A01566 Summary:

BILL NOA01566A
 
SAME ASNo same as
 
SPONSORBrodsky (MS)
 
COSPNSRLancman, Paulin, Nolan, Kavanagh, Millman, Colton, Jaffee, Rosenthal, Fields, Peralta, Jeffries, Maisel, Robinson, Cook
 
MLTSPNSRBrennan, Galef, Gottfried, Hyer-Spencer, Koon, Lentol, Markey, Rivera J, Titone
 
Amd S66, Pub Serv L
 
Relates to the general powers of the public service commission in respect to gas and electric corporations; authorizes the public service commission to require gas and electric corporations to eliminate provisions attempting to relieve such corporations from liability arising from their negligence or willful misconduct; provides for the investigation of regulatory conduct and provides for damages to persons affected by such regulatory failure.
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A01566 Actions:

BILL NOA01566A
 
01/07/2009referred to corporations, authorities and commissions
06/18/2009amend and recommit to corporations, authorities and commissions
06/18/2009print number 1566a
01/06/2010referred to corporations, authorities and commissions
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A01566 Floor Votes:

There are no votes for this bill in this legislative session.
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A01566 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1566--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  BRODSKY,  BRADLEY,  LANCMAN,  PAULIN, NOLAN,
          KAVANAGH,  MILLMAN,  COLTON,  JAFFEE,  ROSENTHAL,   FIELDS,   PERALTA,
          JEFFRIES,  MAISEL,  ROBINSON,  COOK  -- Multi-Sponsored by -- M. of A.
          BRENNAN,  GALEF,  GOTTFRIED,  HYER-SPENCER,  KOON,   LENTOL,   MARKEY,

          J. RIVERA, TITONE -- read once and referred to the Committee on Corpo-
          rations,  Authorities  and  Commissions  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend  the  public  service law, in relation to the general
          powers of the commission in respect to gas and electricity
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 66 of the public service law is amended by adding
     2  two new subdivisions 11-a and 11-b to read as follows:
     3    11-a. Require every gas corporation, electric corporation and gas  and
     4  electric  corporation, where necessary, to amend its filed tariff sched-
     5  ules by eliminating any provision (a) attempting to relieve such  corpo-

     6  ration  from liability arising from the negligence or willful misconduct
     7  of its officers, agents or servants; (b) limiting the liability  of  the
     8  corporation  for damages resulting from its own negligence in connection
     9  with the property owned, installed or maintained by a customer or leased
    10  by a customer from a third party; and (c) limiting the liability of  the
    11  company  for any damages resulting from the negligence of the company in
    12  connection with the supplying or use of electricity or gas or  from  the
    13  presence  or  operation  of  the company's structures, equipment, wires,
    14  pipes, appliances or devices on the consumer's premises.
    15    11-b. Have power in all parts of the state, either as a commission  or

    16  through  its  members,  or  through  an officer or employee specifically
    17  authorized to consider regulatory  conduct  of  every  gas  corporation,
    18  electric  corporation and gas and electric corporation, where necessary,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04803-02-9

        A. 1566--A                          2
 
     1  to (a) investigate that a regulatory failure occurred despite the  exer-
     2  cise  of ordinary business care and prudence and to conduct a hearing or
     3  proceeding to subpoena witnesses, take testimony and administer oaths to

     4  witnesses  in  any  proceeding  or  examination instituted before it, or
     5  conducted by it in reference to such matter within its jurisdiction; and
     6  (b) allow such commission to award damages resulting from  such  failure
     7  to persons thereby affected in the community.
     8    § 2. This act shall take effect on the one hundred eightieth day after
     9  it  shall have become a law. Effective immediately, the addition, amend-
    10  ment and/or repeal of any rule or regulation necessary for the implemen-
    11  tation of this act on its effective date are authorized to  be  made  by
    12  the public service commission on or before such effective date.
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