Increases the number of members in the public service commission from five to seven members and provides requirements for certain members of the commission.
STATE OF NEW YORK
________________________________________________________________________
8968
IN SENATE
September 4, 2020
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
24 additional commissioners by and with the advice and consent of the
25 senate. The terms of office of such additional commissioners and the
26 filling of vacancies during such terms shall be governed by subdivision
27 three, except that upon the expiration of the terms of such additional
28 commissioners, no further appointments or reappointments shall be made
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17276-01-0
S. 8968 2
1 to such additional offices, unless the commission shall first certify to
2 the governor that the need for additional commissioners continues to
3 exist.
4 3.] The term of office of a commissioner shall be six years from the
5 first day of February of the calendar year in which he or she shall be
6 appointed and commissioners shall serve on a full-time basis. Upon a
7 vacancy [occuring] occurring otherwise than by expiration of term in the
8 office of any commissioner, the governor, by and with the advice and
9 consent of the senate, shall fill the vacancy by appointment for the
10 unexpired term.
11 § 2. This act shall take effect immediately.
