2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 25 - Penalties.

§ 25. Penalties.  1.  Every  public  utility  company,  corporation or
person and the officers, agents and employees  thereof  shall  obey  and
comply  with  every  provision  of  this  chapter  and  every  order  or
regulation adopted under authority of this chapter so long as  the  same
shall be in force.
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 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.
3.  Notwithstanding the provisions of subdivision two of this section,
any such 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  or  regulation
adopted  under  the  authority of this chapter, adopted specifically for
the protection of  human  safety,  including  but  not  limited  to  the
commission's  code  of gas safety regulations shall, if it is determined
by the commission that such safety violation  caused  or  constituted  a
contributing  factor  in  bringing  about  a  death  or personal injury,
forfeit to the state of New York a sum not to exceed the greater of:
(a) two hundred  and  fifty  thousand  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
(b) the maximum forfeiture determined in accordance  with  subdivision
two of this section.
4.  Notwithstanding  the  provisions of subdivision one or two of this
section, a  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  or
regulation  adopted under authority of this chapter, designed to protect
the overall  reliability  and  continuity  of  electric  service,  shall
forfeit to the state of New York a sum not to exceed the greater of:
(a)  five  hundred  thousand  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
(b)  the  maximum forfeiture determined in accordance with subdivision
two of this section.
5. Penalties provided for pursuant to this section shall be  recovered
in an action as provided in section twenty-four of this article.
6. Any payment made by a public utility company, corporation or person
and  the officers, agents and employees thereof as a result of an action
as provided in section twenty-four of  this  article  and  the  cost  of
litigation  and  investigation  related  to any such action shall not be
included by the commission in revenue  requirements  used  to  establish
rates and charges.
7. In construing and enforcing the provisions of this chapter relating
to forfeitures and penalties, the act of any director, officer, agent or

employee  of  a  public  utility  company,  corporation or person acting
within the scope of his or her official duties or  employment  shall  be
deemed  to  be  the  act  of such public utility company, corporation or
person.