Bill Text: NY A05771 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes a public service commission nominating board to make recommendations of persons qualified for appointment as commissioners of the public service commission.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2016-01-06 - referred to corporations, authorities and commissions [A05771 Detail]
Download: New_York-2015-A05771-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5771
2015-2016 Regular Sessions
I N A S S E M B L Y
March 4, 2015
___________
Introduced by M. of A. KAVANAGH, BENEDETTO, COOK, GALEF, JAFFEE, MARKEY,
MILLER, ROBINSON, ROSENTHAL -- Multi-Sponsored by -- M. of A. CYMBROW-
ITZ, DINOWITZ, GOTTFRIED, McDONOUGH, PERRY -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to the appointment
of members of 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 is amended by adding a
2 new subdivision 4 to read as follows:
3 4. TO ENSURE THE HIGHEST STANDARD OF PUBLIC UTILITY REGULATION, ANY
4 PERSON APPOINTED AS A COMMISSIONER PURSUANT TO THE PROVISIONS OF THIS
5 SECTION SHALL BE QUALIFIED FOR SUCH APPOINTMENT AS PROVIDED IN SECTION
6 FOUR-A OF THIS ARTICLE.
7 S 2. The public service law is amended by adding a new section 4-a to
8 read as follows:
9 S 4-A. PUBLIC SERVICE COMMISSION NOMINATING BOARD. 1. ANY PERSON
10 APPOINTED AS A COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION FOUR
11 OF THIS ARTICLE SHALL (A) HAVE EDUCATION AND TRAINING, AND THREE OR MORE
12 YEARS OF EXPERIENCE IN ONE OR MORE OF THE FOLLOWING FIELDS: ECONOMICS,
13 ENGINEERING, LAW, ACCOUNTING, BUSINESS MANAGEMENT, UTILITY REGULATION,
14 PUBLIC POLICY, CONSUMER ADVOCACY OR ENVIRONMENTAL MANAGEMENT; AND (B)
15 SHALL BE SELECTED FROM A LIST OF INDIVIDUALS NOMINATED AS PROVIDED IN
16 SUBDIVISION TWO OF THIS SECTION.
17 2. (A) THERE SHALL BE ESTABLISHED IN THE DEPARTMENT A PUBLIC SERVICE
18 COMMISSION NOMINATING BOARD CONSISTING OF THE FOLLOWING:
19 (1) A REPRESENTATIVE OF THE UTILITY INTERVENTION UNIT OF THE CONSUMER
20 PROTECTION DIVISION APPOINTED BY THE SECRETARY OF STATE;
21 (2) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
22 MENT AUTHORITY, OR HIS OR HER DESIGNEE;
23 (3) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR HIS OR HER DESIGNEE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03172-01-5
A. 5771 2
1 (4) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, OR HIS OR HER
2 DESIGNEE;
3 (5) THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE;
4 (6) A PROFESSIONAL ENGINEER APPOINTED BY THE COMMISSIONER OF EDUCA-
5 TION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
6 (7) A CERTIFIED PUBLIC ACCOUNTANT APPOINTED BY THE COMMISSIONER OF
7 EDUCATION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
8 (8) A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER APPOINTED BY THE DIREC-
