Bill Text: NY A07300 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 7300 (Prior Session Legislation)

Bill Title: Relates to the membership of the public service commission.

Spectrum: Strong Partisan Bill (Democrat 31-3)

Status: (Introduced - Dead) 2016-01-06 - referred to corporations, authorities and commissions [A07300 Detail]

Download: New_York-2015-A07300-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7300--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2015
                                      ___________
       Introduced  by  M.  of  A.  BRENNAN, BRONSON, GOTTFRIED, JAFFEE, KEARNS,
         LINARES, MAYER,  MOSLEY,  SILVER,  SIMON,  TITONE,  CAHILL,  ORTIZ  --
         Multi-Sponsored  by  -- M.   of A. ABBATE, BLAKE, COOK, DAVILA, ENGLE-
         BRIGHT, GLICK, GUNTHER, HEVESI,  HIKIND,  LENTOL,  MARKEY,  McDONOUGH,
         MONTESANO,  NOLAN,  RAIA, RIVERA, SCHIMMINGER, THIELE -- read once and
         referred to the Committee on Corporations, Authorities and Commissions
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       AN ACT to amend the public service law, in relation to the membership 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, as amended by  chapter
    2  155 of the laws of 1970, is amended to read as follows:
    3    S  4.  The  public  service  commission.  (A) 1. There shall be in the
    4  department of public service a public service  commission,  which  shall
    5  possess the powers and duties hereinafter specified, and also all powers
    6  necessary or proper to enable it to carry out the purposes of this chap-
    7  ter.  The commission shall consist of [five] ELEVEN members, NINE VOTING
    8  AND TWO NON-VOTING, AS FOLLOWS: SEVEN VOTING MEMBERS to be appointed  by
    9  the governor, by and with the advice and consent of the senate, ONE UPON
   10  THE  RECOMMENDATION OF THE ATTORNEY GENERAL AND ONE UPON THE RECOMMENDA-
   11  TION OF THE STATE COMPTROLLER; ONE VOTING MEMBER APPOINTED BY THE SPEAK-
   12  ER OF THE ASSEMBLY; ONE VOTING MEMBER APPOINTED BY THE TEMPORARY  PRESI-
   13  DENT  OF THE SENATE; AND ONE NON-VOTING MEMBER APPOINTED BY THE MINORITY
   14  LEADER OF THE ASSEMBLY AND ONE NON-VOTING MEMBER APPOINTED BY THE MINOR-
   15  ITY LEADER OF THE SENATE. [A commissioner shall be designated as  chair-
   16  man  of  the commission by the governor to serve in such capacity at the
   17  pleasure of the governor or  until  his  term  as  commissioner  expires
   18  whichever  first occurs. No more than three commissioners may be members
   19  of the same political party  unless,  pursuant  to  action  taken  under
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10415-03-5
       A. 7300--A                          2
    1  subdivision  two,  the number of commissioners shall exceed five, and in
    2  such event no more than four commissioners may be members  of  the  same
    3  political  party.]  THE  VOTING  MEMBERS OF THE COMMISSION SHALL ELECT A
    4  CHAIRPERSON FROM AMONG ITS MEMBERS.
    5    (B)  TO  THE  MAXIMUM EXTENT POSSIBLE, THE COMMISSIONERS SHALL POSSESS
    6  BROAD AND EXTENSIVE KNOWLEDGE AND EXPERIENCE IN THE AREAS OF ENERGY  AND
    7  TELECOMMUNICATIONS  ISSUES, FINANCING AND REGULATION OF UTILITIES, RATE-
    8  MAKING, OR CONSUMER PROTECTION AND ADVOCACY.
    9    2. [Notwithstanding subdivision one,  whenever  the  commission  shall
   10  certify to the governor that additional commissioners are needed for the
   11  proper  disposition of the business before it, the governor may increase
   12  the membership of the commission to  seven  members  by  appointing  two
   13  additional  commissioners  by  and  with  the  advice and consent of the
   14  senate. The terms of office of such  additional  commissioners  and  the
   15  filling  of vacancies during such terms shall be governed by subdivision
   16  three, except that upon the expiration of the terms of  such  additional
   17  commissioners,  no  further appointments or reappointments shall be made
   18  to such additional offices, unless the commission shall first certify to
   19  the governor that the need for  additional  commissioners  continues  to
   20  exist.
   21    3.]  The  term of office of a commissioner shall be six years from the
   22  first day of February  of  the  calendar  year  in  which  he  shall  be
   23  appointed  and  commissioners  shall  serve on a full-time basis. Upon a
   24  vacancy occurring otherwise than by expiration of term in the office  of
   25  any  commissioner,  [the governor, by and with the advice and consent of
   26  the senate,] THE APPROPRIATE APPOINTING AUTHORITY DESCRIBED IN  SUBDIVI-
   27  SION  ONE  OF THIS SECTION shall fill the vacancy by appointment for the
   28  unexpired term, PROVIDED THAT ANY APPOINTMENT MADE BY  THE  GOVERNOR  TO
   29  FILL  A  VACANCY  PURSUANT  TO THIS SUBDIVISION SHALL BE BY AND WITH THE
   30  ADVICE AND CONSENT OF THE SENATE.
   31    S 2. This act shall take effect immediately.