The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   177

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KAVANAGH, BENEDETTO, COOK, GALEF, JAFFEE, MARKEY,
  MILLER, MILLMAN, ROBINSON, ROSENTHAL -- Multi-Sponsored by -- M. of A.
  BOYLAND,  CYMBROWITZ,  DINOWITZ,  GOTTFRIED,  McDONOUGH, PERRY -- read
  once and referred to the Committee on  Corporations,  Authorities  and
  Commissions

AN  ACT  to amend the public service law, in relation to the appointment
  of members of the public service commission

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 4 of the public service law is amended by adding a
new subdivision 4 to read as follows:
  4. TO ENSURE THE HIGHEST STANDARD OF PUBLIC  UTILITY  REGULATION,  ANY
PERSON  APPOINTED  AS  A COMMISSIONER PURSUANT TO THE PROVISIONS OF THIS
SECTION SHALL BE QUALIFIED FOR SUCH APPOINTMENT AS PROVIDED  IN  SECTION
FOUR-A OF THIS ARTICLE.
  S  2. The public service law is amended by adding a new section 4-a to
read as follows:
  S 4-A. PUBLIC SERVICE  COMMISSION  NOMINATING  BOARD.  1.  ANY  PERSON
APPOINTED  AS  A COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION FOUR
OF THIS ARTICLE SHALL (A) HAVE EDUCATION AND TRAINING, AND THREE OR MORE
YEARS OF EXPERIENCE IN ONE OR MORE OF THE FOLLOWING  FIELDS:  ECONOMICS,
ENGINEERING,  LAW,  ACCOUNTING, BUSINESS MANAGEMENT, UTILITY REGULATION,
PUBLIC POLICY, CONSUMER ADVOCACY OR ENVIRONMENTAL  MANAGEMENT;  AND  (B)
SHALL  BE  SELECTED  FROM A LIST OF INDIVIDUALS NOMINATED AS PROVIDED IN
SUBDIVISION TWO OF THIS SECTION.
  2. (A) THERE SHALL BE ESTABLISHED IN THE DEPARTMENT A  PUBLIC  SERVICE
COMMISSION NOMINATING BOARD CONSISTING OF THE FOLLOWING:
  (1)  A REPRESENTATIVE OF THE UTILITY INTERVENTION UNIT OF THE CONSUMER
PROTECTION DIVISION APPOINTED BY THE SECRETARY OF STATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01526-01-3

