S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3169
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 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.
              

                                                            LBD04541-01-9

 A. 3169                             2
 
   § 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.