S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1741
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by M. of A. DINOWITZ, SIMON, STERN, TAYLOR, DICKENS, THIELE,
   WEPRIN, SEAWRIGHT, JACOBSON, OTIS -- read once  and  referred  to  the
   Committee on Corporations, Authorities 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
 continuing violation, as well as  every  distinct  violation,  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00903-01-3
              

 A. 1741                             2
 
 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.