Bill Text: NY S00137 | 2021-2022 | General Assembly | Introduced

Bill Title: Increases the number of members in the public service commission from five to seven members and provides requirements for certain members of the commission.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2021-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00137 Detail]

Download: New_York-2021-S00137-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                    IN SENATE


                                     January 6, 2021

          SALAZAR  --  read  twice  and  ordered printed, and when printed to be
          committed to the Committee on Energy and Telecommunications

        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, is amended to read as follows:
     3    § 4. The public service commission.  1. There shall be in the  depart-
     4  ment  of public service a public service commission, which shall possess
     5  the powers and duties hereinafter specified, and also all powers  neces-
     6  sary  or  proper to enable it to carry out the purposes of this chapter.
     7  The commission shall consist of [five] seven members, to be appointed by
     8  the governor, by and with the advice and consent of the senate. At least
     9  two members of the commission  shall  have  significant  backgrounds  in
    10  utility consumer advocacy.  Members of the commission shall be chosen to
    11  be  representative of the racial, ethnic and geographic diversity of the
    12  state. A commissioner shall be designated as chairman of the  commission
    13  by  the governor to serve in such capacity at the pleasure of the gover-
    14  nor or until his or her term as  commissioner  expires  whichever  first
    15  occurs.  No  more  than [three] five commissioners may be members of the
    16  same political party [unless, pursuant to action taken under subdivision
    17  two, the number of commissioners shall exceed five, and in such event no
    18  more than four commissioners  may  be  members  of  the  same  political
    19  party].
    20    2.  [Notwithstanding  subdivision  one,  whenever the commission shall
    21  certify to the governor that additional commissioners are needed for the
    22  proper disposition of the business before it, the governor may  increase
    23  the  membership  of  the  commission  to seven members by appointing two

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 137                              2

     1  additional commissioners by and with  the  advice  and  consent  of  the
     2  senate.  The  terms  of  office of such additional commissioners and the
     3  filling of vacancies during such terms shall be governed by  subdivision
     4  three,  except  that upon the expiration of the terms of such additional
     5  commissioners, no further appointments or reappointments shall  be  made
     6  to such additional offices, unless the commission shall first certify to
     7  the  governor  that  the  need for additional commissioners continues to
     8  exist.
     9    3.] The term of office of a commissioner shall be six years  from  the
    10  first  day  of February of the calendar year in which he or she shall be
    11  appointed and commissioners shall serve on a  full-time  basis.  Upon  a
    12  vacancy [occuring] occurring otherwise than by expiration of term in the
    13  office  of  any  commissioner,  the governor, by and with the advice and
    14  consent of the senate, shall fill the vacancy  by  appointment  for  the
    15  unexpired term.
    16    § 2. This act shall take effect immediately.