STATE OF NEW YORK
________________________________________________________________________
136--B
Cal. No. 245
2021-2022 Regular Sessions
IN SENATE
(Prefiled)
January 6, 2021
___________
Introduced by Sens. MAYER, COMRIE, HARCKHAM, HINCHEY, HOYLMAN, SALAZAR
-- read twice and ordered printed, and when printed to be committed to
the Committee on Energy and Telecommunications -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public service law, in relation to strengthening of
utility storm response and compliance
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 25 of the public service law, as added by chapter
2 665 of the laws of 1980, subdivision 2, paragraph (a) of subdivision 3
3 and paragraph (a) of subdivision 4 as amended by chapter 375 of the laws
4 of 1986, is amended to read as follows:
5 § 25. Penalties. 1. Every public utility company, corporation or
6 person and the officers, agents and employees thereof shall obey and
7 comply with every provision of this chapter and every order or regu-
8 lation adopted under authority of this chapter so long as the same shall
9 be in force.
10 2. Any public utility company, corporation or person and the officers,
11 agents and employees thereof that knowingly fails or neglects to obey or
12 comply with a provision of this chapter or a regulation or [an] order
13 adopted under authority of this chapter so long as the same shall be in
14 force, shall forfeit to the people of the state of New York a sum [not
15 exceeding one hundred thousand dollars constituting a civil penalty for
16 each and every offense and, in the case of a continuing violation, each
17 day shall be deemed a separate and distinct offense] that shall be set
18 by the public service commission after considering the following:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02683-05-1
S. 136--B 2
1 (a) the scope of damages caused by the violation to individuals,
2 businesses and the state;
3 (b) each individual act or omission which led to the violation;
4 (c) whether the violation was knowing or willful;
5 (d) whether the violation was recurring, or had been the subject of a
6 previous finding by the commission;
7 (e) whether the violation was of a provision of this chapter, or a
8 regulation or order adopted under the authority of this chapter,
9 adopted specifically for the protection of human safety, including but
10 not limited to the commission's code of gas safety regulations, and
11 whether the violation caused or constituted a contributing factor in
12 bringing about a death or personal injury, as determined by the commis-
13 sion;
14 (f) whether the violation was of a provision of this chapter, or a
15 regulation or order adopted under the authority of this chapter,
16 specifically designed to protect the overall reliability and continuity
17 of service, the duration of any such violation, whether such violation
18 affected the reliability or continuity of service, the duration of any
19 such effect on the reliability or continuity of service, and whether any
20 effect on the reliability or continuity of service was recurring;
21 (g) the economic losses of ratepayers, in the form of increased
22 service rates or otherwise, associated with damage to or weakening of
23 infrastructure in connection with the event out of which the violation
24 arose, including but not limited to investments and costs associated
25 with repairing, improving, or replacing such infrastructure;
26 (h) whether the violation was caused in whole or in part due to the
27 systematic failure of the entity to maintain or replace obsolete or
28 deteriorated materials or equipment;
29 (i) the degree of preparation, including but not limited to the utili-
30 zation of mutual aid or other contingent resources, for a storm event or
31 other event out of which the violation arose for which there was advance
32 warning or notice; and
33 (j) mitigating factors relevant to the seriousness of the violation,
34 as determined by the commission.
35 3. [Notwithstanding the provisions of subdivision two of this section,
36 any such public utility company, corporation or person and the officers,
37 agents and employees thereof that knowingly fails or neglects to obey or
38 comply with a provision of this chapter, or an order or regulation
39 adopted under the authority of this chapter, adopted specifically for
40 the protection of human safety, including but not limited to the commis-
41 sion's code of gas safety regulations shall, if it is determined by the
42 commission that such safety violation caused or constituted a contribut-
43 ing factor in bringing about a death or personal injury, forfeit to the
44 state of New York a sum not to exceed the greater of:
45 (a) two hundred and fifty thousand dollars constituting a civil penal-
46 ty for each separate and distinct offense; provided, however, that for
47 purposes of this paragraph each day of a continuing violation shall not
48 be deemed a separate and distinct offense. The total period of a contin-
49 uing violation, as well as every distinct violation, shall be similarly
50 treated as a separate and distinct offense for purposes of this para-
51 graph; or
52 (b) the maximum forfeiture determined in accordance with subdivision
53 two of this section.
