NY State Senate Bill 2021-S1247

Senate Bill S1247

2021-2022 Legislative Session

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

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Archive: Last 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 05, 2022	referred to energy and telecommunications
Jan 08, 2021	referred to energy and telecommunications

co-Sponsors

2021-S1247 (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
2023-2024: S173

2021-S1247 (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 and provides that any such schedules filed are void as against public policy.

2021-S1247 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1247

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:

 
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:

 
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:

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:

 
EFFECTIVE DATE:
Immediately.

2021-S1247 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1247
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 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.
                                                            LBD03090-01-1

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Senate Bill S1247

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Sponsored By

Michael Gianaris