Assembly Bill A10422

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10422
 
                           I N  A S S E M B L Y
 
                               March 5, 2026
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to certain sanctions
   and civil penalties
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 24 of the public service law, as amended by chapter
 665 of the laws of 1980, is amended to read as follows:
   § 24. Action  to  recover  penalties  or  forfeitures.    An action to
 recover a penalty or a forfeiture under this chapter or to  enforce  the
 powers of the commission may be brought in any court of competent juris-
 diction  in  this  state  in  the name of the people of the state of New
 York, and shall be commenced and prosecuted to  final  judgment  by  the
 commission. In any such action all penalties and forfeitures incurred up
 to  the time of commencing the same may be sued for and recovered there-
 in, and the commencement of an action to recover a penalty or forfeiture
 shall not be, or be held to be, a waiver of the  right  to  recover  any
 other penalty or forfeiture; if the defendant in such action shall prove
 that  during  any  portion of the time for which it is sought to recover
 penalties or forfeitures for a violation of an order  or  regulation  of
 the  commission the defendant was actually and in good faith prosecuting
 a suit, action or proceeding in the courts to set aside  such  order  or
 regulation,  the court shall remit the penalties or forfeitures incurred
 during the pendency of such  suit,  action  or  proceeding.  All  moneys
 recovered  in any such action, together with the costs thereof, shall be
 [paid into the state  treasury  to  the  credit  of  the  general  fund]
 RETURNED  TO THE RATEPAYERS BY MEANS OF A DIRECT BILL CREDIT, AS SOON AS
 PRACTICALLY FEASIBLE OR NO LATER THAN NINETY DAYS. Any such  action  may
 be  compromised  or  discontinued  on application of the commission upon
 such terms as the court shall approve and order. An action may be  main-
 tained  by  the commission for the whole or any part of the penalties or
 forfeitures prescribed in this chapter, and judgment may be rendered for
 the amount demanded in the complaint, or for any less amount, as justice
 may require.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14011-02-6
 A. 10422                            2
 
   § 2. Subdivision 7 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, is amended  to
 read as follows:
   7.  Any  such  assessment  may  be  compromised or discontinued by the
 commission. All moneys recovered pursuant to this section, together with
 the costs thereof, shall be [remitted to, or for  the  benefit  of,  the
 ratepayers  in  a manner to be determined by the commission] RETURNED TO
 THE RATEPAYERS BY MEANS OF A DIRECT BILL CREDIT, AS SOON AS  PRACTICALLY
 FEASIBLE OR NO LATER THAN NINETY DAYS.
   § 3. This act shall take effect on the one hundred twentieth 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  and
 completed on or before such effective date.