S T A T E O F N E W Y O R K
________________________________________________________________________
6015
2017-2018 Regular Sessions
I N A S S E M B L Y
February 21, 2017
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to the membership 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, as amended by chapter
155 of the laws of 1970, is amended to read as follows:
§ 4. The public service commission. (A) 1. There shall be in the
department of public service a public service commission, which shall
possess the powers and duties hereinafter specified, and also all powers
necessary or proper to enable it to carry out the purposes of this chap-
ter. The commission shall consist of [five] ELEVEN members, NINE VOTING
AND TWO NON-VOTING, AS FOLLOWS: SEVEN VOTING MEMBERS to be appointed by
the governor, by and with the advice and consent of the senate, ONE UPON
THE RECOMMENDATION OF THE ATTORNEY GENERAL AND ONE UPON THE RECOMMENDA-
TION OF THE STATE COMPTROLLER; ONE VOTING MEMBER APPOINTED BY THE SPEAK-
ER OF THE ASSEMBLY; ONE VOTING MEMBER APPOINTED BY THE TEMPORARY PRESI-
DENT OF THE SENATE; AND ONE NON-VOTING MEMBER APPOINTED BY THE MINORITY
LEADER OF THE ASSEMBLY AND ONE NON-VOTING MEMBER APPOINTED BY THE MINOR-
ITY LEADER OF THE SENATE. [A commissioner shall be designated as chair-
man of the commission by the governor to serve in such capacity at the
pleasure of the governor or until his term as commissioner expires
whichever first occurs. No more than three commissioners may be members
of the same political party unless, pursuant to action taken under
subdivision two, the number of commissioners shall exceed five, and in
such event no more than four commissioners may be members of the same
political party.] THE VOTING MEMBERS OF THE COMMISSION SHALL ELECT A
CHAIRPERSON FROM AMONG ITS MEMBERS.
(B) TO THE MAXIMUM EXTENT POSSIBLE, THE COMMISSIONERS SHALL POSSESS
BROAD AND EXTENSIVE KNOWLEDGE AND EXPERIENCE IN THE AREAS OF ENERGY AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07600-01-7
A. 6015 2
TELECOMMUNICATIONS ISSUES, FINANCING AND REGULATION OF UTILITIES, RATE-
MAKING, OR CONSUMER PROTECTION AND ADVOCACY.
2. [Notwithstanding subdivision one, whenever the commission shall
certify to the governor that additional commissioners are needed for the
proper disposition of the business before it, the governor may increase
the membership of the commission to seven members by appointing two
additional commissioners by and with the advice and consent of the
senate. The terms of office of such additional commissioners and the
filling of vacancies during such terms shall be governed by subdivision
three, except that upon the expiration of the terms of such additional
commissioners, no further appointments or reappointments shall be made
to such additional offices, unless the commission shall first certify to
the governor that the need for additional commissioners continues to
exist.
3.] The term of office of a commissioner shall be six years from the
first day of February of the calendar year in which he shall be
appointed and commissioners shall serve on a full-time basis. Upon a
vacancy occurring otherwise than by expiration of term in the office of
any commissioner, [the governor, by and with the advice and consent of
the senate,] THE APPROPRIATE APPOINTING AUTHORITY DESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION shall fill the vacancy by appointment for the
unexpired term, PROVIDED THAT ANY APPOINTMENT MADE BY THE GOVERNOR TO
FILL A VACANCY PURSUANT TO THIS SUBDIVISION SHALL BE BY AND WITH THE
ADVICE AND CONSENT OF THE SENATE.
§ 2. This act shall take effect immediately.