S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2281
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. MAYER, BRAUNSTEIN, BUCHWALD, GALEF, ORTIZ, RAIA,
   ROZIC, TITONE, OTIS, ABINANTI -- Multi-Sponsored by -- M. of A.  COOK,
   GUNTHER,  PERRY, RIVERA, SALADINO, THIELE -- read once and referred to
   the Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to utility prepared-
   ness for outages and disruptions of service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "utility
 preparedness act of 2017".
   § 2. The public service law is amended by adding a new section 66-o to
 read as follows:
   § 66-O. UTILITY PREPAREDNESS FOR OUTAGES AND DISRUPTIONS  OF  SERVICE.
 1.  DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "ELECTRIC TRANSMISSION AND DISTRIBUTION COMPANY" OR "TRANSMISSION
 AND DISTRIBUTION COMPANY" OR "COMPANY"  SHALL  MEAN:  AN  INVESTOR-OWNED
 UTILITY  HAVING ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS
 THAT TRANSMITS AND DISTRIBUTES ELECTRICITY WITHIN THIS STATE.
   (B)  "VEGETATION  MANAGEMENT"  SHALL  MEAN:  PROGRAMS  AND   PRACTICES
 DESIGNED  TO PREVENT ELECTRIC SYSTEM DISRUPTIONS OR POWER OUTAGES CAUSED
 BY THE PHYSICAL INTERFERENCE OR COLLAPSE OF  TREES,  TREE  BRANCHES  AND
 OTHER VEGETATION ON ELECTRIC TRANSMISSION AND DISTRIBUTION LINES.
   2.  TRANSMISSION  AND  DISTRIBUTION COMPANY PERFORMANCE BENCHMARKS AND
 STANDARDS.  (A) NO LATER THAN ONE YEAR FOLLOWING THE EFFECTIVE  DATE  OF
 THIS  SECTION, THE COMMISSION SHALL ESTABLISH, AND EACH TRANSMISSION AND
 DISTRIBUTION COMPANY IS  REQUIRED  TO  COMPLY  WITH,  POWER  RESTORATION
 PERFORMANCE  BENCHMARKS  AND STANDARDS TO REDUCE THE DURATION OF OUTAGES
 AND DISRUPTIONS AND TO FACILITATE RESTORATION OF POWER AFTER OUTAGES  OR
 DISRUPTIONS.  PRIOR  TO  ESTABLISHING SUCH BENCHMARKS AND STANDARDS, THE
 COMMISSION MAY REQUIRE COMPANIES  TO  SUBMIT  DOCUMENTS  AND  ANY  OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02685-01-7
              

 A. 2281                             2
 
 INFORMATION  IN  THEIR  POSSESSION  IN ORDER TO ASSIST THE COMMISSION IN
 ESTABLISHING SUCH BENCHMARKS AND STANDARDS.