54 4. Notwithstanding the provisions of subdivision one or two of this
55 section, a public utility company, corporation or person and the offi-
56 cers, agents and employees thereof that knowingly fails or neglects to
S. 136--B 3
1 obey or comply with a provision of this chapter, or an order or regu-
2 lation adopted under authority of this chapter, designed to protect the
3 overall reliability and continuity of electric service, shall forfeit to
4 the state of New York a sum not to exceed the greater of:
5 (a) five hundred thousand dollars constituting a civil penalty for
6 each separate and distinct offense; provided, however, that for purposes
7 of this paragraph each day of a continuing violation shall not be deemed
8 a separate and distinct offense. The total period of a continuing
9 violation, as well as every distinct violation, shall be similarly
10 treated as a separate and distinct offense for purposes of this para-
11 graph; or
12 (b) the maximum forfeiture determined in accordance with subdivision
13 two of this section.
14 5.] Penalties provided for pursuant to this section shall be recovered
15 in an action as provided in section twenty-four of this article.
16 [6] 4. Any payment made by a public utility company, corporation or
17 person and the officers, agents and employees thereof as a result of an
18 action as provided in section twenty-four of this article and the cost
19 of litigation and investigation related to any such action shall not be
20 included by the commission in revenue requirements used to establish
21 rates and charges.
22 [7] 5. In construing and enforcing the provisions of this chapter
23 relating to forfeitures and penalties, the act of any director, officer,
24 agent or employee of a public utility company, corporation or person
25 acting within the scope of his or her official duties or employment
26 shall be deemed to be the act of such public utility company, corpo-
27 ration or person.
28 § 2. Section 25-a of the public service law, as added by section 2 of
29 part X of chapter 57 of the laws of 2013, is amended to read as follows:
30 § 25-a. Combination gas and electric corporations; administrative
31 sanctions; recovery of penalties. Notwithstanding sections twenty-four
32 and twenty-five of this article: 1. Every combination gas and electric
33 corporation and the officers thereof shall adhere to every provision of
34 this chapter and every order or regulation adopted under authority of
35 this chapter so long as the same shall be in force.
36 2. (a) The commission shall have the authority to assess a civil
37 penalty in an amount as set forth in this section and against a combina-
38 tion gas and electric corporation and the officers thereof subject to
39 the jurisdiction, supervision, or regulation pursuant to this chapter
40 [in an amount as set forth in this section. In determining the amount of
41 any penalty to be assessed pursuant to this section, the commission
42 shall consider: (i) the seriousness of the violation for which a penalty
43 is sought; (ii) the nature and extent of any previous violations for
44 which penalties have been assessed against the corporation or officer;
45 (iii) whether there was knowledge of the violation; (iv) the gross
46 revenues and financial status of the corporation; and (v) such other
47 factors as the commission may deem appropriate and relevant].
48 The remedies provided by this subdivision are in addition to any other
49 remedies provided in law.
50 (b) Whenever the commission has reason to believe that a combination
51 gas and electric corporation or such officers thereof should be subject
52 to imposition of a civil penalty as set forth in this subdivision, it
53 shall notify such corporation or officer. Such notice shall include,
54 but shall not be limited to: (i) the date and a brief description of the
55 facts and nature of each act or failure to act for which such penalty is
56 proposed; (ii) a list of each statute, regulation or order that the
S. 136--B 4
1 commission alleges has been violated; [and] (iii) the amount of each
2 penalty that the commission proposes to [assess and the holding of
3 evidentiary hearings, as provided in this chapter] be assessed; and (iv)
4 any proposed actions that the commission deems necessary to address such
5 alleged violation or violations. The commission is authorized to under-
6 take any additional administrative or investigatory actions related
7 to such violation or violations, including but not limited to, service
8 of an administrative complaint, implementation of discovery, interviews,
9 depositions, entering into a settlement agreement or other stipulation,
10 and the holding of evidentiary hearings, as provided in this chapter.
