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

A. 3210                             2

  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.