   (B)  THE  BENCHMARKS AND STANDARDS ESTABLISHED BY THE COMMISSION SHALL
 BE DESIGNED FOR POWER OUTAGES IN WHICH MORE THAN TEN PERCENT OF A TRANS-
 MISSION AND DISTRIBUTION COMPANY'S CUSTOMERS ARE WITHOUT POWER FOR  MORE
 THAN  FORTY-EIGHT CONSECUTIVE HOURS AND SHALL INCLUDE BUT NOT BE LIMITED
 TO, STANDARDS FOR:
   (I) MINIMUM STAFFING AND EQUIPMENT LEVELS FOR EACH COMPANY,  BASED  ON
 THE  NUMBER  OF  CUSTOMERS  SERVED BY SUCH COMPANY AND THE NATURE OF THE
 INFRASTRUCTURE DEPLOYED TO SERVE SUCH COMPANY'S CUSTOMERS IN  THE  EVENT
 OF AN EMERGING OR WIDE-SPREAD OUTAGE OR DISRUPTION;
   (II)  A  TIMETABLE  FOR RESTORATION OF POWER IN OUTAGES AFFECTING MORE
 THAN TEN PERCENT, THIRTY PERCENT, FIFTY PERCENT AND SEVENTY  PERCENT  OF
 SUCH COMPANY'S CUSTOMERS;
   (III)  A  TIMETABLE  FOR  RESTORATION OF POWER WHEN OUTAGES ARE DUE TO
 BLACKOUTS OF THE ENTIRE GRID;
   (IV) CREATION OF A COMMUNICATION PLAN BETWEEN  EACH  COMPANY  AND  ITS
 CUSTOMERS,  INCLUDING,  BUT  NOT  LIMITED  TO, COMMUNICATION DURING TIME
 PERIODS THAT ARE NOT CONSIDERED NORMAL BUSINESS HOURS;
   (V) SAFETY OF COMPANIES' EMPLOYEES, WORK CREWS  AND  PRIVATE  CONTRAC-
 TORS;
   (VI)  CREATION  OF  MUTUAL  AID AGREEMENTS WITH OTHER UTILITIES IN THE
 REGION AND, AS NEEDED, IN THE UNITED STATES AND CANADA, FOR MUTUAL STORM
 RESTORATION ASSISTANCE, WHICH SUCH AGREEMENTS SHALL BE  FILED  WITH  THE
 COMMISSION;
   (VII) NOTIFICATION OF THE COMMISSION AND THE PUBLIC WHEN A COMPANY HAS
 REQUESTED  AID  FOR  STORM  RESTORATION  ASSISTANCE FROM OTHER UTILITIES
 INCLUDING THE NUMBER OF WORKERS AND/OR ADDITIONAL EQUIPMENT THE  COMPANY
 HAS REQUESTED;
   (VIII)  COMMUNICATION  AND  COORDINATION  BETWEEN EACH COMPANY AND THE
 RELEVANT STATE, MUNICIPAL AND/OR EMERGENCY OPERATIONS  CENTER  OFFICIALS
 CONCERNING EMERGENCY PREPARATION, ROAD CLEARING AND THE ESTABLISHMENT OF
 RESTORATION PRIORITIES;
   (IX)  TREE  TRIMMING,  CUTTING  AND  REMOVAL  BY EACH TRANSMISSION AND
 DISTRIBUTION COMPANY TO REDUCE POWER OUTAGES CAUSED BY TREES AND LIMBS;
   (X) COMMUNICATION AND COORDINATION, AFTER CONSULTATION  WITH  THE  NEW
 YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, BETWEEN
 EACH TRANSMISSION AND DISTRIBUTION COMPANY AND THE PUBLIC INCLUDING, BUT
 NOT  LIMITED TO, STANDARDS CONCERNING THE USE OF ANY EMERGENCY NOTIFICA-
 TION SYSTEM TO NOTIFY THE PUBLIC OF POWER  RESTORATION  STATUS  AND  ANY
 DANGEROUS  CONDITIONS,  INCLUDING  NOTIFICATION  METHODS  SUCH AS MOBILE
 TELEPHONE TEXT MESSAGES, ELECTRONIC MAIL AND  ANY  OTHER  ELECTRONIC  OR
 NON-ELECTRONIC MEANS THAT THE COMMISSION MAY REQUIRE;
