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Assembly Bill A4483

2009-2010 Legislative Session

Imposes strict liability for customer damages from service interruption caused by negligence of gas or electric corporations

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Archive: Last Bill Status - In Assembly Committee

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2009-A4483 (ACTIVE) - Details

Current Committee:
Assembly Energy
Law Section:
Public Service Law
Laws Affected:
Amd ยง65, Pub Serv L

2009-A4483 (ACTIVE) - Summary

Provides that gas and electric corporations shall be strictly liable for damages incurred by customers as a result of service interruptions caused by gross negligence of the corporations; requires the public service commission to promulgate necessary rules and regulations.

2009-A4483 (ACTIVE) - Bill Text download pdf 

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

                                  4483

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, V. LOPEZ, WRIGHT -- Multi-Sponsored by
  --  M. of A. COLTON, DIAZ, McENENY, TOWNS -- read once and referred to
  the Committee on Energy

AN ACT to amend the public service law, in relation to liability of  gas
  and  electric  corporations  for  damages  to customers resulting from
  interruption in service caused by negligence of the corporation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 11 of section 65 of the public service law, as
added by chapter 693 of the laws of 1985, is renumbered  subdivision  12
and a new subdivision 13 is added to read as follows:
  13. (A) EVERY GAS OR ELECTRIC CORPORATION SHALL BE STRICTLY LIABLE FOR
ALL  DIRECT  DAMAGES  INCURRED  BY  RESIDENTIAL AND COMMERCIAL CUSTOMERS
RESULTING FROM AN INTERRUPTION OF GAS OR ELECTRIC SERVICE CAUSED BY  THE
GROSS  NEGLIGENCE, RECKLESSNESS OR INTENTIONAL TORTS OF THE GAS OR ELEC-
TRIC CORPORATION INCLUDING ANY EMPLOYEES THEREOF.
  (B) THE COMMISSION SHALL PROMULGATE RULES  AND  REGULATIONS  PROVIDING
(1)  FOR GAS AND ELECTRIC CORPORATIONS TO GIVE THEIR CUSTOMERS NOTICE OF
THEIR LIABILITY FOR DAMAGES IN CASE OF INTERRUPTIONS OF SERVICE, AND (2)
FOR A FAIR AND  EXPEDITIOUS  PROCEDURE  ALLOWING  CUSTOMERS  TO  COLLECT
PAYMENT  FOR DAMAGES INCURRED IN THE CASE OF GAS OR ELECTRIC CORPORATION
LIABILITY IN LIEU OF A COURT ACTION THEREFOR.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07774-01-9

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