A. 177                              2

  (2) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
MENT AUTHORITY, OR HIS OR HER DESIGNEE;
  (3) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR HIS OR HER DESIGNEE;
  (4)  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION, OR HIS OR HER
DESIGNEE;
  (5) THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE;
  (6) A PROFESSIONAL ENGINEER APPOINTED BY THE  COMMISSIONER  OF  EDUCA-
TION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
  (7)  A  CERTIFIED  PUBLIC  ACCOUNTANT APPOINTED BY THE COMMISSIONER OF
EDUCATION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
  (8) A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER APPOINTED BY THE  DIREC-
TOR  OF THE STATE OFFICE FOR THE AGING, TO SERVE AT THE PLEASURE OF SUCH
DIRECTOR;
  (9) A REPRESENTATIVE OF BUSINESS ENTITIES REGULATED BY THE COMMISSION,
APPOINTED BY THE GOVERNOR, TO SERVE AT THE PLEASURE OF THE GOVERNOR;
  (10) A REPRESENTATIVE OF BUSINESS ENTITIES THAT ARE NOT  REGULATED  BY
THE  COMMISSION,  APPOINTED BY THE GOVERNOR, TO SERVE AT THE PLEASURE OF
THE GOVERNOR;
  (11) A REPRESENTATIVE OF LABOR APPOINTED BY THE GOVERNOR, TO SERVE  AT
THE PLEASURE OF THE GOVERNOR;
  (12)  TWO MEMBERS OF THE PUBLIC APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY, TO SERVE AT THE PLEASURE OF THE SPEAKER;
  (13) TWO MEMBERS OF THE PUBLIC APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE, TO SERVE AT THE PLEASURE OF THE TEMPORARY PRESIDENT;
  (14) A MEMBER OF THE PUBLIC APPOINTED BY THE MINORITY  LEADER  OF  THE
ASSEMBLY, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER; AND
  (15)  A  MEMBER  OF THE PUBLIC APPOINTED BY THE MINORITY LEADER OF THE
SENATE, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER.
  (B) AT ITS INITIAL MEETING IN EACH CALENDAR  YEAR,  SUCH  BOARD  SHALL
SELECT  FROM AMONG ITS MEMBERS A CHAIRPERSON. THE BOARD MAY ADOPT BYLAWS
GOVERNING ITS PROCEEDINGS.
  (C) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL KEEP A RECORD
OF ITS PROCEEDINGS. SPECIAL MEETINGS MAY BE CALLED BY  THE  CHAIRPERSON,
AND SHALL BE CALLED BY THE CHAIRPERSON UPON RECEIPT OF A WRITTEN REQUEST
FOR A MEETING SIGNED BY TWO OR MORE MEMBERS OF THE BOARD. WRITTEN NOTICE
OF  THE  TIME  AND PLACE OF EACH MEETING SHALL BE SENT TO EACH MEMBER OF
THE BOARD.
  (D) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL:
  (1) REVIEW AND EVALUATE POSSIBLE APPOINTEES FOR THE OFFICE OF  COMMIS-
SIONER OF THE COMMISSION;
  (2)  NOT  MORE  THAN EIGHTY-FIVE NOR LESS THAN SIXTY DAYS PRIOR TO THE
EXPIRATION OF THE TERM OF A COMMISSIONER, OR NOT MORE THAN  THIRTY  DAYS
AFTER  THE  DEATH  OR  RESIGNATION  OF  OR  TERMINATION OF SERVICE BY, A
COMMISSIONER, PROVIDE THE GOVERNOR WITH A LIST OF FOUR INDIVIDUALS MEET-
ING THE QUALIFICATIONS OF THIS SECTION WHO ARE, IN THE JUDGMENT  OF  THE
BOARD,  THE  MOST  FULLY QUALIFIED TO SERVE ON THE COMMISSION. THE BOARD
SHALL NOT INCLUDE THE NAME OF AN INDIVIDUAL UPON ANY SUCH  LIST  IF  THE
APPOINTMENT OF THAT INDIVIDUAL BY THE GOVERNOR WOULD RESULT IN A GREATER
NUMBER  OF  MEMBERS  OF  THE  COMMISSION BELONGING TO THE SAME POLITICAL
PARTY THAN IS PERMITTED PURSUANT TO SECTION FOUR OF THIS ARTICLE.
  (3) IN REVIEWING AND EVALUATING POSSIBLE APPOINTEES FOR THE OFFICE  OF
COMMISSIONER  OF  THE  COMMISSION,  THE  BOARD MAY ACCEPT COMMENTS FROM,
COOPERATE WITH AND REQUEST INFORMATION FROM ANY PERSON.
  (E) WITHIN THIRTY DAYS OF RECEIPT OF THE BOARD'S RECOMMENDATIONS,  THE
GOVERNOR  SHALL  APPOINT  ONE OF THE PERSONS RECOMMENDED BY THE BOARD TO
FILL A VACANCY OCCURRING IN THE OFFICE OF COMMISSIONER. NOTHING IN  THIS

A. 177                              3

SECTION  SHALL  PREVENT  THE  GOVERNOR IN THE GOVERNOR'S DISCRETION FROM
REJECTING ALL OF THE NOMINEES OF THE BOARD AND RECONVENING THE BOARD  IN
ORDER TO SELECT FOUR ADDITIONAL NOMINEES. HOWEVER, WHEN THE GOVERNOR HAS
RECONVENED  THE  BOARD  AND  THE  BOARD HAS PROVIDED THE GOVERNOR WITH A
SECOND LIST OF FOUR NAMES, THE GOVERNOR SHALL MAKE THE APPOINTMENT  FROM
ONE OF THE NAMES ON THE FIRST LIST OR THE SECOND LIST.
  (F)  THE  MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES ON THE BOARD BUT SHALL BE ENTITLED TO  REIMBURSEMENT  OF  THEIR
ACTUAL AND NECESSARY EXPENSES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.