Bill Text: NY S04824 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires each electric corporation to submit a storm hardening and system resiliency plan to the public service commission for review and approval; makes related provisions (Part A); requires utility companies to reimburse customers for certain widespread prolonged outages; prohibits utility companies from recovering from customers the costs incurred due to power outage reimbursements; authorizes utility companies to petition the public service commission for a waiver of the reimbursement requirements (Part B).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-12-22 - APPROVAL MEMO.141 [S04824 Detail]

Download: New_York-2021-S04824-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4824

                               2021-2022 Regular Sessions

                    IN SENATE

                                    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

        AN  ACT  to amend the public service law and the public authorities law,
          in relation to providing  rate  payers  with  reimbursement  following
          prolonged power outages

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public service law is amended by adding a  new  section
     2  73 to read as follows:
     3    §  73.  Compensation  to  residential customers experiencing prolonged
     4  service outages. 1. Notwithstanding any other  provision  of  law,  each
     5  electric  corporation  or combination gas and electric corporation shall
     6  provide to residential customers of such corporation:
     7    (a) a credit of twenty-five dollars on the balance of such  customer's
     8  account  for  each  subsequent twenty-four hour period of service outage
     9  that occurs for such customers for  more  than  forty-eight  consecutive
    10  hours  after  the  occurrence of an emergency event. For the purposes of
    11  this section, the term "emergency event" shall mean an event where wide-
    12  spread outages have occurred in the service territory of the corporation
    13  due to storms, high heat events, earthquakes, wildfires or other causes;
    14  and
    15    (b) compensation in an amount of two hundred  fifty  dollars,  in  the
    16  aggregate,  for  any medication and food that expires or spoils due to a
    17  service outage that lasts longer than forty-eight consecutive  hours  in
    18  duration after the occurrence of an emergency event.
    19    2.  Any  costs  incurred by an electric corporation or combination gas
    20  and electric corporation pursuant to this section shall not be recovera-
    21  ble from ratepayers.
    22    3. Not later than fourteen calendar days after the  occurrence  of  an
    23  emergency event, an electric corporation or combination gas and electric

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08931-02-1
        S. 4824                             2

     1  corporation may petition the commission for a waiver of the requirements
     2  of  this section. The corporation shall have the burden of demonstrating
     3  that granting the waiver is fair, reasonable and in the public interest.
     4  In  determining  whether  to  grant  such  waiver,  the commission shall
     5  consider: (a) whether the  corporation  complied  with  their  submitted
     6  emergency  response  plan pursuant to section sixty-six of this article;
     7  (b) whether any actions or omissions of the corporation  contributed  to
     8  the  prolonging of the service outage; (c) the hardships endured by said
     9  corporation's customers due to the prolonged  service  outage;  (d)  the
    10  severity of the emergency event; (e) conditions on the ground during the
    11  emergency  event  and  the  subsequent restoration; (f) balancing of the
    12  equities; and (g) any other criteria the commission deems in the  public
    13  interest  to  consider.  The  commission  shall  issue  a final decision
    14  regarding the grant of the requested waiver  no  later  than  forty-five
    15  days after submission of the petition.
    16    4.  The  commission  shall promulgate procedures, standards, methodol-
    17  ogies and rules necessary to implement the provisions of this section.
    18    § 2. Section 1020-f of the public authorities law, as added by chapter
    19  517 of the laws of 1986, is amended by adding a new subdivision (ii)  to
    20  read as follows:
    21    (ii)  Compensation  to  residential  customers  experiencing prolonged
    22  service outages. 1. Notwithstanding any  other  provision  of  law,  the
    23  service provider shall provide to its residential customers:
    24    (i)  a credit of twenty-five dollars on the balance of such customer's
    25  account for each subsequent twenty-four hour period  of  service  outage
    26  that  occurs  for  such  customers for more than forty-eight consecutive
    27  hours after the occurrence of an emergency event. For  the  purposes  of
    28  this  subdivision,  the term "emergency event" shall mean an event where
    29  widespread outages have occurred in the service territory of the service
    30  provider due to storms, high  heat  events,  earthquakes,  wildfires  or
    31  other causes; and
    32    (ii)  compensation  in  an amount of two hundred fifty dollars, in the
    33  aggregate, for any medication and food that expires or spoils due  to  a
    34  service  outage  that lasts longer than forty-eight consecutive hours in
    35  duration after the occurrence of an emergency event.
    36    2. Any costs incurred by the service provider pursuant to this section
    37  shall not be recoverable from ratepayers.
    38    3. Not later than fourteen calendar days after the  occurrence  of  an
    39  emergency  event,  the service provider may petition the authority for a
    40  waiver of the requirements of this paragraph. The service provider shall
    41  have the burden of demonstrating  that  granting  the  waiver  is  fair,
    42  reasonable  and  in the public interest. In determining whether to grant
    43  such waiver, the authority shall, in consultation with the department of
    44  public service, consider:
    45    (i) whether the service provider complied with their  submitted  emer-
    46  gency response plan pursuant to subdivision (cc) of this section;
    47    (ii) whether any actions or omissions of the service provider contrib-
    48  uted to the prolonging of the service outage;
    49    (iii) the hardships endured by the service provider's customers due to
    50  the prolonged service outage;
    51    (iv) the severity of the emergency event;
    52    (v) conditions on the ground during the emergency event and the subse-
    53  quent restoration;
    54    (vi) balancing of the equities; and
    55    (vii) any other criteria the authority deems in the public interest to
    56  consider. The authority shall issue a final decision regarding the grant
        S. 4824                             3

     1  of  the  requested waiver no later than forty-five days after submission
     2  of the petition.
     3    4.  The authority shall adopt procedures, standards, methodologies and
     4  rules necessary to implement the provisions of this subdivision.
     5    § 3. Severability. If any provision of this  act  or  the  application
     6  thereof  to  any  person,  corporation or circumstances is held invalid,
     7  such invalidity shall not affect other provisions or applications of the
     8  act which can be given effect without the invalid provision or  applica-
     9  tion,  and  to  this  end  the provisions of this act are declared to be
    10  severable.
    11    § 4. This act shall take effect on the ninetieth day  after  it  shall
    12  have  become  a  law.    Effective  immediately, the addition, amendment
    13  and/or repeal of any rule or regulation necessary for the implementation
    14  of this act on  its  effective  date  are  authorized  to  be  made  and
    15  completed on or before such effective date.