Bill Text: NY A01741 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases civil penalties on certain combination gas and electric corporations that fail to comply with the public service law.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A01741 Detail]

Download: New_York-2023-A01741-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1741

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced  by M. of A. DINOWITZ, SIMON, STERN, TAYLOR, DICKENS, THIELE,
          WEPRIN, SEAWRIGHT, JACOBSON, OTIS -- read once  and  referred  to  the
          Committee on Corporations, Authorities and Commissions

        AN  ACT  to amend the public service law, in relation to civil penalties
          on certain public utility companies, corporations or persons  and  the
          officers, agents and employees thereof

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

     1    Section 1. Subdivision 2, paragraph (a) of subdivision 3 and paragraph
     2  (a) of subdivision 4 of section 25 the public service law, as amended by
     3  chapter 375 of the laws of 1986, are amended to read as follows:
     4    2. Any public utility company, corporation or person and the officers,
     5  agents and employees thereof that knowingly fails or neglects to obey or
     6  comply with a provision of  this  chapter  or  an  order  adopted  under
     7  authority  of  this chapter so long as the same shall be in force, shall
     8  forfeit to the people of the state of New York a sum not exceeding  [one
     9  hundred  thousand]  two million dollars constituting a civil penalty for
    10  each and every offense and, in the case of a continuing violation,  each
    11  day shall be deemed a separate and distinct offense.
    12    (a) [two hundred and fifty thousand] five million dollars constituting
    13  a civil penalty for each separate and distinct offense; provided, howev-
    14  er,  that  for  purposes  of  this  paragraph  each  day of a continuing
    15  violation shall not be deemed a separate and distinct offense. The total
    16  period of a continuing violation, as well as every  distinct  violation,
    17  shall  be  similarly  treated  as  a  separate  and distinct offense for
    18  purposes of this paragraph; or
    19    (a) [five hundred thousand] ten million dollars constituting  a  civil
    20  penalty  for each separate and distinct offense; provided, however, that
    21  for purposes of this paragraph each day of a continuing violation  shall
    22  not  be  deemed  a  separate and distinct offense. The total period of a
    23  continuing violation, as well as  every  distinct  violation,  shall  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00903-01-3
        A. 1741                             2

     1  similarly  treated  as  a  separate and distinct offense for purposes of
     2  this paragraph; or
     3    § 2. Subdivision 3, subparagraph (i) of paragraph (b) of subdivision 4
     4  and paragraph (a) of subdivision 5 of section 25-a of the public service
     5  law,  as added by section 2 of part X of chapter 57 of the laws of 2013,
     6  are amended to read as follows:
     7    3. Any combination gas and  electric  corporation  determined  by  the
     8  commission  to have failed to reasonably comply as shown by a preponder-
     9  ance of the evidence with a provision of this chapter, regulation or  an
    10  order  adopted under authority of this chapter so long as the same shall
    11  be in force shall forfeit a  sum  not  exceeding  the  greater  of  [one
    12  hundred  thousand]  two  million  dollars  or  two one-hundredths of one
    13  percent of the annual intrastate gross operating revenue of  the  corpo-
    14  ration,  not including taxes paid to and revenues collected on behalf of
    15  government entities, constituting a civil penalty  for  each  and  every
    16  offense  and,  in  the case of a continuing violation, each day shall be
    17  deemed a separate and distinct offense.
    18    (i) [two hundred fifty thousand] five million dollars  or  three  one-
    19  hundredths  of  one  percent  of  the  annual intrastate gross operating
    20  revenue of the corporation, not including taxes  paid  to  and  revenues
    21  collected  on  behalf  of  government  entities,  whichever  is greater,
    22  constituting a civil penalty for each  separate  and  distinct  offense;
    23  provided,  however,  that  for purposes of this paragraph, each day of a
    24  continuing violation  shall  not  be  deemed  a  separate  and  distinct
    25  offense.  The  total  period of a continuing violation, as well as every
    26  distinct violation,  shall  be  similarly  treated  as  a  separate  and
    27  distinct offense for purposes of this paragraph; or
    28    (a) [five hundred thousand] ten million dollars or four one-hundredths
    29  of  one  percent of the annual intrastate gross operating revenue of the
    30  corporation, not including taxes  paid  to  and  revenues  collected  on
    31  behalf  of  government  entities,  whichever  is greater, constituting a
    32  civil penalty for each separate and distinct offense; provided, however,
    33  that for purposes of this paragraph each day of a  continuing  violation
    34  shall not be deemed a separate and distinct offense. The total period of
    35  a  continuing  violation,  as  well as every distinct violation shall be
    36  similarly treated as a separate and distinct  offense  for  purposes  of
    37  this paragraph; or
    38    § 3. This act shall take effect immediately.