Assembly Bill A3210

2011-2012 Legislative Session

Relates to the general powers of the public service commission in respect to gas and electric corporations

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A3210 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Amd ยง66, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1566
2013-2014: A3909
2015-2016: A1450
2017-2018: A997
2019-2020: A3169
2021-2022: A1717
2023-2024: A4664

2011-A3210 (ACTIVE) - Summary

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.

2011-A3210 (ACTIVE) - Bill Text download pdf

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

                                  3210

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  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,
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07505-01-1
              

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