The New York State Senate

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

                                  8608

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              July 10, 2017
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  BENEDETTO,  COOK,  GALEF, JAFFEE,
  M. G. MILLER, ROSENTHAL -- Multi-Sponsored by -- M. of A.  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.
  §  2. The public service law is amended by adding a new section 4-a to
read as follows:
  § 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;
  (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;

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

                                                           LBD01919-01-7

A. 8608                             2

  (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
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

A. 8608                             3

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.
  § 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.