11 (c) Whenever the commission has reason to believe that a combination
12 gas and electric corporation or such officers thereof should be subject
13 to imposition of a civil penalty or penalties as set forth in this
14 subdivision, the commission shall hold a hearing to demonstrate why the
15 proposed penalty or penalties should be assessed against such combina-
16 tion gas and electric corporation or such officers.
17 3. Any combination gas and electric corporation or such officers ther-
18 eof determined by the commission to have failed to [reasonably] comply
19 as shown by a preponderance of the evidence, at an evidentiary hearing,
20 with a provision of this chapter, regulation or an order adopted under
21 authority of this chapter so long as the same shall be in force shall
22 forfeit a sum [not exceeding the greater of one hundred thousand dollars
23 or two one-hundredths of one percent of the annual intrastate gross
24 operating revenue of the corporation, not including taxes paid to and
25 revenues collected on behalf of government entities, constituting a
26 civil penalty for each and every offense and, in the case of a continu-
27 ing violation, each day shall be deemed a separate and distinct offense]
28 that shall be set by the public service commission, after considering
29 the following:
30 (a) the scope of damages caused by the violation to individuals, busi-
31 nesses and the state;
32 (b) each individual act or omission which led to the violation;
33 (c) whether the violation was knowing or willful;
34 (d) whether the violation was recurring, or had been the subject of a
35 previous finding by the commission;
36 (e) whether the violation was of a provision of this chapter, or a
37 regulation or order adopted under the authority of this chapter,
38 adopted specifically for the protection of human safety, including but
39 not limited to the commission's code of gas safety regulations, and
40 whether the violation caused or constituted a contributing factor in
41 bringing about a death or personal injury, as determined by the commis-
42 sion;
43 (f) whether the violation was of a provision of this chapter, or a
44 regulation or order adopted under the authority of this chapter,
45 specifically designed to protect the overall reliability and continuity
46 of service, the duration of any such violation, whether such violation
47 affected the reliability or continuity of service, the duration of any
48 such effect on the reliability or continuity of service, and whether any
49 effect on the reliability or continuity of service was recurring;
50 (g) the economic losses of ratepayers, in the form of increased
51 service rates or otherwise, associated with damage to or weakening of
52 infrastructure in connection with the event out of which the violation
53 arose, including but not limited to investments and costs associated
54 with repairing, improving, or replacing such infrastructure;
S. 136--B 5
1 (h) whether the violation was caused in whole or in part due to the
2 systematic failure of the entity to maintain or replace obsolete or
3 deteriorated materials or equipment;
4 (i) the degree of preparation, including but not limited to the utili-
5 zation of mutual aid or other contingent resources, for a storm event or
6 other event out of which the violation arose for which there was advance
7 warning or notice; and
8 (j) mitigating factors relevant to the seriousness of the violation,
9 as determined by the commission.
