S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6574
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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:

   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.  1. There shall be in the  depart-
 ment  of public service a public service commission, which shall possess
 the powers and duties hereinafter specified, and also all powers  neces-
 sary  or  proper to enable it to carry out the purposes of this chapter.
 The commission shall consist of [five] SEVEN members, to be appointed by
 the governor, by and with the advice and  consent  of  the  senate.  TWO
 MEMBERS OF THE COMMISSION SHALL BE SELECTED FROM A NOT-FOR-PROFIT ORGAN-
 IZATION  WITH  A MISSION OF CONSUMER PROTECTION AND/OR SOCIAL JUSTICE OR
 HAVING A BACKGROUND IN CONSUMER PROTECTION AND/OR SOCIAL JUSTICE.    ONE
 MEMBER  OF  THE  SEVEN MEMBER COMMISSION SHALL BE A RESIDENT OF A NONAT-
 TAINMENT AREA. A commissioner shall be designated  as  chairman  of  the
 commission  by the governor to serve in such capacity at the pleasure of
 the governor or until his OR HER term as commissioner expires  whichever
 first  occurs. No more than [three] FIVE commissioners may be members of
 the same political party [unless, pursuant to action taken under  subdi-
 vision  two,  the number of commissioners shall exceed five, and in such
 event no more than four commissioners may be members of the  same  poli-
 tical party].
   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

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

                                                            LBD10471-01-9

 A. 6574                             2

 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 OR SHE  shall  be
 appointed  and  commissioners  shall  serve on a full-time basis. Upon a
 vacancy [occuring] 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,  shall fill the vacancy by appointment for the
 unexpired term.
   § 2. This act shall take effect immediately.