New York S 2301: Relates to civil penalties on certain public utility companies, corporations or persons and the officers, agents and employees thereof

Bill Text

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S02301 Summary:

BILL NOS02301 

&nbsp

SAME ASSAME AS A01299

&nbsp

SPONSORBAILEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§25 & 25-a, Pub Serv L

&nbsp

Increases civil penalties on certain combination gas and electric corporations that fail to comply with the public service law.

Go to top S02301 Actions:

BILL NOS02301 

&nbsp

01/16/2025REFERRED TO ENERGY AND TELECOMMUNICATIONS

01/07/2026REFERRED TO ENERGY AND TELECOMMUNICATIONS

Go to topS02301 Committee&nbspVotes:

Go to topS02301 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02301 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2301

 2025-2026 Regular Sessions

 IN SENATE

 January 16, 2025
 ___________

 Introduced by Sen. BAILEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Energy and Telecommuni-
 cations

 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:

 1 Section 1. Subdivision 2, paragraph (a) of subdivision 3 and paragraph
 2 (a) of subdivision 4 of section 25 the public service law, as amended by
 3 chapter 375 of the laws of 1986, are amended to read as follows:
 4 2. Any public utility company, corporation or person and the officers,
 5 agents and employees thereof that knowingly fails or neglects to obey or
 6 comply with a provision of this chapter or an order adopted under
 7 authority of this chapter so long as the same shall be in force, shall
 8 forfeit to the people of the state of New York a sum not exceeding [one
 9 hundred thousand] two million dollars constituting a civil penalty for
 10 each and every offense and, in the case of a continuing violation, each
 11 day shall be deemed a separate and distinct offense.
 12 (a) [two hundred and fifty thousand] five million dollars constituting
 13 a civil penalty for each separate and distinct offense; provided, howev-
 14 er, that for purposes of this paragraph each day of a continuing
 15 violation shall not be deemed a separate and distinct offense. The total
 16 period of a continuing violation, as well as every distinct violation,
 17 shall be similarly treated as a separate and distinct offense for
 18 purposes of this paragraph; or
 19 (a) [five hundred thousand] ten million dollars constituting a civil
 20 penalty for each separate and distinct offense; provided, however, that
 21 for purposes of this paragraph each day of a continuing violation shall
 22 not be deemed a separate and distinct offense. The total period of a
 23 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.
 LBD03243-01-5

 S. 2301 2

 1 similarly treated as a separate and distinct offense for purposes of
 2 this paragraph; or
 3 § 2. Subdivision 3, subparagraph (i) of paragraph (b) of subdivision 4
 4 and paragraph (a) of subdivision 5 of section 25-a of the public service
 5 law, as added by section 2 of part X of chapter 57 of the laws of 2013,
 6 are amended to read as follows:
 7 3. Any combination gas and electric corporation determined by the
 8 commission to have failed to reasonably comply as shown by a preponder-
 9 ance of the evidence with a provision of this chapter, regulation or an
 10 order adopted under authority of this chapter so long as the same shall
 11 be in force shall forfeit a sum not exceeding the greater of [one
 12 hundred thousand] two million dollars or two one-hundredths of one
 13 percent of the annual intrastate gross operating revenue of the corpo-
 14 ration, not including taxes paid to and revenues collected on behalf of
 15 government entities, constituting a civil penalty for each and every
 16 offense and, in the case of a continuing violation, each day shall be
 17 deemed a separate and distinct offense.
 18 (i) [two hundred fifty thousand] five million dollars or three one-
 19 hundredths of one percent of the annual intrastate gross operating
 20 revenue of the corporation, not including taxes paid to and revenues