BILL NUMBER: S7228
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 one of the bill 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 negli-
gence of its employees, servants, or agents. Any such schedule currently
filed is deemed void as against public Policy.
Section two of the bill sets the effective date.
 
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:
2023-24: S173 (Gianaris) died in Energy & Telecommunications
2021-22: S1247 (Gianaris) died in Energy & Telecommunications
2019-20: S1284 (Gianaris) died in Energy & Telecommunications
2017-18: S2674 (Gianaris) died in Energy & Telecommunications
2015-16: S2431 (Gianaris) died in Energy & Telecommunications
2013-14: S566 (Gianaris) died in Energy & Telecommunications
2011-12: S2533 (Gianaris) died in Energy & Telecommunications
2009-10: A1555 (Gianaris) died in corporations, authorities and commis-
sions
2007-08: A8334 (Gianaris) died in corporations, authorities and commis-
sions
2005: A59 (Sanders) died in corporations, authorities and commissions
2003-04: A5528 (Sanders) died in corporations, authorities and commis-
sions
2001-02: A2874 (Sanders) died in codes
First introduced in 1982: S2500 (Connor) / A2810 (Hirsh)
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7228: 66 public service law, 66(12) public service law