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A01225 Summary:

BILL NOA01225
 
SAME ASSAME AS S01085
 
SPONSORGriffin
 
COSPNSR
 
MLTSPNSR
 
Amd §25, Pub Serv L
 
Relates to false material statements related to a public utility.
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A01225 Actions:

BILL NOA01225
 
01/07/2021referred to corporations, authorities and commissions
01/05/2022referred to corporations, authorities and commissions
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A01225 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1225
 
SPONSOR: Griffin
  TITLE OF BILL: An act to amend the public service law, in relation to false material statements related to a public utility   PURPOSE OR GENERAL IDEA OF BILL: This bill establishes civil penalties for making false material state- ments to the public service commission in relation to a rate proceeding.   SUMMARY OF PROVISIONS: Section 1 amends the public service law by adding a new subdivision 4-a that would impose a $250,000 penalty for a public authority or the employees thereof, to knowingly make a false material statement to the public service commission in relation to a rate proceeding. Further, failure to disclose a false material statement made during a rate case to the commission within three days of discovering the false information will also result in a $250,000 penalty. Section 2 provides that this act shall take effect immediately.   JUSTIFICATION: The Public Service Commission regulates most of the utilities operating in the state. Utility rates are set by the Commission, and are based on the costs to the utility of providing the service. When utilities provide inaccurate information, rates can be unnecessarily inflated, causing financial harm to the customers. Instituting a civil forfeiture for utilities that knowingly submit false information, or those that discover false information was previously submitted and fail to disclose such, will deter utilities from wrongly inflating consumer rates.   PRIOR LEGISLATIVE HISTORY: 2019-20: S5673/A8286   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A01225 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1225
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public service law, in relation  to  false  material
          statements related to a public utility
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 25 of the public service law is amended by adding a
     2  new subdivision 4-a to read as follows:
     3    4-a. (a) Notwithstanding the provisions of subdivision one or  two  of
     4  this  section,  any public utility company or corporation, and the offi-
     5  cers, agents or employees thereof that knowingly makes a false  material
     6  statement, representation or certification to the commission in any rate
     7  proceeding  shall  forfeit  to the state of New York a sum not to exceed
     8  two hundred fifty  thousand  dollars.  Each  false  material  statement,
     9  representation or certification shall constitute a separate and distinct
    10  offense for purposes of this section.
    11    (b)  A public utility company or corporation, and the officers, agents
    12  or employees thereof that discover  that  a  false  material  statement,
    13  representation or certification was previously made to the commission in
    14  relation  to a rate proceeding shall disclose such false material state-
    15  ment, representation or certification to  the  commission  within  three
    16  business  days  of  discovery.  Failure  to  make  such disclosure shall
    17  constitute a knowing violation of this subdivision and shall cause  such
    18  public  utility  company  or  corporation  and  the  officers, agents or
    19  employees thereof to be liable for forfeiture pursuant to this  subdivi-
    20  sion.
    21    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03989-01-1
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