A03210 Summary:

SAME ASNo same as
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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A03210 Actions:

01/24/2011referred to corporations, authorities and commissions
01/04/2012referred to corporations, authorities and commissions
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A03210 Floor Votes:

There are no votes for this bill in this legislative session.
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A03210 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                    January 24, 2011
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
        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,
    19  to  (a) investigate that a regulatory failure occurred despite the exer-
    20  cise of ordinary business care and prudence and to conduct a hearing  or

    21  proceeding to subpoena witnesses, take testimony and administer oaths to
    22  witnesses  in  any  proceeding  or  examination instituted before it, or
    23  conducted by it in reference to such matter within its jurisdiction; and
    24  (b) allow such commission to award damages resulting from  such  failure
    25  to persons thereby affected in the community.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3210                             2
     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it  shall have become a law. Effective immediately, the addition, amend-

     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to  be  made  by
     5  the public service commission on or before such effective date.
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