   (XI) REIMBURSEMENT TO RESIDENTIAL CUSTOMERS FOR:
   (A)  ACTUAL LOSSES OF FOOD SPOILED DUE TO LACK OF REFRIGERATION CAUSED
 DURING A POWER OUTAGE LASTING FORTY-EIGHT OR MORE CONSECUTIVE HOURS WHEN
 GREATER THAN TEN PERCENT OF A COMPANY'S RESIDENTIAL CUSTOMERS HAVE  LOST
 POWER,  IN  AN  AMOUNT  UP  TO TWO HUNDRED DOLLARS UPON SUBMISSION OF AN
 ITEMIZED LIST AND IN AN AMOUNT OVER TWO HUNDRED DOLLARS UPON  SUBMISSION
 OF  AN  ITEMIZED LIST AND PROOF OF LOSS, UP TO A MAXIMUM OF FOUR HUNDRED
 FIFTY DOLLARS FOR ANY ONE CUSTOMER FOR  ANY  ONE  INCIDENT,  WHICH  SUCH
 AMOUNTS MAY BE PERIODICALLY REVIEWED AND CHANGED BY THE COMMISSION;
   (B)  ACTUAL LOSSES OF PERISHABLE PRESCRIPTION MEDICINE, SPOILED DUE TO
 LACK OF REFRIGERATION, UPON SUBMISSION OF AN ITEMIZED LIST AND PROOF  OF
 LOSS  AND,  IF  REQUESTED BY THE COMPANY, SUBMISSION OF AUTHORIZATION TO
 ENABLE THE COMPANY TO VERIFY THE CLAIMED LOSS;

 A. 2281                             3
 
   (XII) TIMELY NOTIFICATION OF POWER OUTAGES AND RESTORATION EFFORTS  BY
 EACH  COMPANY  TO  ANY  RELEVANT  STATE OR MUNICIPAL AGENCY OR OFFICIALS
 INCLUDING, BUT NOT LIMITED TO, ANY PUBLIC SAFETY AGENCY OR OFFICIALS;
   (XIII) THE OPERATION OF AN EMERGENCY CALL CENTER BY EACH COMPANY; AND
   (XIV) ANY OTHER STANDARDS THE COMMISSION DEEMS NECESSARY.
   (C)  THE  COMMISSION,  IN DEVELOPING ITS POWER RESTORATION PERFORMANCE
 BENCHMARKS AND STANDARDS PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,
 SHALL REVIEW:
   (I)  EACH  TRANSMISSION  AND  DISTRIBUTION COMPANY'S CURRENT PRACTICES
 CONCERNING POWER RESTORATION  AFTER  AN  EMERGENCY.  SUCH  REVIEW  SHALL
 INCLUDE,  BUT NOT BE LIMITED TO, AN ANALYSIS OF EACH SUCH COMPANY'S: (A)
 ESTIMATES CONCERNING POTENTIAL DAMAGE AND POWER DISRUPTIONS  MADE  PRIOR
 TO  A  POTENTIAL  OUTAGE  AFFECTING MORE THAN TEN PERCENT OF A COMPANY'S
 CUSTOMERS FOR A PERIOD OF MORE THAN FORTY-EIGHT CONSECUTIVE  HOURS;  (B)
 DAMAGE AND POWER OUTAGE ASSESSMENTS AFTER ANY EMERGENCY; (C) RESTORATION
 MANAGEMENT  AFTER  ANY EMERGENCY, INCLUDING ACCESS TO ALTERNATE RESTORA-
 TION RESOURCES VIA MUTUAL AID AGREEMENTS WITH OTHER UTILITIES FOR MUTUAL
 STORM RESTORATION ASSISTANCE, INCLUDING THOSE ENTERED  INTO  WITH  OTHER
 TRANSMISSION  AND  DISTRIBUTION  COMPANIES;  (D) EACH COMPANY'S PLAN FOR
 AT-RISK AND VULNERABLE CUSTOMERS INCLUDING, BUT NOT LIMITED TO,  CUSTOM-
 ERS IDENTIFIED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION
 THIRTY-TWO  OF  THIS CHAPTER; (E) POLICIES CONCERNING COMMUNICATION WITH
 STATE AND LOCAL  OFFICIALS  AND  CUSTOMERS,  INCLUDING  NOTIFICATION  OF
