Assembly Bill A10780

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10780
 
                           I N  A S S E M B L Y
 
                               April 1, 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  improper denial of propane service to consumers
   located within a company's designated service territory, providing for
   enforcement by the department of public service and the office of  the
   attorney  general, 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. IMPROPER DENIAL  OF  PROPANE  SERVICE;  PENALTIES.  1.  FOR  THE
 PURPOSES  OF  THIS SECTION, AN "IMPROPER DENIAL OF SERVICE" BY A PROPANE
 COMPANY OCCURS WHEN:
   (A) A CONSUMER  RESIDES  WITHIN  SUCH  PROPANE  COMPANY'S  ESTABLISHED
 SERVICE AREA OR DELIVERY TERRITORY;
   (B) SUCH PROPANE COMPANY OPERATES AND REGULARLY PROVIDES SERVICE WITH-
 IN  THE  GEOGRAPHIC  AREA  OF  SUCH ESTABLISHED SERVICE AREA OR DELIVERY
 TERRITORY; AND
   (C) SUCH PROPANE COMPANY DENIES SERVICE TO SUCH CONSUMER  FOR  REASONS
 OF  CONVENIENCE,  ROUTE  EFFICIENCY, OR PREFERENCE NOT TO DEVIATE FROM A
 FASTER, MORE EFFICIENT, OR MORE PROFITABLE DELIVERY ROUTE.
   2. A PROPANE COMPANY SHALL BE SUBJECT TO A CIVIL PENALTY IN AN  AMOUNT
 WHICH  SHALL BE DETERMINED BY THE DEPARTMENT, BUT WHICH SHALL NOT EXCEED
 ONE HUNDRED THOUSAND DOLLARS, FOR EACH IMPROPER  DENIAL  OF  SERVICE  BY
 SUCH PROPANE COMPANY.
   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 CIRCUMSTANCES  AND  SERIOUSNESS  OF  THE  IMPROPER  DENIAL  OF
 SERVICE;
   (B)  WHETHER  THE  IMPROPER DENIAL OF SERVICE WAS WILLFUL OR PART OF A
 PATTERN OR PRACTICE OF DENYING SERVICE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15324-01-6
 A. 10780                            2
 
   (C) THE NUMBER  OF  CONSUMERS  AFFECTED  BY  THE  IMPROPER  DENIAL  OF
 SERVICE;
   (D)  ANY  RISK TO PUBLIC HEALTH, SAFETY OR PROPERTY RESULTING FROM THE
 IMPROPER DENIAL OF SERVICE; AND
   (E) ANY GOOD FAITH EFFORTS  BY  THE  PROPANE  COMPANY  TO  REMEDY  THE
 IMPROPER DENIAL OF SERVICE.
   4.  EACH  IMPROPER  DENIAL  OF  SERVICE  SHALL  CONSTITUTE  A SEPARATE
 VIOLATION. MULTIPLE SEPARATE VIOLATIONS  MAY  BE  ASSESSED  INDIVIDUALLY
 REGARDLESS OF WHETHER:
   (A)  SUCH  VIOLATIONS INVOLVE THE SAME CONSUMER ON MULTIPLE OCCASIONS;
 OR
   (B) MULTIPLE CONSUMERS WITHIN THE SAME SERVICE  TERRITORY  ARE  DENIED
 SERVICE.
   5.  (A)  THE  DEPARTMENT  SHALL  RECEIVE,  INVESTIGATE  AND ADJUDICATE
 COMPLAINTS ALLEGING IMPROPER DENIALS OF SERVICE.
   (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 IMPROPER DENIALS OF SERVICE  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. THE PENALTIES ESTABLISHED PURSUANT TO THIS  SECTION  SHALL  NOT  BE
 CONSTRUED  TO  PRECLUDE ANY ADDITIONAL REMEDIES AVAILABLE UNDER EXISTING
 CONSUMER PROTECTION, PUBLIC SAFETY OR UTILITY REGULATORY LAWS.
   § 2. This act shall take effect immediately.