NY State Senate Bill 2023-S173

Senate Bill S173

2023-2024 Legislative Session

Prohibits any gas or electric corporation from absolving itself from liability for service interruption arising from liability of employee negligence

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Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Jan 04, 2023	referred to energy and telecommunications

co-Sponsors

2023-S173 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2533
2013-2014: S566
2015-2016: S2431
2017-2018: S2674
2019-2020: S1284
2021-2022: S1247

2023-S173 (ACTIVE) - Summary

Prohibits gas and electric corporations from filing any schedules setting forth rules or regulations which absolve or attempt to absolve such corporations from liability for the interruption of its supply of service arising from the ordinary negligence of its employees, servants or agents; provides that any such schedules filed are void as against public policy.

2023-S173 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S173

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the public service law, in relation to the liability of
gas and electric corporations arising from the negligence of their
employees, servants or agents

 
PURPOSE:

Prohibits any gas or electric corporation from absolving itself from
liability for service interruption arising from liability of employee
negligence

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 12 of § 66 of the Public Service Law to
prohibit the filing by gas or electric corporations of any schedules
absolving any such corporation from liability for the interruption of
its supply of services arising from the ordinary negligence of its
employees, servants, or agents. Any such schedule currently filed is

deemed void as against public Policy.

Section 2 sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

A Task Force convened in response to a massive power outage in western
Queens in 2011 found inadequacy in Consolidated Edison's policies
regarding reimbursement for its failure to deliver a safe and adequate
supply of electricity, as the Public Service Law requires.  One funda-
mental barrier to the public's ability to be appropriately compensated
is the current language in the tariffs filed by electric and gas utili-
ties disclaiming any responsibility for disruptions of service, except
in cases of gross negligence. This is further evidenced by continued
power outages recently experienced by New Yorkers throughout Tropical
Storm Isaias.

The Task Force recommended that the Legislature should amend the Public
Service Law to remove the tariff bar against suits for damages from
outages due to simple negligence. This bill would eliminate the liabil-
ity shield utility companies enjoy during service interruption if utili-
ty negligence is proven.

 
LEGISLATIVE HISTORY:

2022: Died in Energy and Telecommunications

2021: Died in Energy and Telecommunications

2020: Died in Energy and Telecommunications

2019: Died in Energy and Telecommunications

2018: Died in Energy and Telecommunications

2017: Died in Energy and Telecommunications

2016: Died in Energy and Telecommunications

2015: Died in Energy and Telecommunications

2014: Died in Energy and Telecommunications

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
Immediately.

2023-S173 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    173
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GIANARIS, HOYLMAN -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Energy and Tele-
   communications
 
 AN ACT to amend the public service law, in relation to the liability  of
   gas  and  electric  corporations  arising from the negligence of their
   employees, servants or agents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
    Section 1.  Subdivision 12 of section 66 of the public service law is
 amended by adding a new undesignated paragraph to read as follows:
   NOTHING  CONTAINED  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO, AND NO
 RULE, REGULATION, ORDER OR PRACTICE OF THE  COMMISSION  SHALL  AUTHORIZE
 THE  FILING BY ANY GAS CORPORATION OR ELECTRIC CORPORATION OF ANY SCHED-
 ULE SETTING FORTH RULES OR REGULATIONS  RELATING  TO  RATES  OR  SERVICE
 WHICH,  IN  WORDS  OR  EFFECT, ABSOLVE OR ATTEMPT TO ABSOLVE SUCH CORPO-
 RATION FROM LIABILITY FOR THE INTERRUPTION  OF  ITS  SUPPLY  OF  SERVICE
 ARISING  FROM  THE  ORDINARY  NEGLIGENCE  OF  ITS EMPLOYEES, SERVANTS OR
 AGENTS.  ANY PART OF ANY SCHEDULE  FILED  BY  SUCH  CORPORATION  SETTING
 FORTH  ANY SUCH RULES OR REGULATIONS RELATING TO ABSOLUTION FROM LIABIL-
 ITY SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01962-01-3

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Senate Bill S173

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Sponsored By

Michael Gianaris