STATE OF NEW YORK
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137
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
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Introduced by Sens. MAYER, BROOKS, COMRIE, GOUNARDES, HARCKHAM, HOYLMAN,
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.
LBD02684-01-1
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.