10 4. [Notwithstanding the provisions of subdivision three of this
11 section, any such combination gas and electric corporation determined by
12 the commission to have failed to reasonably comply with a provision of
13 this chapter, or an order or regulation adopted under the authority of
14 this chapter specifically for the protection of human safety or
15 prevention of significant damage to real property, including, but not
16 limited to, the commission's code of gas safety regulations shall, if it
17 is determined by the commission by a preponderance of the evidence that
18 such safety violation caused or constituted a contributing factor in
19 bringing about: (a) a death or personal injury; or (b) damage to real
20 property in excess of fifty thousand dollars, forfeit a sum not to
21 exceed the greater of:
22 (i) two hundred fifty thousand dollars or three one-hundredths of one
23 percent of the annual intrastate gross operating revenue of the corpo-
24 ration, not including taxes paid to and revenues collected on behalf of
25 government entities, whichever is greater, constituting a civil penalty
26 for each separate and distinct offense; provided, however, that for
27 purposes of this paragraph, each day of a continuing violation shall not
28 be deemed a separate and distinct offense. The total period of a contin-
29 uing violation, as well as every distinct violation, shall be similarly
30 treated as a separate and distinct offense for purposes of this para-
31 graph; or
32 (ii) the maximum forfeiture determined in accordance with subdivision
33 three of this section.
34 5. Notwithstanding the provisions of subdivision three or four of this
35 section, a combination gas and electric corporation determined by the
36 commission to have failed to reasonably comply by a preponderance of the
37 evidence with a provision of this chapter, or an order or regulation
38 adopted under authority of this chapter, designed to protect the overall
39 reliability and continuity of electric service, including but not limit-
40 ed to the restoration of electric service following a major outage event
41 or emergency, shall forfeit a sum not to exceed the greater of:
42 (a) five hundred thousand dollars or four one-hundredths of one
43 percent of the annual intrastate gross operating revenue of the corpo-
44 ration, not including taxes paid to and revenues collected on behalf of
45 government entities, whichever is greater, constituting a civil penalty
46 for each separate and distinct offense; provided, however, that for
47 purposes of this paragraph each day of a continuing violation shall not
48 be deemed a separate and distinct offense. The total period of a contin-
49 uing violation, as well as every distinct violation shall be similarly
50 treated as a separate and distinct offense for purposes of this para-
51 graph; or
52 (b) the maximum forfeiture determined in accordance with subdivision
53 three of this section.
54 6. Any officer of any combination gas and electric corporation deter-
55 mined by the commission to have violated the provisions of subdivision
56 three, four, or five of this section, and who knowingly violates a
S. 136--B 6
1 provision of this chapter, regulation or an order adopted under authori-
2 ty of this chapter so long as the same shall be in force shall forfeit a
3 sum not to exceed one hundred thousand dollars constituting a civil
4 penalty for each and every offense and, in the case of a continuing
5 violation, each day shall be deemed a separate and distinct offense.
6 7. Any such assessment may be compromised or discontinued by the
7 commission.] All moneys recovered pursuant to this section, together
8 with the costs thereof, shall be remitted to, or for the benefit of, the
9 ratepayers in a manner to be determined by the commission.
10 [8.] 5. Upon a failure by a combination gas and electric corporation
11 or officer to remit any penalty assessed by the commission pursuant to
12 this section, the commission, through its counsel, may institute an
13 action or special proceeding to collect the penalty in a court of compe-
14 tent jurisdiction.
15 [9.] 6. Any payment made by a combination gas and electric corporation
16 or the officers thereof as a result of an assessment or penalty as
17 provided in this section, and the cost of litigation and investigation
18 related to any such assessment, shall not be recoverable from ratepay-
19 ers.
20 [10.] 7. In construing and enforcing the provisions of this chapter
21 relating to penalties, the act of any director, officer, agent or
22 employee of a combined gas and electric corporation acting within the
23 scope of his or her official duties or employment shall be deemed to be
24 the act of such corporation.
25 [11.] 8. It shall be a violation of this chapter should a director,
26 officer or employee of a public utility company, corporation, person
27 acting in his or her official duties or employment, or an agent acting
28 on behalf of an employer take retaliatory personnel action such as
29 discharge, suspension, demotion, penalization or discrimination against
30 an employee for reporting a violation of a provision of this chapter
31 [of] or an order or regulation adopted under the authority of this chap-
32 ter, including, but not limited to, those governing safe and adequate
33 service, protection of human safety or prevention of significant damage
34 to real property, including, but not limited to, the commission's code
35 of gas safety. Nothing in this subdivision shall be deemed to diminish
36 the rights, privileges or remedies of any employee under any other law
37 or regulation, including but not limited to article twenty-C of the
38 labor law and section seventy-five-b of the civil service law, or under
39 any collective bargaining agreement or employment contract.
