Relates to the appointment and responsibilities of the commissioners of the public service commission; requires the commission to have a duty to protect public interest, including ensuring access to utility services for residential and business customers; prohibits commissioners from having been employed within the last two years by an electric, gas, steam, telecommunications, or water utility that is regulated by the commission.
STATE OF NEW YORK
________________________________________________________________________
10993--A
IN ASSEMBLY
April 14, 2026
___________
Introduced by M. of A. STECK -- 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 commissioners
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, 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 members, to be appointed by the
10 governor, by and with the advice and consent of the senate. A commis-
11 sioner shall be designated as [chairman] chairperson of the commission
12 by the governor to serve in such capacity at the pleasure of the gover-
13 nor or until [his] their term as commissioner expires whichever first
14 occurs. At least [one commissioner] two commissioners shall have experi-
15 ence in utility consumer advocacy. For each new commissioner, the gover-
16 nor shall make appointments to reasonably ensure that the commissioners
17 represent the maximum number of fields specified in subdivision four of
18 this section. No more than three commissioners may be members of the
19 same political party unless, pursuant to action taken under subdivision
20 two of this section, the number of commissioners shall exceed five, and
21 in such event no more than four commissioners may be members of the same
22 political party.
23 2. Notwithstanding subdivision one of this section, whenever the
24 commission shall certify to the governor that additional commissioners
25 are needed for the proper disposition of the business before it, the
26 governor may increase the membership of the commission to seven members
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11584-07-6
A. 10993--A 2
1 by appointing two additional commissioners by and with the advice and
2 consent of the senate. The terms of office of such additional commis-
3 sioners and the filling of vacancies during such terms shall be governed
4 by subdivision three of this section, except that upon the expiration of
5 the terms of such additional commissioners, no further appointments or
6 reappointments shall be made to such additional offices, unless the
7 commission shall first certify to the governor that the need for addi-
8 tional commissioners continues to 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] such commis-
11 sioner shall be appointed and commissioners shall serve on a full-time
12 basis. Upon a vacancy occurring otherwise than by expiration of term in
13 the 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 4. Any commissioner appointed on or after July first, two thousand
17 twenty-two, pursuant to this section shall have education and training,
18 and three or more years of experience in one or more of the following
19 fields: economics[,]; engineering[,]; law[,]; accounting[,]; business
20 management[,]; utility regulation[,] including the regulation of elec-
21 tric, gas, steam, telecommunications, and water; public policy[,];
22 consumer advocacy; or environmental management.
23 5. In carrying out its powers and duties pursuant to this chapter, the
24 commission shall have a duty to protect the public interest. Such duty
25 shall include ensuring affordable, safe, secure, and reliable access to
26 utility services for residential and business customers, including elec-
27 tric, gas, steam, telecommunications, and water. Determinations made or
28 actions taken by the commission in carrying out its duties shall prior-
29 itize the best interests of the utility consumer and affordability for
30 the utility consumer.
31 § 2. Section 9 of the public service law, as amended by chapter 155 of
32 the laws of 1970, is amended to read as follows:
33 § 9. Oath of office; eligibility of commissioners and officers. Each
34 commissioner and each person appointed to office by the [chairman]
35 chairperson shall, before entering upon the duties of [his] their
36 office, take and subscribe the constitutional oath of office. The oaths
37 of office other than those of a commissioner shall be filed in the
38 office of the commission. No person shall be eligible for appointment or
39 shall hold the office of commissioner or be appointed to, or hold, any
40 office or position under the commission, who holds any official relation
41 to any person or corporation subject to the supervision of the commis-
42 sion, or who owns stocks or bonds of any such corporation. No person
43 shall be eligible for appointment or shall hold the office of commis-
44 sioner if in the previous two years they were employed by an electric,
45 gas, steam, telecommunications, or water utility that is regulated by
46 the commission.
47 § 3. This act shall take effect immediately and shall apply to any
48 commissioner appointed on or after such date.
