Bill Text: NY A02469 | 2021-2022 | General Assembly | Introduced
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 14-0)
Status: (Introduced - Dead) 2022-01-05 - referred to corporations, authorities and commissions [A02469 Detail]
Download: New_York-2021-A02469-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2469 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. DINOWITZ, SIMON, STERN, TAYLOR, DICKENS, THIELE, BARRON, WEPRIN, ENGLEBRIGHT, LAVINE, SEAWRIGHT, JACOBSON, GALEF, OTIS -- read once and referred to the Committee on Corporations, Authori- ties 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 [one9hundred 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05772-01-1A. 2469 2 1 continuing violation, as well as every distinct violation, shall be 2 similarly treated as a separate and distinct offense for purposes of 3 this paragraph; or 4 § 2. Subdivision 3, subparagraph (i) of paragraph (b) of subdivision 4 5 and paragraph (a) of subdivision 5 of section 25-a of the public service 6 law, as added by section 2 of part X of chapter 57 of the laws of 2013, 7 are amended to read as follows: 8 3. Any combination gas and electric corporation determined by the 9 commission to have failed to reasonably comply as shown by a preponder- 10 ance of the evidence with a provision of this chapter, regulation or an 11 order adopted under authority of this chapter so long as the same shall 12 be in force shall forfeit a sum not exceeding the greater of [one13hundred thousand] two million dollars or two one-hundredths of one 14 percent of the annual intrastate gross operating revenue of the corpo- 15 ration, not including taxes paid to and revenues collected on behalf of 16 government entities, constituting a civil penalty for each and every 17 offense and, in the case of a continuing violation, each day shall be 18 deemed a separate and distinct offense. 19 (i) [two hundred fifty thousand] five million dollars or three one- 20 hundredths of one percent of the annual intrastate gross operating 21 revenue of the corporation, not including taxes paid to and revenues 22 collected on behalf of government entities, whichever is greater, 23 constituting a civil penalty for each separate and distinct offense; 24 provided, however, that for purposes of this paragraph, each day of a 25 continuing violation shall not be deemed a separate and distinct 26 offense. The total period of a continuing violation, as well as every 27 distinct violation, shall be similarly treated as a separate and 28 distinct offense for purposes of this paragraph; or 29 (a) [five hundred thousand] ten million dollars or four one-hundredths 30 of one percent of the annual intrastate gross operating revenue of the 31 corporation, not including taxes paid to and revenues collected on 32 behalf of government entities, whichever is greater, constituting a 33 civil penalty for each separate and distinct offense; provided, however, 34 that for purposes of this paragraph each day of a continuing violation 35 shall not be deemed a separate and distinct offense. The total period of 36 a continuing violation, as well as every distinct violation shall be 37 similarly treated as a separate and distinct offense for purposes of 38 this paragraph; or 39 § 3. This act shall take effect immediately.
