY AGENCIES; (IV) PROVISIONS REGARDING HOW THE COMPANY  WILL  ASSURE
 THE  SAFETY OF ITS EMPLOYEES AND CONTRACTORS; (V) PROCEDURES FOR DEPLOY-
 ING PERSONNEL CREWS TO WORK ASSIGNMENT  AREAS;  (VI)  IDENTIFICATION  OF
 ADDITIONAL  SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY; (VII) THE
 MEANS OF OBTAINING ADDITIONAL SUPPLIES AND EQUIPMENT; (VIII)  PROCEDURES
 TO  PRACTICE THE EMERGENCY RESPONSE PLAN; AND (IX) SUCH OTHER ADDITIONAL
 INFORMATION AS THE COMMISSION MAY REQUIRE. EACH SUCH CORPORATION  SHALL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02685-01-1

 S. 138                              2
 
 ON AN ANNUAL BASIS, UNDERTAKE DRILLS IMPLEMENTING PROCEDURES TO PRACTICE
 ITS  EMERGENCY  MANAGEMENT  PLAN.  THE  COMMISSION  MAY ADOPT ADDITIONAL
 REQUIREMENTS CONSISTENT WITH ENSURING THE REASONABLY PROMPT  RESTORATION
 OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
   (B)  AFTER  REVIEW  OF  A  CORPORATION'S  EMERGENCY RESPONSE PLAN, THE
 COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN.  THE  COMMIS-
 SION  MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
 MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN  EMERGENCY  EVENT.  IF,
 AFTER  HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
 IT MAY ORDER THE COMPANY  TO  MAKE  SUCH  MODIFICATIONS  THAT  IT  DEEMS
 REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
   (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
 THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE  OR  OTHERWISE
 MEETING  THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
 GENCY EVENT. IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER  INVESTIGATORY
 PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
 ABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-
 RATION'S OUTAGES WERE MATERIALLY  LONGER  THAN  THEY  WOULD  HAVE  BEEN,
 BECAUSE  OF SUCH CORPORATION'S FAILURE TO REASONABLY IMPLEMENT ITS EMER-
 GENCY RESPONSE PLAN, THE COMMISSION MAY DENY THE RECOVERY OF ANY PART OF
 THE SERVICE RESTORATION COSTS CAUSED BY SUCH FAILURE, COMMENSURATE  WITH
 THE  DEGREE  AND  IMPACT  OF THE SERVICE OUTAGE; PROVIDED, HOWEVER, THAT
 NOTHING HEREIN LIMITS THE COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A
 PROCEEDING PURSUANT TO SECTIONS  TWENTY-FOUR  AND  TWENTY-FIVE  OF  THIS
 CHAPTER.
   (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
 TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY
 RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE  GREATEST  EXTENT  FEASIBLE
 THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY IN
 COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
   (E) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL FILE WITH THE COUN-
 TY  EXECUTIVE  OR THE CHIEF ELECTED OFFICIAL OF A COUNTY FOR EACH COUNTY
 WITHIN ITS SERVICE TERRITORY THE MOST RECENT APPROVED COPY OF THE  EMER-
 GENCY  RESPONSE PLAN REQUIRED PURSUANT TO THIS SECTION. FOR THE PURPOSES
 OF A CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPORATION
 SHALL FILE THE MOST RECENT APPROVED EMERGENCY  RESPONSE  PLAN  WITH  THE
 EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
   (F)  THE  COMMISSION  SHALL  PROVIDE ACCESS TO SUCH EMERGENCY RESPONSE
 PLAN PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   § 2. Section 216 of the public service law is amended by adding a  new
 subdivision 4-a to read as follows:
   4-A.  (A)  EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL ANNUALLY, ON
 OR BEFORE DECEMBER FIFTEENTH, SUBMIT  TO  THE  COMMISSION  AN  EMERGENCY
 RESPONSE PLAN FOR REVIEW AND APPROVAL. THE EMERGENCY RESPONSE PLAN SHALL
 BE DESIGNED FOR THE REASONABLY PROMPT RESTORATION 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  BEYOND  THE  CONTROL  OF  THE
 COMPANY.  THE  EMERGENCY  RESPONSE  PLAN  SHALL INCLUDE, BUT NEED NOT BE
 LIMITED TO, THE FOLLOWING: (I) THE IDENTIFICATION  OF  MANAGEMENT  STAFF
 RESPONSIBLE  FOR COMPANY OPERATIONS DURING AN EMERGENCY; (II) A COMMUNI-
 CATIONS SYSTEM WITH CUSTOMERS DURING AN EMERGENCY  THAT  EXTENDS  BEYOND
 NORMAL  BUSINESS  HOURS  AND  BUSINESS  CONDITIONS; (III) DESIGNATION OF
 COMPANY STAFF TO COMMUNICATE WITH LOCAL OFFICIALS AND APPROPRIATE  REGU-
 LATORY  AGENCIES;  (IV) PROVISIONS REGARDING HOW THE COMPANY WILL ASSURE
 THE SAFETY OF ITS EMPLOYEES AND CONTRACTORS; (V) PROCEDURES FOR  DEPLOY-