40 § 3. The public service law is amended by adding a new section 25-b to
41 read as follows:
42 § 25-b. Administrative actions against other regulated entities.
43 Notwithstanding any other provision of this chapter, section twenty-
44 five-a of this article shall apply in equal force to: 1. an electric
45 corporation as defined in subdivision thirteen of section two of this
46 article; 2. a gas corporation as defined in subdivision eleven of
47 section two of this article; 3. a cable television company or cable
48 television system as defined in subdivisions one and two of section two
49 hundred twelve of this article; 4. a telephone corporation as defined in
50 subdivision seventeen of section two of this article; 5. a steam corpo-
51 ration as defined in subdivision twenty-two of section two of this arti-
52 cle; and 6. a water-works corporation as defined in subdivision twenty-
53 seven of section two of this article; as well as the officers or
54 employees of any such corporate entities described above.
S. 136--B 7
1 § 4. Subdivision 21 of section 66 of the public service law, as
2 amended by section 4 of part X of chapter 57 of the laws of 2013, is
3 amended to read as follows:
4 21. (a) Each electric corporation subject to section twenty-five-a of
5 this chapter shall annually, on or before December fifteenth, submit to
6 the commission an emergency response plan for review and approval. The
7 emergency response plan shall be designed for the reasonably prompt
8 restoration of service in the case of an emergency event, defined for
9 purposes of this subdivision as an event where widespread outages have
10 occurred in the service territory of the company due to storms or other
11 causes beyond the control of the company. The emergency response plan
12 shall include, but need not be limited to, the following: (i) the iden-
13 tification of management staff responsible for company operations during
14 an emergency; (ii) a communications plan that includes: (A) a system
15 [with] that communicates service information to customers during an
16 emergency that extends beyond normal business hours and business condi-
17 tions; [(iii)] (B) identification of and outreach plans to customers who
18 had documented their need for essential electricity for medical needs;
19 [(iv)] (C) identification of and outreach plans to customers who had
20 documented their need for essential electricity to provide critical
21 telecommunications, critical transportation, critical fuel distribution
22 services or other large-load customers identified by the commission;
23 [(v)] (D) designation of company staff to communicate with local offi-
24 cials and appropriate regulatory agencies; [(vi)] and (E) identifies,
25 tests and verifies redundancies in communications systems; (iii)
26 provisions regarding how the company will assure the safety of its
27 employees and contractors; [(vii)] (iv) procedures for deploying company
28 and mutual aid crews to work assignment areas; [(viii)] (v) identifica-
29 tion of additional supplies and equipment needed during an emergency;
30 [(ix)] (vi) the means of obtaining additional supplies and equipment;
31 [(x)] (vii) procedures to practice the emergency response plan; [(xi)]
32 (viii) appropriate safety precautions regarding electrical hazards,
33 including plans to promptly secure downed wires within thirty-six hours
34 of notification of the location of such downed wires from a municipal
35 emergency official; and [(xii)] (ix) such other additional information
36 as the commission may require. Each such corporation shall, on an annual
37 basis, undertake drills implementing procedures to practice its emergen-
38 cy management plan. The commission may adopt additional requirements
39 consistent with ensuring the reasonably prompt restoration of service in
40 the case of an emergency event.
41 (b) After review of a corporation's emergency response plan, the
42 commission may require such corporation to amend the plan. The commis-
43 sion may also open an investigation of the corporation's plan to deter-
44 mine its sufficiency to respond adequately to an emergency event. If,
45 after hearings, the commission finds a material deficiency in the plan,
46 it may order the company to make such modifications that it deems
47 reasonably necessary to remedy the deficiency.