 CUSTOMER  RESTORATION ESTIMATES AND THE TIMELINESS, ACCURACY AND USEFUL-
 NESS OF SUCH ESTIMATES; AND (F) NEED  FOR  MUTUAL  AID  AGREEMENTS  WITH
 OTHER  UTILITIES  FOR MUTUAL STORM RESTORATION INCLUDING ASSISTANCE FROM
 CREWS SERVING OTHER UTILITIES OR COMPANIES;
   (II) THE ADEQUACY OF  EACH  TRANSMISSION  AND  DISTRIBUTION  COMPANY'S
 INFRASTRUCTURE, FACILITIES AND EQUIPMENT, INCLUDING, BUT NOT LIMITED TO,
 ELECTRIC  DISTRIBUTION  LINES, ELECTRIC TRANSFORMERS AND CIRCUITS, WHICH
 SHALL INCLUDE AN ANALYSIS OF: (A)  WHETHER  SUCH  COMPANY  IS  FOLLOWING
 STANDARD  INDUSTRY  PRACTICES  FOR  OPERATION  AND  MAINTENANCE  OF SUCH
 INFRASTRUCTURE, FACILITIES AND EQUIPMENT; AND (B) WHETHER  SUCH  COMPANY
 HAS  ACCESS  TO  ADEQUATE REPLACEMENT EQUIPMENT FOR SUCH INFRASTRUCTURE,
 FACILITIES AND EQUIPMENT DURING THE COURSE OF A POWER  OUTAGE  AFFECTING
 MORE THAN TEN PERCENT OF A COMPANY'S CUSTOMERS FOR MORE THAN FORTY-EIGHT
 CONSECUTIVE HOURS;
   (III) VEGETATION MANAGEMENT POLICIES OF EACH TRANSMISSION AND DISTRIB-
 UTION  COMPANY  INCLUDING:  (A) EXPENDITURES FOR TREE TRIMMING AND OTHER
 PRACTICES TO PREVENT INTERFERENCE OF TRANSMISSION AND DISTRIBUTION LINES
 BY VEGETATION; (B) INCIDENCE  OF  POWER  OUTAGES  CAUSED  BY  VEGETATION
 INCLUDING  FALLING  TREES  AND  TREE BRANCHES CAUSED BY WEATHER OR OTHER
 EVENTS; AND (C) THE AMOUNT AND DURATION OF POWER OUTAGES DURING PREVIOUS
 MAJOR STORMS CAUSED BY TREES AND LIMBS OUTSIDE THE CURRENT RIGHT OF  WAY
 MANAGEMENT WITH CONSIDERATION GIVEN TO THE QUANTITY AND EFFECTIVENESS OF
 PRIOR TREE TRIMMING;
   (IV) THE IMPACT, INCLUDING, BUT NOT LIMITED TO, POTENTIAL REDUCTION OF
 POWER OUTAGES AND POTENTIAL COST OF BURYING POWER LINES UNDERGROUND WERE
 SUCH EFFORT TO BE UNDERTAKEN;
   (V)  THE  IMPACT  OF EXPANDING THE AREA ADJACENT TO DISTRIBUTION LINES
 FOR TREE TRIMMING, INCLUDING AN ANALYSIS OF THE BENEFITS AND  THE  COSTS
 OF  SUCH  EXPANSION TO RATEPAYERS AND THE LIKELIHOOD THAT SUCH EXPANSION
 WOULD DECREASE DAMAGE TO INFRASTRUCTURE, FACILITIES AND  EQUIPMENT  USED
 TO  DISTRIBUTE  ELECTRICITY AND DECREASE POWER OUTAGE FREQUENCY OR DURA-
 TION; AND

 A. 2281                             4
 
   (VI) ANY OTHER POLICY OR PRACTICE THE COMMISSION  DEEMS  NECESSARY  TO
 ANALYZE  IN  ORDER TO CONDUCT THE REVIEW REQUIRED PURSUANT TO THIS PARA-
 GRAPH.
   (D) THE COMMISSION SHALL PERMIT EACH COMPANY TO RECOVER THE REASONABLE
 COSTS INCURRED BY SUCH COMPANY TO MAINTAIN OR IMPROVE THE RELIABILITY OF
 SUCH  COMPANY'S  INFRASTRUCTURE  NECESSARY  TO MEET THE STANDARDS ESTAB-
 LISHED PURSUANT TO THIS SECTION.