 S. 138                              3
 
 ING  PERSONNEL  CREWS  TO  WORK ASSIGNMENT AREAS; (VI) IDENTIFICATION OF
 ADDITIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY; (VII)  THE
 MEANS  OF OBTAINING ADDITIONAL SUPPLIES AND EQUIPMENT; (VIII) PROCEDURES
 TO  PRACTICE THE EMERGENCY RESPONSE PLAN; AND (IX) SUCH OTHER ADDITIONAL
 INFORMATION 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
 REQUIREMENTS  CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION
 OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
   (B) AFTER REVIEW OF  A  CORPORATION'S  EMERGENCY  RESPONSE  PLAN,  THE
 COMMISSION  MAY  REQUIRE SUCH CORPORATION TO AMEND THE PLAN. THE COMMIS-
 SION MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO  DETER-
 MINE  ITS  SUFFICIENCY  TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT. IF,
 AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE  PLAN,
 IT  MAY  ORDER  THE  COMPANY  TO  MAKE  SUCH MODIFICATIONS THAT IT DEEMS
 REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
   (C) THE COMMISSION IS AUTHORIZED TO OPEN AN  INVESTIGATION  TO  REVIEW
 THE  PERFORMANCE  OF  ANY  CORPORATION IN RESTORING SERVICE OR OTHERWISE
 MEETING THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN  EMER-
 GENCY  EVENT.  IF,  AFTER  EVIDENTIARY  HEARINGS  OR OTHER INVESTIGATORY
 PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
 ABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH  CORPO-
 RATION'S  OUTAGES  WERE  MATERIALLY  LONGER  THAN  THEY WOULD HAVE BEEN,
 BECAUSE OF SUCH CORPORATION'S FAILURE TO REASONABLY IMPLEMENT ITS  EMER-
 GENCY RESPONSE PLAN, THE COMMISSION MAY DENY THE RECOVERY OF ANY PART OF
 THE  SERVICE RESTORATION COSTS CAUSED BY SUCH FAILURE, COMMENSURATE WITH
 THE DEGREE AND IMPACT OF THE SERVICE  OUTAGE;  PROVIDED,  HOWEVER,  THAT
 NOTHING HEREIN LIMITS THE COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A
 PROCEEDING  PURSUANT  TO  SECTIONS  TWENTY-FOUR  AND TWENTY-FIVE OF THIS
 CHAPTER.
   (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
 TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY
 RESPONSE  PLAN  IS  SUFFICIENT TO ENSURE TO THE GREATEST EXTENT FEASIBLE
 THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY IN
 COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
   (E) EACH CORPORATION SUBJECT TO THIS ARTICLE SHALL FILE WITH THE COUN-
 TY EXECUTIVE OR THE CHIEF ELECTED OFFICIAL OF A COUNTY FOR  EACH  COUNTY
 WITHIN  ITS SERVICE TERRITORY THE MOST RECENT APPROVED COPY OF THE EMER-
 GENCY RESPONSE PLAN REQUIRED PURSUANT TO THIS SECTION. FOR THE  PURPOSES
 OF A CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPORATION
 SHALL  FILE  THE  MOST  RECENT APPROVED EMERGENCY RESPONSE PLAN WITH THE
 EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
   (F) THE COMMISSION SHALL PROVIDE ACCESS  TO  SUCH  EMERGENCY  RESPONSE
 PLAN PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 4. This act shall take effect immediately.