48 (c) The commission is authorized to open an investigation to review
49 the performance of any corporation in restoring service, implementing
50 communications plans or otherwise meeting the requirements of the emer-
51 gency response plan during an emergency event. If, after evidentiary
52 hearings or other investigatory proceedings, the commission finds that
53 the corporation failed to [reasonably] implement its emergency response
54 plan or the length of such corporation's outages were materially longer
55 than they would have been, because of such corporation's failure to
56 [reasonably] implement its emergency response plan, the commission may
S. 136--B 8
1 deny the recovery of any part of the service restoration costs caused by
2 such failure, commensurate with the degree and impact of the service
3 outage; provided, however, that nothing herein limits the commission's
4 authority to otherwise commence a proceeding pursuant to sections twen-
5 ty-four, twenty-five and twenty-five-a of this chapter.
6 (d) The commission shall certify to the department of homeland securi-
7 ty and emergency services that each such corporation's emergency
8 response plan is sufficient to ensure to the greatest extent feasible
9 the timely and safe restoration of energy services after an emergency in
10 compliance with the requirements of this chapter.
11 (e) The filing of each emergency response plan required under para-
12 graph (a) of this subdivision shall also include a copy of all written
13 mutual assistance agreements among utilities.
14 (f) Each electric corporation shall file with the county executive or
15 the chief elected official of a county for each county within its
16 service territory the most recent approved copy of the emergency
17 response plan required pursuant to this section. For the purposes of an
18 electric corporation operating within the city of New York, such corpo-
19 ration shall file the most recent approved emergency response plan with
20 the emergency management office of the city of New York.
21 (g) The commission shall provide access to such emergency response
22 plan pursuant to article six of the public officers law.
23 § 5. Section 94 of the public service law is amended by adding a new
24 subdivision 5 to read as follows:
25 5. (a) Each corporation subject to this article shall annually, on or
26 before December fifteenth, submit to the commission an emergency
27 response plan for review and approval. The emergency response plan shall
28 be designed for the reasonably prompt restoration of service in the case
29 of an emergency event, defined for purposes of this subdivision as an
30 event where widespread outages have occurred in the service territory of
31 the company due to storms or other causes beyond the control of the
32 company. The emergency response plan shall include, but need not be
33 limited to, the following: (i) the identification of management staff
34 responsible for company operations during an emergency; (ii) a communi-
35 cations plan that includes (A) a system that communicates service infor-
36 mation to customers during an emergency that extends beyond normal busi-
37 ness hours and business conditions; (B) designation of company staff to
38 communicate with local officials and appropriate regulatory agencies;
39 and (C) identifies, tests and verifies redundancies in communications
40 systems; (iii) provisions regarding how the company will ensure the
41 safety of its employees and contractors; (iv) procedures for deploying
42 personnel crews to work assignment areas; (v) identification of addi-
43 tional supplies and equipment needed during an emergency; (vi) the means
44 of obtaining additional supplies and equipment; (vii) procedures to
45 practice the emergency response plan; and (viii) such other additional
46 information as the commission may require. Each such corporation shall,
47 on an annual basis, undertake drills implementing procedures to practice
48 its emergency management plan. The commission may adopt additional
49 requirements consistent with ensuring the reasonably prompt restoration
50 of service in the case of an emergency event.
51 (b) After review of a corporation's emergency response plan, the
52 commission may require such corporation to amend the plan. The commis-
53 sion may also open an investigation of the corporation's plan to deter-
54 mine its sufficiency to respond adequately to an emergency event. If,
55 after hearings, the commission finds a material deficiency in the plan,
S. 136--B 9
1 it may order the company to make such modifications that it deems
2 reasonably necessary to remedy the deficiency.
