Bill Text: NY A10995 | 2019-2020 | 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 19-0)

Status: (Introduced) 2020-09-09 - referred to corporations, authorities and commissions [A10995 Detail]

Download: New_York-2019-A10995-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10995

                   IN ASSEMBLY

                                    September 9, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Dinowitz,
          Jaffee, Simon, Stern, Taylor, Dickens, Thiele, Barron, Weprin, Mosley,
          Simotas, D'Urso, Arroyo) -- 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
    24  similarly treated as a separate and distinct  offense  for  purposes  of
    25  this paragraph; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17201-01-0

        A. 10995                            2

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