S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10995
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Dinowitz,
   Jaffee, Simon, Stern, Taylor, Dickens, Thiele, Barron, Weprin, Mosley,
   Simotas, D'Urso, Arroyo) -- read once and referred to the Committee on
   Corporations, Authorities and Commissions
 
 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:
 
   Section 1. Subdivision 2, paragraph (a) of subdivision 3 and paragraph
 (a) of subdivision 4 of section 25 the public service law, as amended by
 chapter 375 of the laws of 1986, are amended to read as follows:
   2. Any public utility company, corporation or person and the officers,
 agents and employees thereof that knowingly fails or neglects to obey or
 comply  with  a  provision  of  this  chapter  or an order adopted under
 authority of this chapter so long as the same shall be in  force,  shall
 forfeit  to the people of the state of New York a sum not exceeding [one
 hundred thousand] TWO MILLION dollars constituting a civil  penalty  for
 each  and every offense and, in the case of a continuing violation, each
 day shall be deemed a separate and distinct offense.
   (a) [two hundred and fifty thousand] FIVE MILLION dollars constituting
 a civil penalty for each separate and distinct offense; provided, howev-
 er, that for purposes  of  this  paragraph  each  day  of  a  continuing
 violation shall not be deemed a separate and distinct offense. The total
 period  of  a continuing violation, as well as every distinct violation,
 shall be similarly treated  as  a  separate  and  distinct  offense  for
 purposes of this paragraph; or
   (a)  [five  hundred thousand] TEN MILLION dollars constituting a civil
 penalty for each separate and distinct offense; provided, however,  that
 for  purposes of this paragraph each day of a continuing violation shall
 not be deemed a separate and distinct offense. The  total  period  of  a
 continuing  violation,  as  well  as  every distinct violation, shall be
 similarly treated as a separate and distinct  offense  for  purposes  of
 this paragraph; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17201-01-0

 A. 10995                            2
 
   § 2. Subdivision 3, subparagraph (i) of paragraph (b) of subdivision 4
 and paragraph (a) of subdivision 5 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,
 are amended to read as follows:
   3.  Any  combination  gas  and  electric corporation determined by the
 commission to have failed to reasonably comply as shown by a  preponder-
 ance  of the evidence with a provision of this chapter, regulation or an
 order adopted under authority of this chapter so long as the same  shall
 be  in  force  shall  forfeit  a  sum  not exceeding the greater of [one
 hundred thousand] TWO MILLION  dollars  or  two  one-hundredths  of  one
 percent  of  the annual intrastate gross operating revenue of the corpo-
 ration, not including taxes paid to and revenues collected on behalf  of
 government  entities,  constituting  a  civil penalty for each and every
 offense and, in the case of a continuing violation, each  day  shall  be
 deemed a separate and distinct offense.
   (i)  [two  hundred  fifty thousand] FIVE MILLION dollars or three one-
 hundredths of one percent  of  the  annual  intrastate  gross  operating
 revenue  of  the  corporation,  not including taxes paid to and revenues
 collected on  behalf  of  government  entities,  whichever  is  greater,
 constituting  a  civil  penalty  for each separate and distinct offense;
 provided, however, that for purposes of this paragraph, each  day  of  a
 continuing  violation  shall  not  be  deemed  a  separate  and distinct
 offense. The total period of a continuing violation, as  well  as  every
 distinct  violation,  shall  be  similarly  treated  as  a  separate and
 distinct offense for purposes of this paragraph; or
   (a) [five hundred thousand] TEN MILLION dollars or four one-hundredths
 of one percent of the annual intrastate gross operating revenue  of  the
 corporation,  not  including  taxes  paid  to  and revenues collected on
 behalf of government entities,  whichever  is  greater,  constituting  a
 civil penalty for each separate and distinct offense; provided, however,
 that  for  purposes of this paragraph each day of a continuing violation
 shall not be deemed a separate and distinct offense. The total period of
 a continuing violation, as well as every  distinct  violation  shall  be
 similarly  treated  as  a  separate and distinct offense for purposes of
 this paragraph; or
   § 3. This act shall take effect immediately.