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.
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.
