S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4824--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08931-11-1

 S. 4824--A                          2
 
 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
 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.

 S. 4824--A                          3
 
   (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.
   (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

 S. 4824--A                          4
 
 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.
 
                                  PART B

 S. 4824--A                          5
 
   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
 HAVE THE BURDEN OF DEMONSTRATING  THAT  GRANTING  THE  WAIVER  IS  FAIR,
 REASONABLE  AND  IN THE PUBLIC INTEREST. IN DETERMINING WHETHER TO GRANT

 S. 4824--A                          6
 
 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.