S T A T E O F N E W Y O R K
________________________________________________________________________
2469
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. DINOWITZ, SIMON, STERN, TAYLOR, DICKENS, THIELE,
BARRON, WEPRIN, ENGLEBRIGHT, LAVINE, SEAWRIGHT, JACOBSON, GALEF, OTIS
-- read once and referred to the Committee on Corporations, Authori-
ties and Commissions
AN ACT to amend the public service law, in relation to civil penalties
on certain public utility companies, corporations or persons and the
officers, agents and employees thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2, paragraph (a) of subdivision 3 and paragraph
(a) of subdivision 4 of section 25 the public service law, as amended by
chapter 375 of the laws of 1986, are amended to read as follows:
2. Any public utility company, corporation or person and the officers,
agents and employees thereof that knowingly fails or neglects to obey or
comply with a provision of this chapter or an order adopted under
authority of this chapter so long as the same shall be in force, shall
forfeit to the people of the state of New York a sum not exceeding [one
hundred thousand] TWO MILLION dollars constituting a civil penalty for
each and every offense and, in the case of a continuing violation, each
day shall be deemed a separate and distinct offense.
(a) [two hundred and fifty thousand] FIVE MILLION dollars constituting
a civil penalty for each separate and distinct offense; provided, howev-
er, that for purposes of this paragraph each day of a continuing
violation shall not be deemed a separate and distinct offense. The total
period of a continuing violation, as well as every distinct violation,
shall be similarly treated as a separate and distinct offense for
purposes of this paragraph; or
(a) [five hundred thousand] TEN MILLION dollars constituting a civil
penalty for each separate and distinct offense; provided, however, that
for purposes of this paragraph each day of a continuing violation shall
not be deemed a separate and distinct offense. The total period of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05772-01-1
A. 2469 2
continuing violation, as well as every distinct violation, shall be
similarly treated as a separate and distinct offense for purposes of
this paragraph; or
§ 2. Subdivision 3, subparagraph (i) of paragraph (b) of subdivision 4
and paragraph (a) of subdivision 5 of section 25-a of the public service
law, as added by section 2 of part X of chapter 57 of the laws of 2013,
are amended to read as follows:
3. Any combination gas and electric corporation determined by the
commission to have failed to reasonably comply as shown by a preponder-
ance of the evidence with a provision of this chapter, regulation or an
order adopted under authority of this chapter so long as the same shall
be in force shall forfeit a sum not exceeding the greater of [one
hundred thousand] TWO MILLION dollars or two one-hundredths of one
percent of the annual intrastate gross operating revenue of the corpo-
ration, not including taxes paid to and revenues collected on behalf of
government entities, constituting a civil penalty for each and every
offense and, in the case of a continuing violation, each day shall be
deemed a separate and distinct offense.
(i) [two hundred fifty thousand] FIVE MILLION dollars or three one-
hundredths of one percent of the annual intrastate gross operating
revenue of the corporation, not including taxes paid to and revenues
collected on behalf of government entities, whichever is greater,
constituting a civil penalty for each separate and distinct offense;
provided, however, that for purposes of this paragraph, each day of a
continuing violation shall not be deemed a separate and distinct
offense. The total period of a continuing violation, as well as every
distinct violation, shall be similarly treated as a separate and
distinct offense for purposes of this paragraph; or
(a) [five hundred thousand] TEN MILLION dollars or four one-hundredths
of one percent of the annual intrastate gross operating revenue of the
corporation, not including taxes paid to and revenues collected on
behalf of government entities, whichever is greater, constituting a
civil penalty for each separate and distinct offense; provided, however,
that for purposes of this paragraph each day of a continuing violation
shall not be deemed a separate and distinct offense. The total period of
a continuing violation, as well as every distinct violation shall be
similarly treated as a separate and distinct offense for purposes of
this paragraph; or
§ 3. This act shall take effect immediately.