Assembly Bill A10686

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10686
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   civil  penalties for failure of propane providers to deliver emergency
   service under automatic refill contracts, providing for enforcement by
   the department of public service and the office of the attorney gener-
   al, and directing that all collected civil penalties be deposited into
   the New York state general fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 28 to read as follows:
   § 28. PROPANE SERVICE PENALTIES. 1.  FOR PURPOSES OF THIS  SECTION,  A
 "VIOLATION"  OCCURS WHEN A PROPANE COMPANY OPERATING IN THE STATE OF NEW
 YORK FAILS TO PROVIDE EMERGENCY PROPANE DELIVERY TO A CONSUMER  WHO  HAS
 ENTERED INTO AN AUTOMATIC REFILL CONTRACT WITH SUCH PROPANE COMPANY.
   2.  A  PROPANE  COMPANY  OPERATING  IN  THE STATE OF NEW YORK SHALL BE
 SUBJECT TO A CIVIL PENALTY IN AN AMOUNT WHICH SHALL BE DETERMINED BY THE
 DEPARTMENT, BUT WHICH SHALL NOT EXCEED TEN THOUSAND  DOLLARS,  FOR  EACH
 VIOLATION IF:
   (A) SUCH PROPANE COMPANY HAS ENTERED INTO AN AUTOMATIC REFILL CONTRACT
 WITH SUCH CONSUMER;
   (B)  AN  EMERGENCY  CONDITION  EXISTS, INCLUDING BUT NOT LIMITED TO AN
 OUT-OF-FUEL EVENT OR IMMINENT INTERRUPTION OF HEAT OR ESSENTIAL SERVICE;
   (C) SUCH CONSUMER RESIDES WITHIN  SUCH  PROPANE  COMPANY'S  DESIGNATED
 SERVICE AREA; AND
   (D)  SUCH  PROPANE COMPANY FAILS TO PROVIDE NECESSARY PROPANE DELIVERY
 WITHIN TWENTY-FOUR HOURS OF NOTIFICATION OR IDENTIFICATION OF THE  EMER-
 GENCY.
   3. IN DETERMINING THE AMOUNT OF THE CIVIL PENALTY TO BE IMPOSED PURSU-
 ANT  TO  SUBDIVISION  TWO  OF  THIS SECTION, THE DEPARTMENT MAY CONSIDER
 FACTORS INCLUDING, BUT NOT LIMITED TO:
   (A) THE SEVERITY AND DURATION OF THE SERVICE INTERRUPTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15228-01-6
              

 A. 10686                            2
 
   (B) WHETHER THE VIOLATION RESULTED IN RISK TO PUBLIC HEALTH OR PROPER-
 TY DAMAGE;
   (C) THE NUMBER OF CONSUMERS AFFECTED BY THE VIOLATION;
   (D) WHETHER THE VIOLATION WAS REPEATED OR PART OF A PATTERN OF NONCOM-
 PLIANCE; AND
   (E)  ANY GOOD FAITH EFFORTS BY THE PROPANE COMPANY TO REMEDY THE EMER-
 GENCY CONDITION.
   4. EACH FAILURE OF A PROPANE COMPANY OPERATING IN  THE  STATE  OF  NEW
 YORK TO PROVIDE EMERGENCY PROPANE DELIVERY TO A CONSUMER WHO HAS ENTERED
 INTO  AN  AUTOMATIC  REFILL  CONTRACT  WITH  SUCH  PROPANE COMPANY SHALL
 CONSTITUTE A SEPARATE VIOLATION. MULTIPLE  SEPARATE  VIOLATIONS  MAY  BE
 ASSESSED INDIVIDUALLY REGARDLESS OF WHETHER:
   (A)  SUCH  VIOLATIONS  AFFECT  THE  SAME CONSUMER ON MULTIPLE SEPARATE
 OCCASIONS; OR
   (B) SUCH VIOLATIONS OCCUR DURING THE SAME HEATING SEASON  OR  CONTRACT
 PERIOD.
   5.  (A)  THE  DEPARTMENT  SHALL  RECEIVE,  INVESTIGATE  AND ADJUDICATE
 COMPLAINTS ALLEGING VIOLATIONS.
   (B) THE DEPARTMENT SHALL HAVE THE AUTHORITY TO:
   (I) PROMULGATE  RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
 PROVISIONS OF THIS SECTION;
   (II) CONDUCT INVESTIGATIONS AND ADMINISTRATIVE HEARINGS; AND
   (III)  ISSUE  DETERMINATIONS  AND  ADMINISTRATIVE  PENALTY ASSESSMENTS
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (C) THE OFFICE OF THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO:
   (I) INVESTIGATE VIOLATIONS UPON REFERRAL FROM THE DEPARTMENT OR ON ITS
 OWN INITIATIVE;
   (II) COMMENCE CIVIL ACTIONS IN COURTS  OF  COMPETENT  JURISDICTION  TO
 RECOVER PENALTIES IMPOSED PURSUANT TO THIS SECTION; AND
   (III) SEEK INJUNCTIVE RELIEF, RESTITUTION AND ANY OTHER RELIEF AUTHOR-
 IZED BY LAW.
   (D)  NOTHING  IN THIS SUBDIVISION SHALL PRECLUDE COORDINATION WITH ANY
 OTHER APPLICABLE STATE OR LOCAL ENFORCEMENT AUTHORITIES WHERE  APPROPRI-
 ATE.
   6.  ALL  CIVIL  PENALTIES  RECOVERED PURSUANT TO THIS SECTION SHALL BE
 PAID TO THE COMMISSIONER OF TAXATION AND FINANCE  AND  CREDITED  TO  THE
 STATE GENERAL FUND.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE ANY REMEDIES
 AVAILABLE  UNDER  EXISTING CONSUMER PROTECTION, PUBLIC SAFETY OR UTILITY
 REGULATORY LAWS.
   § 2. This act shall take effect immediately.