Establishes strict liability for certain violations by public utility companies, corporations, or persons and the officers thereof; removes requirement that violations be committed knowingly.
STATE OF NEW YORK
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8964
IN SENATE
September 4, 2020
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public service law, in relation to establishing
liability for certain violations by public utility companies, corpo-
rations, or persons and the officers thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 3 and 4 of section 25 of the public service
2 law, subdivision 2 and paragraph (a) of subdivision 3 and paragraph (a)
3 of subdivision 4 as amended by chapter 375 of the laws of 1986 and
4 subdivisions 3 and 4 as added by chapter 665 of the laws of 1980, are
5 amended to read as follows:
6 2. Any public utility company, corporation or person and the offi-
7 cers[, agents and employees] thereof that [knowingly] fails or neglects
8 to obey or comply, or any agents and employees thereof that knowingly
9 fail or neglect to obey or comply, with a provision of this chapter or
10 an order adopted under authority of this chapter so long as the same
11 shall be in force, shall forfeit to the people of the state of New York
12 a sum not exceeding one hundred thousand dollars constituting a civil
13 penalty for each and every offense and, in the case of a continuing
14 violation, each day shall be deemed a separate and distinct offense.
15 3. Notwithstanding the provisions of subdivision two of this section,
16 any such public utility company, corporation or person and the offi-
17 cers[, agents and employees] thereof that [knowingly] fails or neglects
18 to obey or comply, or any agents and employees thereof that knowingly
19 fail or neglect to obey or comply, with a provision of this chapter, or
20 an order or regulation adopted under the authority of this chapter,
21 adopted specifically for the protection of human safety, including but
22 not limited to the commission's code of gas safety regulations shall, if
23 it is determined by the commission that such safety violation caused or
24 constituted a contributing factor in bringing about a death or personal
25 injury, forfeit to the state of New York a sum not to exceed the greater
26 of:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17184-02-0
S. 8964 2
1 (a) two hundred and fifty thousand dollars constituting a civil penal-
2 ty for each separate and distinct offense; provided, however, that for
3 purposes of this paragraph each day of a continuing violation shall not
4 be deemed a separate and distinct offense. The total period of a contin-
5 uing violation, as well as every distinct violation, shall be similarly
6 treated as a separate and distinct offense for purposes of this para-
7 graph; or
8 (b) the maximum forfeiture determined in accordance with subdivision
9 two of this section.
10 4. Notwithstanding the provisions of subdivision one or two of this
11 section, a public utility company, corporation or person and the offi-
12 cers[, agents and employees] thereof that [knowingly] fails or neglects
13 to obey or comply, or any agents and employees thereof that knowingly
14 fail or neglect to obey or comply, with a provision of this chapter, or
15 an order or regulation adopted under authority of this chapter, designed
16 to protect the overall reliability and continuity of electric service,
17 shall forfeit to the state of New York a sum not to exceed the greater
18 of:
19 (a) five hundred thousand dollars constituting a civil penalty for
20 each separate and distinct offense; provided, however, that for purposes
21 of this paragraph each day of a continuing violation shall not be deemed
22 a separate and distinct offense. The total period of a continuing
23 violation, as well as every distinct violation, shall be similarly
24 treated as a separate and distinct offense for purposes of this para-
25 graph; or
26 (b) the maximum forfeiture determined in accordance with subdivision
27 two of this section.
28 § 2. Subdivision 6 of section 25-a of the public service law, as added
29 by section 2 of part X of chapter 57 of the laws of 2013, is amended to
30 read as follows:
31 6. Any officer of any combination gas and electric corporation deter-
32 mined by the commission to have violated the provisions of subdivision
33 three, four, or five of this section, and who [knowingly] violates a
34 provision of this chapter, regulation or an order adopted under authori-
35 ty of this chapter so long as the same shall be in force shall forfeit a
36 sum not to exceed one hundred thousand dollars constituting a civil
37 penalty for each and every offense and, in the case of a continuing
38 violation, each day shall be deemed a separate and distinct offense.
39 § 3. This act shall take effect immediately.