Increases the number of commissioners of the public service commission to nine; 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
________________________________________________________________________
7328
2025-2026 Regular Sessions
IN SENATE
April 10, 2025
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
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] nine members, to be appointed by
10 the governor, by and with the advice and consent of the senate. A
11 commissioner shall be designated as [chairman] chairperson of the
12 commission by the governor to serve in such capacity at the pleasure of
13 the governor or until [his] their term as commissioner expires whichever
14 first occurs. At least [one commissioner] two commissioners shall have
15 experience in utility consumer advocacy and at least one commissioner
16 shall have organized labor experience. For each new commissioner, the
17 governor shall make appointments to reasonably ensure that the commis-
18 sioners represent the maximum number of fields specified in subdivision
19 three of this section. 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11584-01-5
S. 7328 2
1 2. Notwithstanding subdivision one, whenever the commission shall
2 certify to the governor that additional commissioners are needed for the
3 proper disposition of the business before it, the governor may increase
4 the membership of the commission to seven members by appointing two
5 additional commissioners by and with the advice and consent of the
6 senate. The terms of office of such additional commissioners and the
7 filling of vacancies during such terms shall be governed by subdivision
8 three, except that upon the expiration of the terms of such additional
9 commissioners, no further appointments or reappointments shall be made
10 to such additional offices, unless the commission shall first certify to
11 the governor that the need for additional commissioners continues to
12 exist].
13 [3.] 2. The term of office of a commissioner shall be six years from
14 the first day of February of the calendar year in which [he] such
15 commissioner shall be appointed and commissioners shall serve on a full-
16 time basis. Upon a vacancy occurring otherwise than by expiration of
17 term in the office of any commissioner, the governor, by and with the
18 advice and consent of the senate, shall fill the vacancy by appointment
19 for the unexpired term.
20 [4.] 3. Any commissioner appointed on or after July first, two thou-
21 sand twenty-two, pursuant to this section shall have education and
22 training, and three or more years of experience in one or more of the
23 following fields: economics[,]; engineering[,]; law[,]; accounting[,];
24 business management[,]; utility regulation including the regulation of
25 electric, gas, steam, telecommunications, and water[,]; public
26 policy[,]; consumer advocacy; organized labor; or environmental manage-
27 ment.
28 4. In carrying out its powers and duties pursuant to this chapter, the
29 commission shall have a duty to protect the public interest. Such duty
30 shall include ensuring affordable, safe, secure, and reliable access to
31 utility services for residential and business customers, including elec-
32 tric, gas, steam, telecommunications, and water, while protecting the
33 natural environment consistent with the state's goals to address the
34 climate crisis pursuant to article seventy-five of the environmental
35 conservation law. Determinations made or actions taken by the commis-
36 sion in carrying out its duties shall prioritize the best interests of
37 the utility consumer and affordability for the utility consumer.
38 § 2. Section 9 of the public service law, as amended by chapter 155 of
39 the laws of 1970, is amended to read as follows:
40 § 9. Oath of office; eligibility of commissioners and officers. Each
41 commissioner and each person appointed to office by the [chairman]
42 chairperson shall, before entering upon the duties of [his] their
43 office, take and subscribe the constitutional oath of office. The oaths
44 of office other than those of a commissioner shall be filed in the
45 office of the commission. No person shall be eligible for appointment or
46 shall hold the office of commissioner or be appointed to, or hold, any
47 office or position under the commission, who holds any official relation
48 to any person or corporation subject to the supervision of the commis-
49 sion, or who owns stocks or bonds of any such corporation. No person
50 shall be eligible for appointment or shall hold the office of commis-
51 sioner if in the previous two years they were employed by an electric,
52 gas, steam, telecommunications, or water utility that is regulated by
53 the commission.
54 § 3. This act shall take effect immediately and shall apply to any
55 commissioner appointed on or after such date.