3 (c) The commission is authorized to open an investigation to review
4 the performance of any corporation in restoring service, implementing
5 communications plans or otherwise meeting the requirements of the emer-
6 gency response plan during an emergency event.
7 (d) Each corporation subject to this article shall file with the coun-
8 ty executive or the chief elected official of a county for each county
9 within its service territory the most recent approved copy of the emer-
10 gency response plan required pursuant to this section. For the purposes
11 of a corporation operating within the city of New York, such corporation
12 shall file the most recent approved emergency response plan with the
13 emergency management office of the city of New York.
14 (e) The commission shall provide access to such emergency response
15 plan pursuant to article six of the public officers law.
16 § 6. Section 216 of the public service law is amended by adding a new
17 subdivision 4-a to read as follows:
18 4-a. (a) Each corporation subject to this article shall annually, on
19 or before December fifteenth, submit to the commission an emergency
20 response plan for review and approval. The emergency response plan shall
21 be designed for the reasonably prompt restoration of service in the case
22 of an emergency event, defined for purposes of this subdivision as an
23 event where widespread outages have occurred in the service territory of
24 the company due to storms or other causes beyond the control of the
25 company. The emergency response plan shall include, but need not be
26 limited to, the following: (i) the identification of management staff
27 responsible for company operations during an emergency; (ii) a communi-
28 cations plan which includes: (A) a system that communicates service
29 information to customers during an emergency that extends beyond normal
30 business hours and business conditions; (B) designation of company staff
31 to communicate with local officials and appropriate regulatory agencies;
32 and (C) identifies, tests and verifies redundancies in communications
33 systems; (iii) provisions regarding how the company will ensure the
34 safety of its employees and contractors; (iv) procedures for deploying
35 personnel crews to work assignment areas; (v) identification of addi-
36 tional supplies and equipment needed during an emergency; (vi) the means
37 of obtaining additional supplies and equipment; (vii) procedures to
38 practice the emergency response plan; and (viii) such other additional
39 information as the commission may require. Each such corporation shall,
40 on an annual basis, undertake drills implementing procedures to practice
41 its emergency management plan. The commission may adopt additional
42 requirements consistent with ensuring the reasonably prompt restoration
43 of service in the case of an emergency event.
44 (b) After review of a corporation's emergency response plan, the
45 commission may require such corporation to amend the plan. The commis-
46 sion may also open an investigation of the corporation's plan to deter-
47 mine its sufficiency to respond adequately to an emergency event. If,
48 after hearings, the commission finds a material deficiency in the plan,
49 it may order the company to make such modifications that it deems
50 reasonably necessary to remedy the deficiency.
51 (c) The commission is authorized to open an investigation to review
52 the performance of any corporation in restoring service, implementing
53 communications plans or otherwise meeting the requirements of the emer-
54 gency response plan during an emergency event.
55 (d) Each corporation subject to this article shall file with the coun-
56 ty executive or the chief elected official of a county for each county
S. 136--B 10
1 within its service territory the most recent approved copy of the emer-
2 gency response plan required pursuant to this section. For the purposes
3 of a corporation operating within the city of New York, such corporation
4 shall file the most recent approved emergency response plan with the
5 emergency management office of the city of New York.
6 (e) The commission shall provide access to such emergency response
7 plan pursuant to article six of the public officers law.
8 § 7. Severability. If any clause, sentence, paragraph, section or part
9 of this act shall be adjudged by any court of competent jurisdiction to
10 be invalid and after exhaustion of all further judicial review, the
11 judgment shall not affect, impair or invalidate the remainder thereof,
12 but shall be confined in its operation to the clause, sentence, para-
13 graph, section or part of this act directly involved in the controversy
14 in which the judgment shall have been rendered.
15 § 8. This act shall take effect on the ninetieth day after it shall
16 have become a law. Effective immediately, the department of public
17 service or the public service commission is authorized to promulgate any
18 regulations or orders necessary to implement this act.