STATE OF NEW YORK
________________________________________________________________________
4405
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Corporations, Authorities and Commissions
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, 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] seven members, to be appointed by
10 the governor, by and with the advice and consent of the senate. Two
11 members of the commission shall be selected from a not-for-profit organ-
12 ization with a mission of consumer protection and/or social justice or
13 having a background in consumer protection and/or social justice. One
14 member of the seven member commission shall be a resident of a nonat-
15 tainment area. A commissioner shall be designated as chairman of the
16 commission by the governor to serve in such capacity at the pleasure of
17 the governor or until his or her term as commissioner expires whichever
18 first occurs. At least one commissioner shall have experience in utility
19 consumer advocacy. 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].
24 2. [Notwithstanding subdivision one, whenever the commission shall
25 certify to the governor that additional commissioners are needed for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06733-01-3
A. 4405 2
1 proper disposition of the business before it, the governor may increase
2 the membership of the commission to seven members by appointing two
3 additional commissioners by and with the advice and consent of the
4 senate. The terms of office of such additional commissioners and the
5 filling of vacancies during such terms shall be governed by subdivision
6 three, except that upon the expiration of the terms of such additional
7 commissioners, no further appointments or reappointments shall be made
8 to such additional offices, unless the commission shall first certify to
9 the governor that the need for additional commissioners continues to
10 exist.
11 3.] The term of office of a commissioner shall be six years from the
12 first day of February of the calendar year in which he or she shall be
13 appointed and commissioners shall serve on a full-time basis. Upon a
14 vacancy [occuring] occurring otherwise than by expiration of term in the
15 office of any commissioner, the governor, by and with the advice and
16 consent of the senate, shall fill the vacancy by appointment for the
17 unexpired term.
18 [4.]3. Any commissioner appointed on or after July first, two thousand
19 twenty-two, pursuant to this section shall have education and training,
20 and three or more years of experience in one or more of the following
21 fields: economics, engineering, law, accounting, business management,
22 utility regulation, public policy, consumer advocacy or environmental
23 management.
24 § 2. This act shall take effect immediately.
