Assembly Bill A1566

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1566--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (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:

  Section  1.  Section 66 of the public service law is amended by adding
two new subdivisions 11-a and 11-b to read as follows:
  11-A. REQUIRE EVERY GAS CORPORATION, ELECTRIC CORPORATION AND GAS  AND
ELECTRIC  CORPORATION, WHERE NECESSARY, TO AMEND ITS FILED TARIFF SCHED-
ULES BY ELIMINATING ANY PROVISION (A) ATTEMPTING TO RELIEVE SUCH  CORPO-
RATION  FROM LIABILITY ARISING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT
OF ITS OFFICERS, AGENTS OR SERVANTS; (B) LIMITING THE LIABILITY  OF  THE
CORPORATION  FOR DAMAGES RESULTING FROM ITS OWN NEGLIGENCE IN CONNECTION
WITH THE PROPERTY OWNED, INSTALLED OR MAINTAINED BY A CUSTOMER OR LEASED
BY A CUSTOMER FROM A THIRD PARTY; AND (C) LIMITING THE LIABILITY OF  THE
COMPANY  FOR ANY DAMAGES RESULTING FROM THE NEGLIGENCE OF THE COMPANY IN
CONNECTION WITH THE SUPPLYING OR USE OF ELECTRICITY OR GAS OR  FROM  THE
PRESENCE  OR  OPERATION  OF  THE COMPANY'S STRUCTURES, EQUIPMENT, WIRES,
PIPES, APPLIANCES OR DEVICES ON THE CONSUMER'S PREMISES.
  11-B. HAVE POWER IN ALL PARTS OF THE STATE, EITHER AS A COMMISSION  OR
THROUGH  ITS  MEMBERS,  OR  THROUGH  AN OFFICER OR EMPLOYEE SPECIFICALLY
AUTHORIZED TO CONSIDER REGULATORY  CONDUCT  OF  EVERY  GAS  CORPORATION,
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

TO (A) INVESTIGATE THAT A REGULATORY FAILURE OCCURRED DESPITE THE  EXER-
CISE  OF ORDINARY BUSINESS CARE AND PRUDENCE AND TO CONDUCT A HEARING OR
PROCEEDING TO SUBPOENA WITNESSES, TAKE TESTIMONY AND ADMINISTER OATHS TO
WITNESSES  IN  ANY  PROCEEDING  OR  EXAMINATION INSTITUTED BEFORE IT, OR
CONDUCTED BY IT IN REFERENCE TO SUCH MATTER WITHIN ITS JURISDICTION; AND
(B) ALLOW SUCH COMMISSION TO AWARD DAMAGES RESULTING FROM  SUCH  FAILURE
TO PERSONS THEREBY AFFECTED IN THE COMMUNITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to  be  made  by
the public service commission on or before such effective date.