Bill Text: NY A04405 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases the number of members in the public service commission from five to seven members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A04405 Detail]

Download: New_York-2023-A04405-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4405

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Corporations, Authorities and Commissions

        AN ACT to amend the public service law, in relation to membership in the
          public service commission

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 4 of the public service law, as amended by chapter
     2  155 of the laws of 1970, subdivision 1 as amended by chapter 594 of  the
     3  laws  of  2021  and subdivision 4 as added by chapter 584 of the laws of
     4  2021, is amended to read as follows:
     5    § 4. The public service commission. 1. There shall be in  the  depart-
     6  ment  of public service a public service commission, which shall possess
     7  the powers and duties hereinafter specified, and also all powers  neces-
     8  sary  or  proper to enable it to carry out the purposes of this chapter.
     9  The commission shall consist of [five] seven members, to be appointed by
    10  the governor, by and with the advice and consent of  the  senate.    Two
    11  members of the commission shall be selected from a not-for-profit organ-
    12  ization  with  a mission of consumer protection and/or social justice or
    13  having a background in consumer protection and/or social justice.    One
    14  member  of  the  seven member commission shall be a resident of a nonat-
    15  tainment area. A commissioner shall be designated  as  chairman  of  the
    16  commission  by the governor to serve in such capacity at the pleasure of
    17  the governor or until his or her term as commissioner expires  whichever
    18  first occurs. At least one commissioner shall have experience in utility
    19  consumer  advocacy.  No  more  than  [three]  five  commissioners may be
    20  members of the same political party [unless, pursuant  to  action  taken
    21  under subdivision two of this section, the number of commissioners shall
    22  exceed  five,  and  in such event no more than four commissioners may be
    23  members of the same political party].
    24    2. [Notwithstanding subdivision one,  whenever  the  commission  shall
    25  certify to the governor that additional commissioners are needed for the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06733-01-3
        A. 4405                             2

     1  proper  disposition of the business before it, the governor may increase
     2  the membership of the commission to  seven  members  by  appointing  two
     3  additional  commissioners  by  and  with  the  advice and consent of the
     4  senate.  The  terms  of  office of such additional commissioners and the
     5  filling of vacancies during such terms shall be governed by  subdivision
     6  three,  except  that upon the expiration of the terms of such additional
     7  commissioners, no further appointments or reappointments shall  be  made
     8  to such additional offices, unless the commission shall first certify to
     9  the  governor  that  the  need for additional commissioners continues to
    10  exist.
    11    3.] The term of office of a commissioner shall be six years  from  the
    12  first  day  of February of the calendar year in which he or she shall be
    13  appointed and commissioners shall serve on a  full-time  basis.  Upon  a
    14  vacancy [occuring] occurring otherwise than by expiration of term in the
    15  office  of  any  commissioner,  the governor, by and with the advice and
    16  consent of the senate, shall fill the vacancy  by  appointment  for  the
    17  unexpired term.
    18    [4.]3. Any commissioner appointed on or after July first, two thousand
    19  twenty-two,  pursuant to this section shall have education and training,
    20  and three or more years of experience in one or more  of  the  following
    21  fields:  economics,  engineering,  law, accounting, business management,
    22  utility regulation, public policy, consumer  advocacy  or  environmental
    23  management.
    24    § 2. This act shall take effect immediately.