   (E)  THE  COMMISSION  MAY  ALSO  ESTABLISH  STANDARDS  FOR  ACCEPTABLE
 PERFORMANCE BY EACH TRANSMISSION AND DISTRIBUTION COMPANY IN AN EMERGEN-
 CY, IN ACCORDANCE WITH THIS SECTION, UPON A DETERMINATION BY THE COMMIS-
 SION  THAT  THE  CHANGED  CIRCUMSTANCES OF ANY UTILITY NECESSITATES SUCH
 ADDITIONAL STANDARDS.
   (F) NO LATER THAN ONE YEAR FOLLOWING THE ESTABLISHMENT OF  THE  BENCH-
 MARKS  AND  STANDARDS  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND
 EACH YEAR THEREAFTER, EACH TRANSMISSION AND DISTRIBUTION  COMPANY  SHALL
 PROVIDE  AN  EMERGENCY  RESPONSE  REPORT  TO THE COMMISSION. SUCH REPORT
 SHALL INCLUDE INFORMATION AND  AN  ANALYSIS  CONCERNING  SUCH  COMPANY'S
 ABILITY  AND PERFORMANCE DURING THE PRECEDING YEAR TO MEET THE EMERGENCY
 PREPAREDNESS AND RESPONSE STANDARDS ESTABLISHED BY THE COMMISSION PURSU-
 ANT TO THIS SECTION. IN ADDITION TO THE ANNUAL RESPONSE REPORT  REQUIRED
 IN  THIS  PARAGRAPH,  THE COMMISSION MAY REQUIRE ANY UTILITY TO SUBMIT A
 SUPPLEMENTAL EMERGENCY RESPONSE REPORT AFTER  ANY  STORM,  EMERGENCY  OR
 EVENT CAUSING SIGNIFICANT POWER DISRUPTIONS.
   3.  THE  COMMISSION  SHALL REVIEW THE PERFORMANCE OF EACH TRANSMISSION
 AND DISTRIBUTION COMPANY AFTER ANY EMERGENCY: (A) IN WHICH MORE THAN TEN
 PERCENT OF ANY SUCH COMPANY'S CUSTOMERS WERE WITHOUT POWER FOR MORE THAN
 FORTY-EIGHT CONSECUTIVE HOURS; OR (B) AT  THE  COMMISSION'S  DISCRETION.
 THE  COMMISSION,  UPON  A  FINDING, AFTER A HEARING OR OPPORTUNITY TO BE
 HEARD, THAT ANY SUCH COMPANY FAILED TO COMPLY WITH ANY RESTORATION STAN-
 DARD REQUIRED BY THIS SECTION OR ANY ORDER OF THE COMMISSION IN PREPARA-
 TION FOR A POWER OUTAGE, OR IN RESTORATION  OF  A  POWER  OUTAGE,  SHALL
 IMPOSE  CIVIL  PENALTIES  AGAINST SUCH COMPANY, NOT TO EXCEED A TOTAL OF
 TWO AND ONE-HALF PERCENT OF SUCH COMPANY'S GROSS  ANNUAL  REVENUES  FROM
 ELECTRIC  DISTRIBUTION.  IN  DETERMINING  THE AMOUNT OF ANY PENALTY, THE
 COMMISSION MAY CONSIDER WHETHER SUCH COMPANY  RECOVERED  COSTS  INCURRED
 PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION TWO OF THIS SECTION TO MEET
 INFRASTRUCTURE RELIABILITY EFFORTS TO IMPROVE  SUCH  COMPANY'S  PERFORM-
 ANCE.  ANY  SUCH PENALTY IMPOSED SHALL BE PAID TO THE CUSTOMERS OR RATE-
 PAYERS OF SUCH COMPANY IN THE FORM OF A CREDIT, WHICH SHALL BE  CREDITED
 WITHIN ONE HUNDRED TWENTY DAYS OF SUCH ORDER. ANY SUCH PENALTY SHALL NOT
 BE  INCLUDED AS AN OPERATING EXPENSE OF SUCH COMPANY FOR THE PURPOSES OF
 RATEMAKING.
   § 3. This act shall take effect immediately.