9 TOR OF THE STATE OFFICE FOR THE AGING, TO SERVE AT THE PLEASURE OF SUCH
10 DIRECTOR;
11 (9) A REPRESENTATIVE OF BUSINESS ENTITIES REGULATED BY THE COMMISSION,
12 APPOINTED BY THE GOVERNOR, TO SERVE AT THE PLEASURE OF THE GOVERNOR;
13 (10) A REPRESENTATIVE OF BUSINESS ENTITIES THAT ARE NOT REGULATED BY
14 THE COMMISSION, APPOINTED BY THE GOVERNOR, TO SERVE AT THE PLEASURE OF
15 THE GOVERNOR;
16 (11) A REPRESENTATIVE OF LABOR APPOINTED BY THE GOVERNOR, TO SERVE AT
17 THE PLEASURE OF THE GOVERNOR;
18 (12) TWO MEMBERS OF THE PUBLIC APPOINTED BY THE SPEAKER OF THE ASSEM-
19 BLY, TO SERVE AT THE PLEASURE OF THE SPEAKER;
20 (13) TWO MEMBERS OF THE PUBLIC APPOINTED BY THE TEMPORARY PRESIDENT OF
21 THE SENATE, TO SERVE AT THE PLEASURE OF THE TEMPORARY PRESIDENT;
22 (14) A MEMBER OF THE PUBLIC APPOINTED BY THE MINORITY LEADER OF THE
23 ASSEMBLY, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER; AND
24 (15) A MEMBER OF THE PUBLIC APPOINTED BY THE MINORITY LEADER OF THE
25 SENATE, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER.
26 (B) AT ITS INITIAL MEETING IN EACH CALENDAR YEAR, SUCH BOARD SHALL
27 SELECT FROM AMONG ITS MEMBERS A CHAIRPERSON. THE BOARD MAY ADOPT BYLAWS
28 GOVERNING ITS PROCEEDINGS.
29 (C) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL KEEP A RECORD
30 OF ITS PROCEEDINGS. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIRPERSON,
31 AND SHALL BE CALLED BY THE CHAIRPERSON UPON RECEIPT OF A WRITTEN REQUEST
32 FOR A MEETING SIGNED BY TWO OR MORE MEMBERS OF THE BOARD. WRITTEN NOTICE
33 OF THE TIME AND PLACE OF EACH MEETING SHALL BE SENT TO EACH MEMBER OF
34 THE BOARD.
35 (D) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL:
36 (1) REVIEW AND EVALUATE POSSIBLE APPOINTEES FOR THE OFFICE OF COMMIS-
37 SIONER OF THE COMMISSION;
38 (2) NOT MORE THAN EIGHTY-FIVE NOR LESS THAN SIXTY DAYS PRIOR TO THE
39 EXPIRATION OF THE TERM OF A COMMISSIONER, OR NOT MORE THAN THIRTY DAYS
40 AFTER THE DEATH OR RESIGNATION OF OR TERMINATION OF SERVICE BY, A
41 COMMISSIONER, PROVIDE THE GOVERNOR WITH A LIST OF FOUR INDIVIDUALS MEET-
42 ING THE QUALIFICATIONS OF THIS SECTION WHO ARE, IN THE JUDGMENT OF THE
43 BOARD, THE MOST FULLY QUALIFIED TO SERVE ON THE COMMISSION. THE BOARD
44 SHALL NOT INCLUDE THE NAME OF AN INDIVIDUAL UPON ANY SUCH LIST IF THE
45 APPOINTMENT OF THAT INDIVIDUAL BY THE GOVERNOR WOULD RESULT IN A GREATER
46 NUMBER OF MEMBERS OF THE COMMISSION BELONGING TO THE SAME POLITICAL
47 PARTY THAN IS PERMITTED PURSUANT TO SECTION FOUR OF THIS ARTICLE.
48 (3) IN REVIEWING AND EVALUATING POSSIBLE APPOINTEES FOR THE OFFICE OF
49 COMMISSIONER OF THE COMMISSION, THE BOARD MAY ACCEPT COMMENTS FROM,
50 COOPERATE WITH AND REQUEST INFORMATION FROM ANY PERSON.
51 (E) WITHIN THIRTY DAYS OF RECEIPT OF THE BOARD'S RECOMMENDATIONS, THE
52 GOVERNOR SHALL APPOINT ONE OF THE PERSONS RECOMMENDED BY THE BOARD TO
53 FILL A VACANCY OCCURRING IN THE OFFICE OF COMMISSIONER. NOTHING IN THIS
54 SECTION SHALL PREVENT THE GOVERNOR IN THE GOVERNOR'S DISCRETION FROM
55 REJECTING ALL OF THE NOMINEES OF THE BOARD AND RECONVENING THE BOARD IN
56 ORDER TO SELECT FOUR ADDITIONAL NOMINEES. HOWEVER, WHEN THE GOVERNOR HAS
A. 5771 3
1 RECONVENED THE BOARD AND THE BOARD HAS PROVIDED THE GOVERNOR WITH A
2 SECOND LIST OF FOUR NAMES, THE GOVERNOR SHALL MAKE THE APPOINTMENT FROM
3 ONE OF THE NAMES ON THE FIRST LIST OR THE SECOND LIST.
4 (F) THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
5 SERVICES ON THE BOARD BUT SHALL BE ENTITLED TO REIMBURSEMENT OF THEIR
6 ACTUAL AND NECESSARY EXPENSES.
7 S 3. This act shall take effect on the one hundred twentieth day after
8 it shall have become a law.
